HomeMy WebLinkAbout2005-09-15 Abatement Hearing City Commission Meeting Agenda Packet AGENDA
DANIA BEACH CITY COMMISSION
ABATEMENT HEARING
THURSDAY, SEPTEMBER 15, 2005 - 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 Gregory Macneir for abatement of Lot Mowing and/or Debris Removal
liens for property described as College Tract First Add 22-10 B Lot 13, 14 Blk 2
(Folio #1203-35-0140)
3.2 Request by Robert E. Rhodes for consideration of the settlement for Case #CEB00-
0421, for property located at 4671 SW 26th Terrace (Folio #0229-03-0140)
3.3 Request by Carrig Associates LLC for abatement of Case #04-0654, for property
located at 2831 Ravenswood Road (Folio #0220-02-0412)
4. ADJOURNMENT
ADDENDUM
DANIA BEACH CITY COMMISSION
ABATEMEMT HEARING
THURSDAY, SEPTEMBER 15, 2005 - 6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION 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 1.0
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 Request by Michael Scotto, Lorenzo's Italian Restaurant, for abatement of Case
#CEB99-0261, for property located at 1121 S. Federal Highway(Folio 41203-24-0010)
ms
CITY OF DANIA BEACH
Department of Public Services
August 24, 2005
Certified Mail 7005 0390 0003 6804 6782
Gregory Macneir
2441 N E 26 Ave.
Ft Lauderdale FL 33305
Re: Claim of Lien One Lot Mowing and/or Debris Removal
Legal Description: College Track First Add 22-10 BQ
Folio 5142 03 35 0140
Dear: Mr. Macneir,
Please be advised that you are scheduled on September 15, 2005 at 6:00 p.m., Dania Beach City
Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to address the City Commission
on your request for abatement of the above-referenced lot mowing and/or debris removal liens.
We would like to clearly state that your request for abatement of these liens on September 15,
2005, in no way represents a guarantee of a part or full waiver by the City Commission. Please
be prepared to make your comments brief and to deal only with your reasons for requesting the
abatement of the liens.
Sincerely,
Dominic F. Orlando, P.E.,
Director of Public Services
P. O. Box 1708 Dania Beach FL 33004 Phone : 954-924-3742 Fax: 954-923-1109
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LORIZIPARRISH
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IMPORTANT: If you are looking to purchase this property;the tax amount shown may
have no relationship to the taxes you will pay.
COUNTY Please use our Tax Estimator to determine a more likely estimate of
6 your new amount.
VIEW MAP PUM NEW SEARCH 8I
Click here to display your 2005 TRIM notice.
Site Address ID# 5142 03 35 0140
Property Owner MACNEIR,GREGORY D Millage 0443
Mailing Address 2441 NE 26 AVE FT LAUDERDALE FL 33305 Use 00
Legal COLLEGE TRACT FIRST ADD 22-10 B LOT 13,14 BLK 2
Description
Property Assessment Values
Year Land Building Land Value AG Total Tax
Current $46,250 $46,250
2004 $22,880 $22,880 $580.28
2003 $ 14,120 $ 14,120 $373.75
Save Our Exemptions
Home Value Type Widow(er)'s/Veteran's/Disability Homestead Non-Exempt
$46,250
Sales History Land Calculations
Date Type Price Book Page Price Factor Type
06/05 QCD $30,000 39912 942 $475.00 97.36 FF
02/04 WD $55,000 37017 738
03/94 W $25,000 21852 300
07/87 W $28,000
Adj. Bldg. S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
04 D S
A DS .
23 0.30
Please Note:Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax Purposes.
http://www.bcpa.net/Includes/Inc RecInfo.cffn 8/24/2005
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CLAIM OF LIEN
THE CITY OF DANIA BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State INSTR#105273450
of Florida, on. July 12, 2005 furnished; OR BK 40290 Pages
RECORDED 08115/0509'10210
LOT MOWING AND/OR DEBRIS REMOVAL BROWARD COUNTY cOMMIsSION
DEPUTY CLERK 1032
#8,services to the following described property located in the City 1 Pages
of Dania Beach, Broward County, Florida, and the amount of
charges for same as shown hereinafter is due and owing the
City of Dania Beach, Florida on the real property described as -
follows: ____----------
LEGAL OWNER FOLIO# AMOUNT DATE
College Track First Add Aqua Sun Properties 1203 35 0140 $312.50 8/4/2005
22-10 BQ
with interest thereon at the rate of twelve percent(12%)per annum from July 31, 2005 the date for
interest to begin as shown in your statement for such services, to the date of payment of the amounts
due.
The City of Dania Beach, Florida, claims a lien for the above amount, as provided for in Section
13-32, Article Il, Chapter 13 of the Code of Ordinances of the City of Dania Beach, Florida.
Witnesses: CITY OF DANIA BEACH
BY: �� .•—
Patricia Varney Finance Direc or
I
T TE OF FLO IDA)
C UNTY OF BROWAR ) SS.
SWORN TO AND SUBSCRIBED before me this day of 2005.
By Patricia Varney Director, personally known to me.
a"Z47.r - % urn✓C-�
Notary Public
This instrument was prepared by My commission expires
and Return to:
Patricia Varney Finance Director
CITY OF DANIA BEACH
P. O. Box 1708w =PRENTICE
�����, CEDania Beach, FL 33004 °=_ Notary ,.f,Fkftft-E* 9�Com81004Bondetary Assn.
�.r+� 7r tvaiu.v>co, VA ssn JYytY rage }042, Page 1 of 1, Recorded 06/23/2005 at
11:23 AM, Broward County Commission, Doc. D $210.00 Deputy Clerk 2130
This Instrument prepared by:
BLOONGARDEN & ASSOCIATES, P.A.
8551 W. SUNRISE BLVD., #208
FT. LAUDERALE, FLORIDA 33322
Parcel 1D Number: 112 0 3-3 5-014 0 0
Quitclaim Deed
This Quitclaim Deed, Madethis 10th dayof June , 2005 A.D., Between
AQUA SUN PROPERTIES, L.L.C., a Florida limited liability company
of the County of BROWARD , State of Florida ,grantor, and
GREGORY D. MACNEIR, a married man
whose address is: 2441 NE 26 AVENUE, FORT LAUDERDALE, FL 33305
of the County of BROWARD State of Florida
,grantee.
Witnesseth that the GRANTOR,for and in consideration of the sum of
------------------------TEN DOLLARS ($10)----------------------- DOLLARS,
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has
granted,bargained and quitclaimed to the said GRANTEE and GRANTEE'S heirs,successors and assigns forever,the following described land,situate,
lying and being in the County of Broward State of Florida to wit:
Lots 13 and 14, Block 2, FIRST ADDITION TO COLLEGE TRACT, according to
the Plat thereof, as recorded in Plat Book 22, Page 10, of the Public
Records of Broward County, Florida.
N.B.: THIS DEED WAS PREPARED AT THE REQUEST OF THE GRANTOR, WITHOUT
AN EXAMINATION OF TITLE.
To Have and to Hold the some together with all and singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title, interest. lien, equity and claim whatsoever of grantor, either in low or equity, for
the use,benefit and profit of the said grantee forever.
In Witness Whereof,the grantor has hereunto set its hand and se ear us a ove
:Sign;ed aled and delivered in our presence: *M1
OPERTIES, L.L.
itePrinted Name: PMUP(,`,ROSEN Bp. af)
Witness
/9 P.U.Address:3314 MEADOWBROOK WAY,DAVIE,FI.33328
Printed Name:
Witness
STATE OF Florida
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this loth day of June , 2005 by
MICHAEL E. REDINGTON, MANAGING MEMBER of AQUA SUN PROPERTIES, L.L.C., a
Florida limited liability company
he is personally known tome or he has pnxiuced his Florida driver t 3 as identification.
�"�" PHILIP c.Roser
MycoMhflsslofi�onfgbsas Printed Name: #� LI'P C'' tang r
04-126X
IS:Novsmbar18,2008 Notary Public
� �P'tl0�4n
.WAyrjnisahySysk tor..21301 I011761-3iM h—R.QM.j
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BFIMPORTANT: If you are looking to purchase this property,the tax amount shown may WRFAMhave no relationship to the taxes you will pay.
CtU1�iTY Please use our Tax Estimator to determine a more likely estimate of
a your new amount.
POW .4
Site Address ID# 5142 03 35 0140
Property Owner MAC NEIR,GREGORY D Millage 0443
Mailing Address 2441 NE 26 AVE FT LAUDERDALE FL 33305 Use 00
i
Legal COLLEGE TRACT FIRST ADD 22-10 B LOT 13,14 BLK 2
Description
Property Assessment Values
Year Land Building Land Value AG Total Tax
Current $46,250 $46,250
2004 $22,880 $22,880 $580.28
2003 $ 14,120 $ 14,120 $373.75
Save Our Exemptions
Home Value Type Widow(er)'s/Veteran's/Disability Homestead Non-Exempt
$46,250
Sales History Land Calculations
Date Type Price Book Page Price Factor Type
06/05 QCD , $30,000 39912 942 $475.00 97.36 FF
02/04 WD $55,000 37017 738
03/94 W $25,000 21852 300
07/87 W $28,000
Adj. Bldg.S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
04 DS
A DS
23 0.30
Please Note:Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax purposes.
http://www.bepa.net/Includes/Inc—Reclnfo.cfm 8/8/2005
CITY OF DANIA BEACH '
Department of Public Services
PO BOX 1708
DANIA BEACH, FL 33004
(954) 924-3742 July 21, 2005 �yf
STATEMENT
AQUA SUN PROPERTIES, INC
510 NW 17 ST CERT#: 7004 2510 0003 0644 7968
FT LAUDERDALE, FL 33315 LOT: 99
LEGAL DESCRIPTION: COLLEGE TRACK FIRST ADD 22-10 BQ
FOLIO: 1203 35 0140
LOCATION: NORTH OF 684 SW 7 TERRACE
Dear Property Owner:
Pursuant to the written notice sent to you by certified mail (7003 1010 0004 8913 5347 ),
referenced property was mowed/cleared of trash on 7/12/2005 and in accordance with said
notice, the sum of $312.50 is due and payable to the City of Dania Beach:
Mowing: $262.50
Clearing: $0.00 Cubic Yds:
Service Fee: $50.00
TOTAL DUE: $312.50
Demand is hereby made that said sum of $312.50 be paid to the City of Dania Beach, on
or before 7/31/2005 . In the event that you fail to pay the amount demanded within the time
specified, alien for the full amount of this statement plus recording fees of$55.00 for the
initial recording of the lien and $45.00 for recording a satisfaction of lien once it is paid,
will be imposed upon your property by the City of Dania Beach, Florida and said lien
recorded in the public records of Broward County, Florida.
Respectfully,
Dominic Orlando
Director of Public Services
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Broward County Property Appraiser's Network Page 1 of 1
LORI PARRISH
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If you are looking to purchase this property,the tax amount shown may
� �, IMPORTANT: Y 9 P P P Y, Y
have no relationship to the taxes you will pay.
�=COUNTY Please use our Tax Estimator to determine a more likely estimate of
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SPA HOMI
Site Address ID# 5142 03 35 0140
Property Owner AQUA SUN PROPERTIES LLC Millage 0443
Mailing Address 510 NW 17 ST FT LAUDERDALE FL 33315 Use 00
FLegal COLLEGE TRACT FIRST ADD 22-10 B LOT 13,14 BLK 2
scription
Property Assessment Values
Year Land Building Land Value AG Total Tax
Current $46,250 $46,250
2004 $22,880 $22,880 $580.28
2003 $ 14,120 $ 14,120 $373.75
Save Our Exemptions
Home Value Type Widow(er)'s/Veteran's/Disability Homestead Non-Exempt
$46,250
Sales History Land Calculations
Date Type Price Book Page Price Factor Type
02/04 WD $55,000 37017 738 $475.00 97.36 FF
03/94 W $25,000 21852 300
07/87 W $28,000
09/85 W $ 18,000
Adj. Bldg.S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
04 DS
A DS
23 0.30
Please!Vote:Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax purposes.
http://www.bcpa.net/Includes/Inc_Reclnfo.cfm?URL_Folio=514203350140 6/13/2005
CITY OF ®AMA BEACH
Department of Public Services
PO BOX 1708
DANIA BEACH, FL 33004
(954) 924-3742
June 22, 2005
AQUA SUN PROPERTIES, INC CERTIFIED MAIL
510 NW 17 ST RETURN RECEIPT REQUESTED
CERT#: 7003 1010 0004 8913 5347
FT LAUDERDALE, FL 33315
LOT: 99
LEGAL DESCRIPTION: COLLEGE TRACK FIRST ADD 22-10 BQ
FOLIO: 1203 35 0140
LOCATION: NORTH OF 684 SW 7 TERRACE
Dear Property Owner:
Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania Beach,
Florida, you are hereby notified that you are in violation of said section by having excessive growth and/or
trash at the above referenced property located within the City of Dania Beach, Florida.
You are hereby further notified that you must have this parcel of land mowed and/or cleared within ten (10)
working days from the date of this letter. Failure to respond within this ten day period will result in the city
having your property mowed and/or cleared and billing you for all costs which will be calculated as follows:
(a) $100.00 for lots 5000 feet or less.
(b) $0.025 per square foot for lots over 5000 feet.
(c) $20.00 per cubic yard of rubbish and other debris removed from the property.
(d) A$25.00 service fee for first offense; and $50.00 service fee for all other offenses.
(e) In the event a lien has to be prepared and recorded a charge of$55.00 will be imposed.
(f) In the event a lien satisfaction has to be prepared a charge of$45.00 will be imposed.
(g) In the event this Final Order is filed/recorded as a lien a charge of$55.00 will be imposed.
(h) In the event a Lien satisfaction has to be prepared a charge of$45.00 will be imposed.
In the event the costs are assessed against your property and you fail to pay same within the time specified
in your statement, a lien upon you property will be recorded by the city. Accordingly, the following charges
will be assessed against your property:
Mowing: 10,500 sq ft at$.025 per sq ft $262.50
Trash and debris removal (This is an estimate only. Charges will be computed
based upon the actual volume removed.)
Estimated at cubic yards at$20 per cubic yard $0.00
Service fee: $50.00
PLEASE GOVERN YOURSELF ACCORDINGLY Total Due: $312.50
Very truly yours,
Leo Williams
Acting Director of Public Services
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Broward.County Property Appraiser's Network Page 1 of 1
PARRISH
B(��` a;= IMPORTANT: if you are looking to purchase this property,the tax amount shown may have no
#'t~0-N" RD relationship to the taxes you will pay.
CQQNTY F Please use our Tax Estimator to determine a more likely estimate of your new amount.
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Site Address ID# 5142 03 35 0140
Property O er AQUAS N PROPERTIES LLC Millage
Mailing Address 510 NW 17 ST FT LAUDERDALE FL 33315 Use 00
Legal COLLEGE TRACT FIRST ADD 22-10 B LOT 13,14 BLK 2
Description
Property Assessment Values
Year Land Building Land Value AG Total Tax
Current $22,880 $22,880
2004 $22,880 $22,880 $580.28
2003 $ 14,120 $ 14,120 $373.75
Save Our Exemptions
Home Value Type Widow(er)'s/Veteran's/Disability Homestead Non-Exempt
$22,880
Sales History Land Calculations
Date Type Price Book Page Price Factor Type
02/04 WD $55,000 37017 738 $235.00 97.36 FF
03/94 W $25,000 21852 300
07/87 W $28,000
09/85 W $ 18,000
Adj. Bldg.S.F.
Special Assessments
Fire Garbage Light Drainage Improvement Safe
04 DS
A DS
23 0.30
Please Note:Assessed values shown are NOT certified values and are
subject to change before final certification for ad valorem tax purposes.
lhttrn•/Ainxrtxr hrnn nat/TnrhirlPc/Tnr RPrTnrn rftn z/�Q/inns
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t � CITY OF DANIA BEACH
DIVISION OF PUBLIC WORKS
P.O. BOX 1708
Dania Beach, FL 33004
(954) 924-3742
November 30, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Aqua Sun Properties LLC
510 NW 17 St
Ft Lauderdale FL 33315
CERT# 7003 1010 0004 8922 9848
CITY LOT 99
LEGAL DESCRIPTION: College Tract First Add 22-10 B Lot 13,14 Blk 2
FOLIO NO. 1203 35 0140
LOCATION: North of 684 SW 7 Ter
NOTE:
Dear Property Owner:
Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania
Beach, Florida, you are hereby notified that you are in violation of said section by having excessive
growth and/or trash at the above referenced property located within the City of Dania Beach, Florida.
You are hereby further notified that you must have this parcel of land mowed and/or cleared within
ten (10) working days from the date of this letter. Failure to respond within this ten day period will
result in the city having your property mowed and/or cleared and billing you for all costs which will
be calculated as follows:
(a) $100.00 for lots 5000 feet or less.
(b) $0.025 per square foot for lots over 5000 feet.
(c) $20.00 per cubic yard of rubbish and other debris removed from the property.
(d) A $25.00 service fee for first offense; and $50.00 service fee for all other offenses.
(e) In the event a lien has to be prepared and recorded a charge of $55.00 will be imposed.
(f) In the event a lien satisfaction has to be prepared a charge of $45.00 will be imposed.
(g) In the event this Final Order is filed/recorded as a lien a charge of $55.00 will be imposed.
(h) In the event a Lien satisfaction has to be prepared a charge of$45.00 will be imposed.
PAGE 2
LOT #: North of 684 SW 7 Ter
In the event the costs are assessed against your property and you fail to pay same within the time
specified in your statement, a lien upon you property will be recorded by the city. Accordingly, the
following charges will be assessed against your property:
Mowing: 10,500 sq ft at $.025 per sq ft $262.50
*Trash and debris removal:
Estimated at 0 cubic yards at $20.00 per cubic yard $
Service fee $ 50.00
Total $312.50
PLEASE GOVERN YOURSELF ACCORDINGLY.
Very truly yours,
Fernando A. Vazquez, P.E.,
Director of Public Services
* This is only an estimate. Charges will be computed based upon the actual volume
removed.
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AGENDA REQUEST FORM �.
CITY OF DANIA
Date: 9/06/05 Agenda Item #:
Title: Request for approval of settlement of$15,000 for case in foreclosure
Requested Action:
Consideration of the settlement for CEBOO-0421 — Robert E. Rhodes—4671 SW 26 Terrace
Summary Explanation & Background:
This property was originally cited on 10/04/99 for a public nuisance violation and given 7 days to
comply. The defendant did not comply and was taken to the code board on 2/07/00. The board
issued a final order giving 20 days to comply or a fine of$50.00 per day would be levied. The
compliance date was 3/19/00 and they did not comply. The City did a clean up on the property on
11/16/01 and that brought the property in to compliance at that time. The fine ran from 3/19/00 to
11/16/01, 607 days @$50.00 day = $30,350.00 plus $100.00 recording fee = $30,450.00 owed.
The fine was confirmed on 6/5/00 and the code board authorized foreclosure on 9/10/01.
Exhibits (List):
(1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board.
(2) Copy of the original violation letter issued.
(3) Copy of minutes from the 2/07/00, 6/05/00 and 9/10/01 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Office Supervisor
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Case pending code board hearing 9/06/05
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
PREPARED BY: IIN1101111111111IN
TIMOTHY M. RYAN, ESQ.
Special City Attorney INSTR 100220238
City of Dania Beach OR BBC 30430 PG 1308
700 East Dania Beach Boulevard
Dania Beach, Florida 33004 WCOM 84/18/2080 01:38 PM
COMISSIDN
SRUARD MAR
RETURN TO: DEPUTY CLERK 2030
MARIE JABALEE
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.
S�
ITNE,SS my hand and official seal at Dania Beach, Florida, this day
of Gt�G` , 2000.
CITY OF DANIA BEACH
MARIE JA LEE
Finance Director
File: CEB 00 '
�l
OR BK 30430 PG 1309
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # CEB00-0421
municipal corporation
PLAINTIFF, FINAL ORDER
VS.
ROBERT E. RHODES
DEFENDANT
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on February 7, 2000, after notice.
Upon 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, Robert E. Rhodes, did allow the following code violation to exist at
property defendant owns located at 4671 SW 26 Terrace, Dania Beach, Florida, which
property is legally described as: MARSHALL EVERGLADES SUB 2-32 D 29-50-42 N
108 OF S 654 OF E 100 OF W 210 OF TRACT 12 BLK 4-AKA LOTS 20 & 22 BLK 2 ( #
0229-03-0140):
FINAL ORDER OR BK 30430 PG 1310
CEB00-0421
PAGE 2
1. Chapter 13, Section 13-23; Public Nuisance. Failure to remove all junk, trash,
garbage and all other materials stored on the property and to mow/cut and maintain
hedges, weeds and grass.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Robert E. Rhodes :
(a) has been found to be in violation of the above described code section listed in
paragraph b.(1). A fine of $50.00 per day will be imposed 20 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, Robert E.
Rhodes, for the foregoing violation listed in paragraph b.(1), a fine of $50.00 per day, to
be imposed 20 days from the date this order is signed by the Chairperson of the
Board.
The fine shall continue until said violation comes into compliance with said
section of the City Code upon requested inspection. Upon complying, the defendant
shall notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether defendant has complied.
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 7th day of February, 2000.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:
Beulah Lair, Vice hair erson
Date signed:
Return to: Marie Jabalee, Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER OR BK 30430 PG 1311
CEB00-0421
PAGE 3
Sworn and subscr ed before me this
otd day of 2000.
NO ARY PUBLItSTATE OF FLORIDA
Beulah Lair is personally known to me.
SPRY PG OFACAALNOTARY
O el�O GUORIA J W;ANM
COMMISSION NUMBER
7, O cceam
FOF Ft.d* MY OOMMISSIONE)SRES
MAY 10 2003
Return to: Marie Jabalee, Finance Director
100 W.Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER OR BK 30430 PG 1312
CEB00-0421
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Robert E. Rhodes, this day of 2000.
CERTIFIED MAIL Z 243 148 925
QIA' /�Af'
CODE ENFORC E BOARD CLERK
APPROVED TO FORM AND CORRECTNESS
TIM RYAN, PECIAL CITY TTORNEY
Return to: Marie Jabalee, Finance Director
100.W. Dania Beach Blvd.
Dania Beach, FL 33004
�11e�ti n'�I!�l II III n 11 II 111 II III II III II III fl III I III
INSTR 100466758
OR BX 30764 PG 0671
RECORDED 08/15/2000 10:00 Fly}
(MISSION
BRURD COUNTY
DEPUTY CLERK 1016
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # CEB00-0421
Municipal corporation
PLAINTIFF, FINAL ORDER
vs.
ROBERT E. RHODES
DEFENDANT
SUPPLEMENTAL ORDER/ CLAIM OF LIEN
The City of Dania Beach Code Enforcement Board ("Board") 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, having received the
testimony and affidavit of Code Officer William Dubisky on the City's Motion to
Confirm Fine held on the 5th day of June, 2000, and based on the evidence, the
Board enters the following findings of fact and order:
1. That the Board did issue on the 28th day of February, 2000,.a Final Order
in the above captioned case commanding the defendant, Robert E.
Rhodes, to bring the violation specified in said Final Order into compliance
�.
SUPPLEMENTAL ORDER OR SK 30764 PG 0672
CEB00-0421
on or before the 19th day of March, 2000, or pay a fine in the amount of
$50.00 per day for each day of non compliance thereafter.
2. That said violation occurred on the following described real property
situate, lying and being in Broward County, Florida, to wit: MARSHALL
EVERGLADES SUB 2-32 D 29-50-42 N 108 OF S 654 OF E 100 OF W
210 OF TRACT 12 BLK 4-AKA LOTS 20 & 22 BLK 2 (folio # 0229-03-
0140)
3. That the Defendant, Robert E. Rhodes, 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, Robert E. Rhodes, 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 RDERED at Dania Beach, Broward County, Florida, this
Day of , 2000.
DANIA BEACH CODE ENFORCEMENT BOARD
By:
4?L
Richard Bettor, C airman
Sworn to and subscribed before me this day of CGst� , 2000
By Richard Bettor, who is personally known to me.
�o
NOTAAi(--PUBLIV STATE OF FLORIDA
,..Ua
OFFCULNOTARY
O1taY PGe<i GLORIAJBWWOES
r COMMISSIONS NUMBER
CC828490
9� MY COMMISSION E)TIRES
FOP f�0a MAY 10 2003
SUPPLEMENTAL ORDER OR BK 30764 PG 0673
CEB00-0421
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendant, Robert E. Rhodes, this �_ day of
, 2000.
CERTIFIED MAIL # Z 394 737 019
CODE NFORC ENT BOARD CLERK
APPROVED AS FORM AN CORRECTNESS
TIMOTHY M. R AN, SPECIAL Cl ATTORNEY
TIMOTHY M. RYAN, ESQ. OR BK 30764 PG 0674
Special City Attorney
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
RETURN TO:
MARIE JABALEE
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, this 2„ � da
of 2000. y
CITY OF DANIA BEACH
By. /� .
MARIE JABALEE
Finance Director
File: CEB CZ/z/
y w , .. FLORIDA
10/04/99
ROBERT E. RHODES
4671 SW 26 TERRACE
FORT LAUDERDALE, FL 33312
RE: FILE 99-2144 .
LOCATION: 4671 SW 26 tr
FOLIO 0229-03-0140/
LEGAL DESCRIPTION BEING:
MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 N 108 OF S 654 OF E 100 OF W
210 OF TRACT 12 BLK 4-AKA LOTS 20 & 22 BLK 2
Dear ROBERT E. RHODES :
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. JUNK, TRASH; GARBAGE AND ALL OTHER MATERIALS STORED ON THE
PROPERTY MUST BE REMOVED. HEDGES, WEEDS AND GRASS MUST BE MOWED/CUT
AND MAINTAINED .
You are required to correct the violation and call for a re-inspection by
10/11/99 . 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
hesitate to contact me .
WILLIAM DUBISKY
CODE INSPECTOR
I certify that an original hereof was furnished to the above named
addressee by Certified Mail Z 352 736 397 _ Gloria Brandes .
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
obtained by certified mail, the property was posted and the Affidavit of
Service is in file. Two photographs were presented. Ms. Lair asked if there
was any one present representing Mr. Solic. There was no one. She
entered the two pictures into the record. It was on motion of Judy Jensen,
to adopt the findings of fact of Code Inspector William Dubisky, move to
find the violation exists as charged and that the violators be given 25 days
to comply, thereafter a fine of$50.00 per day shall be levied. The motion
was seconded by Jimmy Peterman and carried on the following roll call:
William Sargent — yes Judy Jensen —yes Beulah Lair— yes
Pat Flury — yes Jimmy Peterman —yes
19. CEB00-0421 ROBERT E. RHODES
4671 SW 26 TERRACE
FORT LAUDERDALE, FL 33312
Inspector Dubisky, having been previously sworn, gave the following
testimony. The violation is located at 4671 SW 26 Terrace. This is a
violation of Chapter 13, Section 13-23; Public Nuisance. As of today the
property is still in violation. The junk and trash remain and the weeds and
grass have not been cut. Two pictures were entered into evidence. Ms.
Lair asked if there was any one present representing Robert E. Rhodes.
There was no one. It was on motion of Pat Flury to adopt the findings of
fact by Code Officer, William Dubisky, move to find the violation exists as
charged and that the violator be given 20 days to comply, thereafter a fine
of$50.00 per day shall be levied. The motion was seconded by Judy
Jensen and carried on the following roll call:
William Sargent—yes Judy Jensen —yes Beulah Lair— yes
Pat Flury — yes Jimmy Peterman
20. CEB00-0423 LRM LEASING CO., INC.
100 W. CYPRESS CREEK ROAD
#975
FORT LAUDERDALE, FL 33309
Inspector Dubisky, having been previously sworn, gave the following
testimony. The violations are located at 3401 Griffin Road. There is a
violation of Chapter 13, Section 13-23; Public Nuisance, a violation of
Chapter 14, Section 14-2; Junked and Abandoned Vehicles and a
violation of Chapter 8, Article II — Property Standards, Section 8-
21(a)(5)(a), (1) & (2). As of today, Chapter 8 did comply; they painted the
building, however, the property remains in violation of Chapter 13 for the
miscellaneous debris. The weeds and grass have been cut in the back.
There is still one unlicensed vehicle there. Service was not obtained by
certified mail but the property was posted and the Affidavit of Service is on
DANIA BEACH CODE ENFORCEMENT BOARD 14 FEBRUARY 7,2000
Beulah Lair- yes Pat Flury — yes Jimmy Peterman — yes
Tim McLeod —yes
9. CEB00-0421 — Robert E. Rhodes — Confirmation of Fine
William Dubisky, having been previously sworn in, came forward and gave the
following testimony. On 2/7/00 the case was heard before the Board and,
pursuant to the Order, the defendant was to have taken certain corrective
action on or before 3/19/00. A reinspection of the property, located at 4671
SW 26 Terrace, was performed today and that the trash and debris still remain
on the property; the grass and weeds had not been cut and the property had
not been maintained. The Affidavit of Noncompliance was in the file.
Chairman Bettor asked for a motion. It was on motion of Beulah Lair,
seconded by Tim McLeod, to confirm the fine. The motion carried on the
following roll call:
William Sargent—yes Richard Bettor—yes Judy Jensen — yes
Beulah Lair- yes Pat Flury — yes Jimmy Peterman —yes
Tim McLeod —yes
10. CEB00-0420 — Jovan and Radinka Solic — Confirmation of Fine
William Dubisky, having been previously sworn in, came forward and gave
the following testimony. This case was heard 2/7/00 and, pursuant to the
Order, the defendant was to have taken certain corrective action on or before
3/24/00. A reinspection of the property, located at 1401 SE 2 Avenue,
revealed the corrective action had not been taken. There were still
unlicensed vehicles on the property; the Affidavit of Noncompliance was on
file. It was on motion of Tim McLeod, seconded by William Sargent, to
confirm the fine. The motion carried on the following roll call:
William Sargent—yes Richard Bettor—yes Judy Jensen — yes
Beulah Lair- yes Pat Flury — yes Jimmy Peterman —yes
Tim McLeod —yes
11. CEB94-0087 — E.E. & Orzie L. Thompson — Request for Abatement
William Johnson, having been previously sworn in, came forward and gave
the following testimony. The violation was located at 737 SW 2 Street. The
property was cited by violation letter on 5/25/94 and failed reinspection on
6/02/94. It came before the Code Board on 7/05/94. They were given until
8/13/94 to comply, or a fine of $50.00 per day would be imposed. They did
not comply and the order was filed effective 8/14/94. The property came into
compliance on 4/28/00. The fine ran from 8/14/94 through 4/28/00, 2,084
days at $50.00 per day, totals $104,200.00 plus $100.00 recording fees, total
owed $104,300.00. There was a possibility the property could have been in
Code Enforcement Board Minutes 7 June 5,2000
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
4. Request for Extension, CEB01-0095, Gary Forbus,325 NE 2 Avenue
Building Official Ken Koch, having been previously sworn in, had the following
testimony. Mr. Koch gave testimony about the violations. Gary Forbus came
forward and was sworn in; Mr. Forbus gave testimony about the violations. It was
on motion of Gary Luedtke, seconded by Jimmy Peterman, to give an extension
for 2 weeks from today. The motion carried on the following roll call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
5. Motion to Change the October 1, 2001 Code Board Meeting to 'Tuesday,
October 16, 2001. The motion was made by Beulah Lair and seconded Jimmy
Peterman. The motion carried on the following roll call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
6. Authorization to Foreclose, CEB00-0421, Robert Rhodes, 4671 SW 26
Terrace.
Code Inspector William Dubisky came forward and was sworn in. Mr. Dubisky
gave testimony about the violations on the property. Chairman Bettor asked if
anyone was present to represent Robert Rhodes; no one came forward. It was on
motion of Jimmy Peterman, seconded by Beulah Lair, to authorize foreclosure.
The motion carried on the following roll call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
7. Authorization to Foreclose, CEB99-0365, Bessie M. McCutcheon and Sandra
McCutcheon,350 SW 4 Court.
Code Inspector William Dubisky came forward, having been previously sworn in.
Mr. Dubisky gave testimony about the violations on the property. Chairman
Bettor asked if anyone was present to represent Bessie M. McCutcheon and
Sandra McCutcheon; Deborah Anderson, 2665 NW 20 Street, Ft. Lauderdale, FL
came forward. Ms. Anderson stated Bessie McCutcheon was her stepmother and
Dania Beach Code Enforcement Board Minutes 2 September 10,2001
00010
® a
1N.'rHF,CIRCUIT COUIt'1' OFj'I-IE 17T11
JUDICIAL CIRCUIT, IN AN D 1"-'OR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 04-14717 (18)
BANK OF AMERICA, N.A.,
SUCCESSOR BY MERGER
TO B.A. MOR'1'GAGF, L X.,
SUCCE SSUK BY MFRGL'K'1'U
NAT[ONSBANC MORT'aGE
CORPORATION,
Plaintiff,
VS.
1;LIZABETI I 'I"ILLMAN, et al.,
�_. Defendants,/
DE NN--I)ANTS'. EL,IZAB 11 riLI TiLL.MAN CUTI I F DAN[A.I3 .ACC
AND 1•IUNTFR & 11UNTER, P.A.
JOINT IV urION TO DISTRIBUTE,SURPIX, FUNDS
OF Ft)RECLOSURF SALE
Defendants, ELIZABETH TILLMAN, CITY OF DANIA 13EACf I and HUNTER<4c
f;Tt)N'FER, P.A., by and through their respective attorneys, file this Joint Motion to Distribute..
SurPlus Funds of Foreclosure Sale and state:
1. This Court entered a Final Summary Judgment oFMortgage Fol'CCIOSUro in this
cause in favor of'Plaintiff on January 19, 2005.
2 A Certilieate of Sale was issued by the Broward County Clerk of Court on
February 17, 2005 for the real property foreclosed in this action.
AUG 1. 0 20.G5
Wd 6..I IO:IIHL
EO/10 'd LMI H6 b56 'ON VE 900Z 5t=kd�S`
3. The aniount.bid at the public sale exceeded the foreclosure judgment by an
amount of approximately$86,822.24.
4. Defend ants,'ELTZABETII 'rlLLMAN, CITY OF DANIA BEACH and HUNTER
& HUNTER, P.A.,presented their respective claims for surpitts funds and have now reached
agreement on distribution among the Defendants.
5, The Defendants have agreed that the CITY OF DANIA BEACH will receive
$15,000.00 from surplus funds, HUNTER& HUNTER. P.A., will receive S3,216.06 from
surplus funds and the remaining surplus funds shall be paid to ELTZABE," 'H TILLMAN.
6. Each Defendant will be responsible for its own attorney fees and costs in this
Elction.
7. This settlement satisfies all obligations of EL,1ZABE'ITI TILLMAN to CITY OF
DANIA BEACH for Code Enforcement Orders and Liens concerning the real property at 4671
S.W. 26`h Terrace, Dania Beach, Florida and all obligations of ELIZ.ABETH TILLMAN for legal
fees and costs to FILTNTER & HUNTER P.A. for the Estate of ROBERT E. 111IODFS. The
Code Enforcement Order recorded April 18, 2000, in OR. Book 30430, Page 1308 of the Public
Records of Broward County, Florida and.the Supplemental Order recorded can August 15, 2000,
in U.R. Book 30764, Paige 0671 of the Public Records of Broward County,Florida will he
satisfied by tho CITY OF DANIA BEAC14 with a recordable document delivered to counsel for
ELIZ,ABETH TILLMAN. The mortgage recorded July 27, 2004, in O.R. Book J9709, Page
1874 of the Public Records of Broward County, Florida and the promissory mote secured by said
mortgage will be satisfied by BUNTER & IIUN"TF,R., P.A. with a recordable document delivered
to counsel for ET.LZABETH TILLMAN. The Satisfaction and Release,of claim is subject to City
2
CUM 'd LVZl H6 b56 'ON XH Wd 61 : 10 AH,L 500Z-51=d3S4t`
i
Commission approval.
WHERE' ORE,Defendants, ELIZABETH TILLMAN, CITY Ul; DANIA 13FAC H acid
11UNTF.R& HUNTER, P.A.,jointly move this Court for entry of an Agreed Order Distributing
Surplus Funds to Defendants as stated in this Motion.
CHARL,ES S. DALF, P.A HUNTER& HUNTER., P,A.
Attorney for Defendant, Elizabeth Tillman Attorneys for Defendant
414 N.E. Fourth Street I lunter& Hunter, P.A.
V4, Lauderdale, Florida 33301 1930 Tyler Street
Telephone- (954)462-7472 Hollywood,l"lorida 33020
r Telepbone: (954')925-8080
SQ-� — K RT S. IANo..10
RTH, ESU.C112L:S S. IALi, E 1orillorida Bar No.: 153740 da Tiar 77038 RYAN & RYAN, LLC
Attorneys for Defendant
City of Dania Beach
700 Last Dania Reach Boulevard
Third Floor
D=ia Reach, Florida 33004
(954)920-
M. RY 21
11MCYrI Y AN, FS
Florida ar No.: 325831
3
qnr�n Ctrzi [Z6 tr56 ON XHA Wd 6[: [0 RHI 500Z-5't dHS,
0*
AGENDA REQUEST FORM 0 •
CITY OF DANIA
Date: 9/15/05 Agenda Item #:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for Carrig Associates LLC -#04-0654—2831
Ravenswood Road.
Summary Explanation & Background:
This property was originally cited on 5/28/04 for installing a chain link fence without obtaining a
permit and they were given 30 days to comply. They did not comply and were taken to the code
board on 12/06/04. The board issued a final order giving the defendant60 days to comply or a fine
of$70.00 per day would be levied. The compliance date was 2/21/05, however, they came back
before the code board on 3/07/05 and were granted an extension until 4/22/05. The property was
not brought into compliance until 7/25/05. The fine ran from 4/22/05 to 7/25/05, 94 days @
$70.00/day = $6,580.00 plus $185.00 recording fee = $6,765.00 owed. The fine was confirmed on
7/06/05.
Exhibits (List):
(1) Copy of the Final Order and Supplemental Orders issued by the Code Enforcement Board.
(2) Copy of the original violation letter issued.
(3) Copy of minutes from the 12/06/04, 3/07/05, and 7/06/05 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Office Supervisor
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Case pending code board hearing 9/06105.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
PREPARED BY:
TIMOTHY M. RYAN, ESQ. INSTR#105239429
Special City Attorney RECORDED 08 02/0516:36:37
City of Dania Beach BROWARD COUNTY COMMISSION
700 East Dania Beach Boulevard DEPUTY CLERK 1032
Dania Beach, Florida 33004 #5,5 Pages
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 28 day
of July, 2006
CITY OF DANIA BEACH
By: -. .. '�
Patricia Varney
Finance Director
CARRIG ASSOCIATES LLC
CEB/CASE# 04-0654 FINAL ORDER 0220-02-0412
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE #04-0654
municipal corporation
PLAINTIFF, FINAL ORDER
VS.
CARRIG ASSOCIATES LLC
DEFENDANT
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on December 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, Carrig Associates LLC, did allow the following code violation to exist
at property Defendant owns located at 2831 Ravenswood Road, Dania Beach, Florida,
which property is legally described as: SEABOARD FARMS 18-22 B BEG ON E/L OF
TR 16 AT PT 140 S OF NE COR OF TR 16, S 90, W 145.14 N 52.11, NE TO POB
(# 0220 02 04.12):
1. Florida Building Code 104.1; Permits Required. Defendant did install or allowed
to be installed, a chain link fence on subject property, without a permit. Failure to obtain
a permit and required inspections or remove all work.
FINAL ORDER
#04-0654
PAGE-2
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Carrig Associates LLC:
(a) has been found to be in violation of the above described code section listed in
paragraph b.(1). A fine of $70.00 per day will begin running 60 days from the date this
order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from Defendant, Carrig
Associates LLC, for the foregoing violation listed in paragraph b.(1), a fine of $70.00
per day, to begin running 60 days from the date this order is signed by the Chairperson
of the Board.
The fine shall continue until said violation comes into compliance with said
section of the City Code upon requested inspection. Upon complying, the Defendant
must notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether Defendant has complied. If
the Defendant does not notify the City's Code Enforcement Department, an officer will
not inspect the property and the fine will continue to be imposed each day until a code
officer is notified, inspects the property and determines the property to be in compliance
with this order. Said fine shall constitute a lien upon the real property and personal
property of the Defendant.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction.. ORDERED at Dania Beach, Broward
County, Florida, this _ 2,3 day of -Ce rn Joh., , 2004.
DANIA BEACH CODE ENFORCEMENT BOARD
By:
4Riiard eR6Po,Ohairperson
Return to: Patricia Varney,Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#04-0654
PAGE 3
Notary Seal:
Sworn and subscribed before me this
,13 day of 411U,&&L 2004.
NOT RY PUBLg STATE OF FLORIDA
Richard Bettor is personally known to me.
�a Gloria J Brander
My coma% 0bn pD187280
piaV Expires May 10,2007
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#04-0654.
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Carrig Associates LLC, this o day of &I ,
2004.
CERTIFIED MAIL 7003 3110 0000 8260 5561
CO ENFORPEIVILISIT BOARD CLERK
APPROVED TO FORM AND CORRECTNESS
TINT RYAN, SPECIAL CITY A ORNEY
xc: William M. Murphy, President, Douglas Management Realty Inc.
4000 N. University Drive, Suite D-103
Lauderhill, FI 33351
Certified Mail 7003 3110 0000 8260 5554
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 # 04-0654
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
CARRIG ASSOCIATES LLC
DEFENDANT
SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on March 7, 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 December 6, 2004, the Code Enforcement Board
determined that Defendant, Carrig Associates LLC, did allow the following code
violation to exist at property Defendant owns located at 2831 Ravenswood Road, Dania
Beach, Florida which property is legally described as: SEABOARD FARMS 18-22 B
BEG ON E/L OF TR 16 AT PT 140 S OF NE COR OF TR 16, S 90, W 145.14 N 52.11,
NE TO POB (# 0220 02 0412) :
FINAL ORDER
#04-0654
PAGE 2
1. Florida Building Code 104.1; Permits Required. Defendant did install or allowed
to be installed, a chain link fence on subject property, without permit. Failure to obtain a
permit and required inspections or remove all work.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Carrig Associates LLC:
(a) has been found to be in violation of the above described code section listed in
paragraph b.(1). A fine of $70.00 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 December 23, 2004.
(b) At the Formal Hearing on March 7, 2005, the City of Dania Beach Code
Enforcement Board has granted Defendants' request for extension on imposition of the
fine until April 22, 2005.
(c) Except as expressly amended herein this board's order in this case signed
December 23, 2004, shall remain in full force and effect.
ORDERED at Dania Beach, Broward County, Florida, this a 7 day
of , 2005.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:
Rlchar Bettor, Chairperson
Sworn and subs ed before me this
9_ day of 2005.
NO ARY PUBLIC VTAVE OF FLORIDA
Richard Bettor is personally known to me.
Gloria J Brandes
My Commission DD187280
Expires May 10,2007
Return to: Patricia Varney, Finance Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#04-0654
PAGE 3
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Carrig Associates LLC, this day of_040,A
2005.
CERTIFIED MAIL 7003 3110 0000 8260 4915
CODE NFORCEM T BOARD CLERK
APPROV S TO F M AND CORRECTNESS
TIM RY , SPECIAL cjrY 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
PREPARED BY:
INSTR#105239430
TIMOTHY M. RYAN, ESQ.
OR BK 40206 Pages 233-237
Special City Attorney RECORDED 08/02105163637
City of Dania Beach BROWARD COUNTY COMMISSION
700 East Dania Beach Boulevard DEPUTY CLERK 1032
Dania Beach, Florida 33004 #6,5 Pages
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 28 day
of July. 2005
CITY OF DANIA BEACH
/, _�---
Patricia Varney
Finance Director
CARRIG ASSOCIATES LLC
CEB/CASE# 04-0654 SUPP.ORDER/CLAIM OF LIEN 0220-02-0412
r
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 04-0654
Municipal corporation
PLAINTIFF, FINAL ORDER
vs.
CARRIG ASSOCIATES LLC
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 Gary Phaneuf, on the City's Motion to
Confirm Fine held on the 6th day of July, 2005, and based on the evidence, the
Board enters the following findings of fact and order:
1. That the Board did issue on the 23rd day of December, 2004, a Final Order
in the above captioned case commanding the defendant, Carrig
Associates LLC, to bring the violation specified in said Final Order into
compliance on or before the 21 st day of February, 2005, or pay a fine in
the amount of$70.00 per day for each day of non compliance thereafter.
SUPPLEMENTAL ORDER
#04-0654
2. That said violation occurred on the following described real property
situate, lying and being in Broward County, Florida, to wit: SEABOARD
FARMS 18-22 B BEG ON 3/L OF TR 16 AT PT 140 S OF NE COR OF TR.
16, S 90, W 145.14 N 52.11, NE TO POB (# 0220 02 0412).
3. That the Board did issue on the 7th day of March, 2005, a Supplemental
Order in the above captioned case granting the defendant, Carrig
Associates LLC 's, request for extension until the 22"d day of April, 2005 to
bring the violation into compliance.
4. That the Defendant, Carrig Asociates LLC, did not comply with the Final
Order on or before the date specified therein.
5. 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, Carrig Associates LLC, 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.
6. It is the order of this Board that the fine shall constitute a lien against the
above described real property and it shall be a lien against any other real
or personal property owned by defendant.
DONE AND ORDERED at Dania Beach, Broward County, Florida, this
Day of .0 , 2005.
DANIA BEACH CODE ENFORCEMENT BOARD
By:
Richard Be o , irman
Return to: Patricia Varney 2
Finance Director
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,FI 33004
SUPPLEMENTAL ORDER
#04-0654
Sworn to and subscribed before me this_g7j& day of , 2005,
By Richard Bettor, who is personally known to me.
NO RY PUB ST TE OF FLORIDA
�" Gloria J Brendes
y, a• My commission DD187260
pia mod+ Expires May 10.2007
Return to: Patricia Varney 3
Finance Director
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,Fl 33004
SUPPLEMENTAL ORDER
#04-0654
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendant, Carrig Associates LLC, this P26 day of
2005.
CERTIFIED MAIL# 7004 2510 0003 0645 8896
CODE NFORCEM NT B ARD CLERK
APPROVED TO FORM AND CORRECTNESS
TIMOTHY RYAN, SPEC AL CITY ATTORNEY
Also sent regular mail
Return to: Patricia Varney 4
Finance Director
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,Fl 33004
7. "o
L"Sir �H
z . FLORIDA
May 28, 2004
CARRIG ASSOCIATES LLC Case Number: 04-00000654
4846 N UNIVERSITY DR #308
LAUDERHILL, FL 333514510
Location: 2831 RAVENSWOOD RD
Folio: 504220020412
Legal Description:
SEABOARD FARMS 18-22 B BEG ON E/L OF TR 16 AT PT 140S OF NE
COR OF TR 16, S 90,W 145. 14 N 52 . 11,NE TO POB
Dear CARRIG ASSOCIATES LLC:
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 June 27, 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 Gary Phaneuf at 954 924-3648 .
Sinc rely
KENNETH KOCH
BUILDING OFFICIAL
I certify that an original hereof was furnished to the
above named addressee by:
Certified Mail # 7003 3110 0005 3533 0262 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
VIOLATION DETAIL PAGE 1
CASE NUMBER 04-00000654
PROPERTY ADDRESS 2831 RAVENSWOOD RD
- -------- - ------------------------------- ------- --------------
VIOLATION: FBC 104 . 1 PMTS REQ-CHAIN QUANTITY: 1
DESCRIPTION: FBC 104 . 1 PMTS REQ-CHAIN FENCE DATE: 5/28/04
LOCATION:
ORDINANCE DESCRIPTION
Violation of Chapter 104 . 1 of the Florida Building Code,
Permits Required. Installed chain link fence without a
valid building permit .
CORRECTIVE ACTION REQUIRED
Obtain required permit (s) and inspection(s) within thirty
(30) days or remove all work.
Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes
15. Case# 04-654 Carrig Associates LLC, 2831 Ravenswood Road
Code Inspector Gary Phaneuf, having been previously sworn in, came forward
and presented the case. He stated that this was a violation of the Florida
Building Code FBC 104.1, Installation of chain link fence without a valid
permit. The property is still in violation as of today. He presented three
photographs as evidence. Chairman Bettor asked if there was anyone present
representing Carrig Associates LLC. William Murphy, 800 SE 25 Ave, Fort
Lauderdale came forward and was sworn in. Mr. Murphy stated that he is the
Manager of the LLC. He identified the photographs presented to him as that
of the outside of the property and stated that he did not know about the
violation until a few days before the hearing because the notices went to their
old address. He continued to say they have applied for a permit for the fence
with the City and asked for more time in order to get a survey of the property.
Gary Luedtke made a motion that notice was properly served and to
adopt the findings of fact by Officer Phaneuf that the violation exists and
the respondent be given 60 days or a fine of $70.00 per day thereafter.
Tim McLeod seconded the motion and the motion carried on the
following roll call:
Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes
Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes
16. Case# 04-975 Bourque, Charles & Goulet,Marie Josee
5281 SW 23 TER
Dania Beach, FL
Code Inspector William Dubisky came forward and was sworn in. Officer
Dubisky stated that this was a violation of the Florida Building Code FBC
104.1 - an addition was made to the mobile home without a valid permit. A
permit application was made this afternoon (Dec 6, 2004). Chairman Bettor
asked if there was anyone present representing Charles Bourque and Marie
Goulet. Charles Bourque, 5281 SW 23 Ter, came forward and was sworn in.
He identified the photograph presented as that of his property. Mr. Bourque
stated that he had applied for the permit today and was waiting for the City to
approve his permit. Tim McLeod made a motion to adopt the findings of
fact that the violation does exist and that the respondent is given 60 days
or a fine of $50.00 per day. Judy Jenson seconded the motion and it
carried on the following roll call:
Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes
Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes
17. Case# 04-1083 Ralex Properties Inc
Dania Beach Code Board Summary Minutes 9 December 06,2004
17) #05-0017 Jose A Canoa
61 SW 12 ST
Dania Beach, Fl
Code Inspector Eric Baker, having been previously sworn in, came forward and presented
5 photos and a lease agreement, and gave the following testimony. This is a violation of
Chapter 28 Section 4.20, Schedule Use of Regulation; the building must be converted
back to original size. As of today, the owner has not attempted to bring the property into
compliance. There is a hot plate and refrigerator in the unit.
Chairman Bettor asked if there was anyone present representing Jose Canoa. Jose
Alexander, came forward and identified the photographs. It was on motion by Tim
McLeod, seconded by Jimmy Peterman to give the defendant 60 days to comply or a fine
of$150.00 per day would be levied. The motion carried on the following roll call:
David Nuby yes Tim McLeod yes Judy Jensen yes Jimmy Peterman yes
Terrell McCombs yes Judith Tulacro yes Richard Bettor yes
18) Request for Extension of Time - # 04-0975 - Charles Bourque/ Marie Goulet-
5281 SW 23 TERR
Code Inspector William Dubisky, having been previously sworn in came forward and
gave the following testimony. The property location is 5281 SW 23 Terrace and this was
first heard by the board on December 6, 2004 for 1 violation, an addition without permits,
60 days was given to comply and the compliance date was 2/21/05. They are asking for
an extension from that date. The owner did make an attempt to apply for permits but they
were denied.
Chairman Bettor asked if there was anyone present to represent Chales Bourque and
Marie Goulet. Charles Bourque came forward and was sworn in. Mr. Bourque stated his
architect will help him come into compliance. He requested 60-90 days. It was on motion
by Jimmy Peterman, seconded by Judy Jensen, to give the defendants 90 days from
2/21/05 to come into compliance. The motion carried on the following roll call:
David Nuby yes Tim McLeod yes Judy Jensen yes Jimmy Peterman yes
Terrell McCombs yes Judith Tulacro yes Richard Bettor yes
19) Request for Extension of Time - Carrig Associates - # 04-0654 - 2831
Ravenswood Road
Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated
this is a request for an extension. The case came before the board on 12/06/04 for 1
violation. The board issued an order giving the defendant 60 days to comply or a fine of
$70.00 would be levied. The compliance date was 2/21/05 and they are requesting an
extension from that date. They have since obtained a permit.
Dania Beach Code Board Summary Minutes 10 March 7,2005
Chairman Bettor asked if there was anyone present to represent Carrig Associates LLC.
William Murphy, 4300 North University Drive, came forward and was sworn in. Mr.
Murphy stated he is the manager of Carrig Associates and requested 60 days from
2/21/05. It was motion by Tim McLeod, seconded by Judy Jensen, to give the defendant
60 days from 2/21/05. The motion carried on the following roll call:
David Nuby yes Tim McLeod yes Judy Jensen yes ' Jimmy Peterman yes
Terrell McCombs yes Judith Tulacro yes Richard Bettor yes
20) Request for Dismissal-#03-5871 - M & Lucille Moore - 1221-31 NW 1 ST
Code Inspector, William Dubisky, having been previously sworn in, explained there is a
new owner on the property and he is requesting a dismissal.
It was on motion by Jimmy Peterman, seconded by Tim Mcleod to dismiss this case. The
motion carried on the following roll call:
David Nuby yes Tim McLeod yes Judy Jensen yes Jimmy Peterman yes
Terrell McCombs yes Judith Tulacro yes Richard Bettor yes
21)Request for extension of time 904-1375 Dania Auger
Chief Zoning/Code Inspector William Johnson, having been previously sworn in, came
forward and gave the following testimony. He stated the address is 645 S Federal Hwy.
This came before the board on 1/3/05 for a pole sign violation. The board issued an order
giving the defendant 60 days to comply or a fine of$50.00 per day would be levied. The
compliance date is 4/02/05 and they are requesting an extension from that date. They
applied for a variance that will be heard in the 60 days from 4/2/05. William Johnson
made it clear to the board the city did tell the respondent there was no need to be present
at the meeting.
It was on motion by Judy Jensen, seconded by Judith Tulacro, to grant a 60 day extension
from 4/02/05. The motion carried on the following roll call:
David Nuby yes Tim McLeod yes Judy Jensen yes Jimmy Peterman yes
Terrell McCombs yes Judith Tulacro yes Richard Bettor yes
22) Authorization to Foreclose - #02-3248 - Palm Beach Polo, Palm Beach holdings
Inc.
Board attorney Christopher Ryan stated that Tim Ryan spoke with the attorney for the
defendant and he requested a 30 day continuance. It was on motion by Judy Jensen,
seconded by Jimmy Peterman to grant the 30 day continuance. The motion carried on the
following roll call:
David Nuby—yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes
Dania Beach Code Board Summary Minutes 11 March 7,2005
David Nuby -yes Judy Jensen - yes Jimmy Peterman- yes
Terrell McCombs-yes Jay Hamilton- yes Richard Bettor—yes
16. Motion to Dismiss - Case # 03 — 5290 -Thomas & Donna Bryk-Vac. Lot E of
17 SE 10 Ter
17. Motion to Dismiss - Case # 04 — 1016 - Gueter Aurelian Enterprises Inc. -
4813 SW 44 Ter
18. Motion to Dismiss—Case # CEB01-0079-Richard Liberty -225 SW 6 Street
Tim Ryan, Esq. asked for dismissal of these three cases because there has been
change in the ownership and the new owners would be cited. Judy Jensen made
a motion to dismiss the cases. Jimmy Peterman seconded the motion and it
carried on the following roll call:
David Nuby - yes Judy Jensen- yes Jimmy Peterman - yes
Terrell McCombs-yes Jay Hamilton- yes Richard Bettor—yes
19. Motion to Confirm - Case#04 654 -Carrig Associates LLC-2831-
Ravenswood Road
Code Inspector Gary Phaneuf, having been previously sworn in, came forward
and stated that pursuant to the order of the board, corrective action was to be
taken on or before 4/22/05 and that reinspection of the property on 07/06/05 had
revealed that corrective action had not been taken and that the required inspection
did not pass. Chairman Bettor asked if there was anyone present to represent
Carrig Associates LLC. William Murphy, 4300 N University Drive, came
forward and was sworn in. He said that he is the Manager of the LLC and he got
the building permits and passed one of the inspections. They failed the other
inspection because they had to take the fence down and bring it back up to code.
He asked for a 30 day extension. Inspector Phaneuf said they had put up the
fence without a permit and that this had been going since 2004. Nothing has been
done about it despite the Inspector having spoken with owner. Jay Hamilton
made a motion to confirm fine as it is. Jimmy Peterman seconded the motion
and carried on the following roll call:
David Nuby - yes Judy Jensen- yes Jimmy Peterman- yes
Terrell McCombs-yes Jay Hamilton - yes Richard Bettor—yes
20. Request for Dismissal—Case 90 4-1119-Carolina Rodriguez-5180 SW 26 Ave
Code Inspector Gary Phaneuf, having been previously sworn in, came forward
and requested for a dismissal of this case because the property now has new
owners. Jay Jensen made a motion to dismiss the case and was seconded by
Jimmy Peterman. The motion carried on the following roll call:
Dania Beach Code Board Summary Minutes 10 July 6,2005
05
CITY OF DANIA BEACH
INTEROFFICE MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: William Johnson, Chief Zoning/Code Inspector / ^•
RE: Request for Abatement
Domenick Scotto/Lorenzo's Italian Restaurant
CEB99-0261
1121 S. Federal Highway
Dania Beach, FI
DATE: November 24, 1999
This property was cited on March 3, 1999 for 7 fire violations. They were given 30 days
to comply. The owner did not comply with three of the violations and was brought before
the Code Board on May 3, 1999. The Code Board issued an order giving them 120 days
to comply or a fine of $100.00 per violation per day would be imposed. The compliance
date was 9/09/99. They did not comply and the order was filed. The fine ran from
9/09/99 to 10/05/99, 25 days @ $300.00/day = $7,500.00, plus $100.00 recording fees
_ $7,600.00 owed.
After hearing testimony on November 8, 1999, the Code Board, by unanimous vote,
decided to recommend abatement to $750.00, to be paid within 30 days after
commission approval.
Please place this on the next City Commission Agenda.
Thank you.
WSJ/g
Attachments
AGENDA REQUEST FORM
CITY OF DANIA
Date: 11/24/99 Agenda Item#:
Title:
Requested Action: Request for Abatement of Code Enforcement lien—Dominic
Scotto/Lorenzos Italian Restaurant—1121 S. Federal Highway, Dania Beach—CEB99-0261
Consideration of the Abatement Request for Domenic Scotto/Lorenzos Italian Restaurant.
Summary Explanation & Background:
This property was cited on March 3, 1999 for seven fire violations. The owner was given 30 days
to comply. He did not comply with three of the violations and was brought before the Code Board
on March 3,1999. The Code Board issued a Final Order giving them 120 days from the date the
order was signed by the Chairman of the Code Board to comply or a fine of$100.00 per violation
per day would be levied. The order was signed on 5/10/98. The compliance date was 9/09/99.
The owner did not comply and the final order was filed to begin the fine effective 9/09/99. They
came into compliance on 10/05/99. The fine ran from 9/09/99 to 10/05/99 =25 days @
$300.00/day = $7,500.00 plus$100.00 recording fees = $7,600.00 owed.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending
abatement to $750.00.
(2) Copy of the Final Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 11/08/99 code board meeting.
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$750.00 within 30 days after approval
from the Commission.
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
Request for Abatement— CEB99-0261
RE: Domenick Scotto/Lorenzo's Italian Restaurant
1121 S. Federal Highway
Dania Beach, FI
DATE: November 24, 1999
The Code Enforcement Board originally heard this case on May 3, 1999 for three
violations. A Final Order was issued giving them 120 days to comply or a fine in the
amount of$100.00 per violation per day would be imposed. The original compliance
date was September 9, 1999. They did not comply and the order was filed. The fine ran
from 9/09/99 to 10/05/99 = 25 days @ $300/day = $7,500.00 plus $100.00 recording
fees = $7,600.00.
On November 8, 1999, the Code Enforcement Board, after hearing testimony, decided
by unanimous vote, to recommend an abatement to $750.00 to be paid within 30 days
after commission approval.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
ichard Bettor, Chairman
R B/g
OR BK 2M8 pG 0501
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # CEB99-0261
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
DOMENICK SCOTTO
LORENZOS ITALIAN RESTAURANT
DEFENDANTS
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on May 3, 1999, after notice. Upon
evidence presented by the Fire Marshal, Edward Tarmey, the Board finds that
a. The board has jurisdiction of the defendants and the subject matter of this action;
and
b. Defendants, Domenick Scotto/Lorenzos Italian Restaurant, did allow the
following code violations to exist at 1121 S. Federal Highway, Dania Beach, FL Which
property is legally described as: DIXIE WAY 12-4 B LOT 1 LESS W 7, LOT 2 LESS W
7, LOT 3 LESS W 7 & LESS PT WHICH IS INCLUDED IN EXTERNAL AREA FORMED
FINAL ORDER OR BK 2%08 P6 0502
CEB99-0261
PAGE 2
BY 15 RADIUS ARC TANGENT TO S/L OF LOT 3 & TANGENT TO LINE 7 E OF &
PARA TO W/L OF SAID LOT, LOTS 4 THRU 8 BLK 1 ( # 1203-24-0010):
1. N. F. P. A. 96, Chapter 2, Sec. 2-1.2, Construction. Failure to weld tight or seal
all exhaust hood penetrations.
2. N. F. P. A. 17, Chapter 9, Sec. 9-5, Hydrostatic Testing. Failure to have the 12
year hydrostatic pressure testing done on the 30 lb. dry chemical container.
3. N. F. P. A. 17, Chapter 9, Sec. 9-3.2(g), Maintenance. Failure to replace or repair
the kitchen hood fire suppression system.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendants, Domenick Scotto/Lorenzos Italian Restaurant:
(a) have been found to be in violation of the above described code sections listed in
paragraphs (1) and (2) and (3). A fine of $100.00 per violation, per day, will be
imposed 120 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, Domenick
Scotto/Lorenzos Italian Restaurant, for the foregoing violations listed in paragraphs (1)
(2) and (3), a fine of $100.00 per violation, per day, to be imposed 120 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 filed/recorded as a lien, a charge of $55 will be
imposed. In the event a Lien satisfaction has to be prepared, a charge of $45 will be
imposed. ORDERED at Dania Beach, Broward County, Florida, this 3rd day of May,
1999.
Return to: Mane Jabalee, city clerk/Auditor
100 W. Dania Beach Blvd.
Dania. FL 33004
' FINAL ORDER CEB99-0261 OR BK 29908 P6 0503
PAGE 3
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:
Beulah Lair, Vice Chairperson
Date signed:
Sworn and subscribed before me this
_D day of 1999.
NOT RY PUBLI STATE OF FLORIDA
Beulah Lair is personally known to me.
OFROAL NOTARY LE&
O1Pgr PVe S
GLOM d aRmo
CCOAMMSM NUMM
CC82BM
MY oM MOSION DOM
OF fl-d MAY 10.2003
Return to: Marie Jabalee, City Clerk/Auditor
100 W. Dania Beach Blvd.
Dania. FL 33004
FINAL ORDER OR BK 29908 PG 0504
CEB99-0261
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the
Defendants, Domenick Scotto/Lorenzos Italian Restaurant, this _ 1( day of
1999.
CERTIFIED MAIL Z 424 985 982
COD ENFORCEMENT BOARD CLERK
APPROVEB AS TO FORM AND CORRECTNESS
TIM RYAl',10 SPECIAL Cl ATTORNEY
Return to: Marie Jabalee, city clerk/Auditor
100 W. Dania Beach Blvd.
Dania, FL 33004
City of Dania Fire Rescue
Bureau of Fire Prevention
100 West Dania Beach Blvd. From Be Desk of
Dania, FL 33004 Lt. Edward Fanney
(954) 921-8700 Ext. 260 Fire Marshai
Lorenzos Italian Restaurant March 3, 1999
Mr. Dominic Scotta
1121 S. Federal Hwy. vi, I
Dania, Florida 33004
RE: Lorenzos Italian Restaurant
Dear Building/Business Owner,
A Fire Safety Inspection has been conducted at the above referenced building or business in
accordance with any or all of the following: City of Dania Code of Ordinances, the South Florida
Building Code, State of Florida Fire Marshal's Rules, and the Life Safety Code N.F.P.A. 101.
The property as referenced above is currently in violation of:
LSC 101 Chapter 5, sec. 5-9.1- Emergency Lighting_- Every public space, hallway, stairway
and other means of egress shall have illumination.
Remedy -.Repair all malfunctioning and inoperative emergency lighting which provides the
illumination of the means of egress.
NFPA 10 Chapter 4. sec. 4-1.3 — Maintenance -The owner or designated agent of a property
in which fire extinguishers are located shall be responsible for inspection, testing and
maintenance.
Remedy - The fire extinguisher located in the waitress station is discharged and requires
servicing by a licensed fire extinguisher company.
N.F.P.A. 96 Chapter 2, section 2-1.2 — Construction - All exhaust hood penetrations shall be
sealed by devices listed for such use.
Remedy - All exhaust hood penetrations shall be welded tight or sealed with a device listed for
such use.
N.F.P.A. 96 Chapter 7, section 7-3.1.1 — Operating Requirements - A readily accessible
means of manual activation of the fire extinguishing system shall be provided in a
path of exit or egress.
Remedy - Relocate manual activation device for the kitchen fire suppression system in the
natural path of egress near a kitchen exit. Clearly identify the manual activation
device.
N.F.P.A 17 Chapter 7 section 7-3.1 — Restaurant Hood, Duct, and Cooking Appliances —A
fusible link or heat detector shall be provided above each cooking appliance
protected by a single nozzle.
Remedy - Provide fusible links as required and recommended by a person so licensed in this
discipline.
N.F.P.A 17 Chapter 9, section 9-5 - Hydrostatic testing - Hydrostatic testing of dry chemical
containers shall be done at intervals not to exceed 12 years.
Remedy - The 30 LB dry chemical container must have the 12-year hydrostatic pressure testing
done.
N.F.P.A. 17, Chapter 9, section 9-3.1 (q) - Maintenance — Where the maintenance of the
system reveals defective parts that could cause an impairment or a failure of proper
operation of the system, the affected parts shall be replaced or repaired in
accordance with the manufacturer's recommendations.
Remedy — The hood inspection report, forwarded to this office,indicates that the kitchen hood
fire suppression system is in an extreme state of disrepair and requires replacement.
Extensive repair or replacement of the system is required.
By order of the Fire Marshal, immediate action must be taken to correct all of the code violations
cited in the inspection report. It is imperative that your building/business be in compliance with
the currently adopted codes and standards.
Voluntary compliance is our goal. However, failure to comply within the prescribed
time frame will result in future Code Enforcement action and additional fire inspection fees.
Please contact this office to schedule a re-inspection when all corrective measures are
complete. If you do not contact this office, an automatic re-inspection will take place at your
building/business in approximately Thirty days.
Should you have any questions regarding this inspection or about any necessary corrective
measures, please contact me.
Sincerely,
LT. EDWARD TARMEY Cert. Mail: Z 241 678 075
Fire Marshal
Commission at this time. It was on motion of Tim McCleod, seconded by
Beulah Lair to accept counsel's recommendation. The motion carried on
the following roll call:
William Sargent — yes Richard Bettor — yes Judy Jensen — yes
Beulah Lair — yes Pat Flury — yes Jimmy Peterman — yes
Tim McCleod — yes
4. Request for Abatement— CEB99-0266 — Kathryn and Lawrence Fritz
— 4750 S. W. 27 Avenue.
Inspector William Dubisky came forward and was sworn in. He stated this
was first heard by the board on June 7, 1999 for two violations. They
were given 30 days to comply thereafter a fine of $50.00 per day would
be imposed,. Their compliance date was 7/25/99 and they did not comply.
The order was filed effective that date. The order was confirmed on
10/11/99 by the Code Board. The property came into compliance on
October 19, 1999. The fine ran from 7/25/99 to 10/19/99, 55 days @
$50.00/day = $2,750.00 plus $100.00 recording fees = $2,850.00 owed.
He said when the case was heard there was a dispute as to where the
property line was. They provided a survey showing part of the property
the City was holding them responsible for cleaning is not theirs. They
removed all of the debris from the property on October 19, 1999. Mr.
Bettor asked if there was any one present representing Kathryn and
Lawrence Fritz. Mr. Paul Boulahanis, brother of Kathryn Fritz, came
forward and was sworn in. Mr. Boulahanis said they had no notice of this
because his sister is in Chicago having chemotherapy. The person
staying in the house kept sending back the letters. He said when the City
sent the letter saying there was going to be a fine, the person staying in
the house notified him. He said that same day he came in and told Code
Enforcement he would take care of everything. He paid for a survey to
prove the land was not his and asked that the fine be dismissed. Mr.
Peterman asked if the property was in violation. Mr. Dubisky said the
property was in violation until October 19, 1999. It was on motion of
Beulah Lair, seconded by Pat Flury, to recommend an abatement to
$300.00 to the Commission. The motion carried on the following roll call:
William Sargent — yes Richard Bettor — yes Judy Jensen — yes
Beulah Lair— yes Pat Flury — yes Jimmy Peterman - yes
Tim McCleod — yes
5. Request for Abatement— CEB99-0261 — Domenick Scotto/Lorenzo's
Italian Restaurant — 1121 S. Federal Highway.
William Johnson came forward and stated this case was first heard by the
board on 5/03/99 for three violations. They were given 120 days to
DANIA BEACH CODE ENFORCEMENT BOARD 2 NOVEMBER 8, 1999
comply thereafter a fine of $100.00 per violation per day would be
imposed. The compliance date was 9/09/99. They did not comply and the
order was filed. They came into compliance on 10/05/99. The fine ran
from 9/09/99 to 10/05/99, 25 days @ $300.00 per day = $7.500.00, plus
3100.00 recording fees - $7,600.00 owed. Fire Marshal, Ed Tarmey,
came forward and was sworn in. Mr. Tarmey said Mr. Scotto was first
cited by him on 3/03/99 and was given 30 days to comply with a specific
list of violations. He complied with all but three and the case was heard
by the Code Board on 5103/99. The Board gave him 120 days to comply
thereafter a fine of $100.00 per violation per day. As of the compliance
date, 9/09/99 he had not complied. He obtained permits and submitted
plans for correction on 10/05/99. Mr. Bettor asked if there was any one
present representing Domenick Scotto o Lorenzo's Restaurant. Mr,
Michael Scotto came forward and was sworn in. Mr. Scotto said Mr.
Tarmey asked him if he felt he could get the job done sooner. Mr. Scotto
said at the time he thought he could. He did not know the company he
hired would take so long. There was a fire where a lot of propane tanks
went up and no permits were being reviewed. The permit got held up.
Mr. Scotto said he did not know if it was his contractor's fault or whatever.
Mr. Tarmey called him and told him compliance was due. Mr. Scotto said
he called his contractor several times and they finally got it done. Pat
Flury asked if the propane tank fire Mr. Scotto referred to was in his place
of business. Mr. Tarmey said no, it was irrelevant to this issue. It was on
motion of Jimmy Peterman, seconded by Tim McCleod, to recommend
abatement to $750.00 to the commission. The motion carried on the
following roll call:
William Sargent — yes Richard Bettor — yes Judy Jensen — yes
Beulah Lair— yes Pat Flury — yes Jimmy Peterman — yes
Tim McCleod — yes
6. Request for Abatement— CEB99-0217 — Sebastian Valetti — 4483
Treasure Cove Drive.
Mr. Dubisky came forward and stated this was originally heard by the
Code Board on February 1, 1999 for one violation. Mr. Valetti was given
30 days to comply thereafter a fine of $25.00 per day would be imposed.
Mr. Valetti requested a 90-day extension at the March 151 meeting
because there was a problem with the ownership of the property. The
board granted a 60-day extension and the new compliance date was
5/18/99. He came back before the board on 6/07/99 for a hearing to
confirm fine and the problems remained unresolved. A 60-day
continuance was granted. The fine was confirmed on 8/2/99 for the
period 5/18/99 to 7/13/99, 55 days @ $25.00/day = $1,375.00 plus
$100.00 recording fees - $1 ,475.00 owed. Mr. Bettor asked if there was
any one present representing Sebastian Valetti. Mr. Sebastian Valetti
DANIA BEACH CODE ENFORCEMENT BOARD 3 NOVEMBER 8, 1999