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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 LU a v W U) Y w` O .,`` W, m. J M W C; a �. F= z WOf ur Y o 0 J p O o z W W Q, J 2 F- � N O r , uj H O O o r m > o ' W :: y LLo a LO fn C (M O i N `N: C E 3 co W N v) muj `- Z o C N M Nc O v r d 7 N O O p _0 N O _ E o ' .>' J Q '-(6 uj Z m o C s N (D - -o, p J" �t p v." E} U) W cn of ,. o Cl) d W LL J 0 N �'X M N Q A— U) LO = o W J Q o ,a) -m o (n to ~ L' = w' NO '- N O` Q J Q �"{ o 0 t j ,••��� � ao0Q ~ rn ca Q r U > U Q' m cn Ca. C: (6 a) 3 (n CD � � � N 0- �- fa �_ c "� 0 mp N O W 'a O" � W 0LL Broward County Property Appraiser's Network Page 1 of 1 LORIZIPARRISH RIJ 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 U� FC) A . 5 �� L4 r 0 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 tirowara county rroperty Appraiser's Network Page 1 of 1 ARR SH 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 . E l N J 'a ID -0Oi— -z N' O rp l ° ° Co 0 a� y E p a a O m v a � (D m - > v n o c 6 Z. Vj S y N c inb�0 ❑ co cc I � m U -. (D .� o .a) > Q, i V Lr) _ G� 0 O. V2 o��of +r m m U) NY'E v CO N LD U O �. Q1 a O •C a Ld iJ.' 0 r'-q N i .N •O 7 ¢�.-� ru CO E' -E m ro c D U) Ci : tC U U U N Q ai 3 o v Lf� r 7 E f� 00 m - M o t ¢ CS +� z av >_ror .m . E E c c�v o 1 , E U 'CL u) o ¢ a u° ® ® ® N �n f z v s I r s t+ a" LOt #99 - N of 684 SW 7 Terrace - Folio #1203 35 0140 - 7/12/05 ky I V t r � s" LOt #99 - N of 684 SW 7 Terrace - Folio #1203 35 0140 - 7/12/05 i F h ,.r zK` �. y.� `�. y�� �� ;�� x��e.�3't `�� �53.�..q��n ��`s�j��`�� �.��k � ��� . ��+����z ss -" �y r"• s v v a � qq :.�.• l"'�r" .�rE- .. '�°6T�� 7�3. '�-• 'ys«xat�,�i'a c"'�s &r x �wsa� rr sYw "Fw' ,. p 3x it A I a ya F. a LOt #99 - N of 684 SW 7 Terrace - Folio #1203 35 0140 - 7/12/05 a r ✓ :� a� r"�OVA e +a"T` e 7 x "1 a f 6- LOt #99 - N of 684 SW 7 Terrace - Folio #1203 35 0140 - 7/12/05 r f ros 3 w, a. 5 gad t'' ,� �✓ id'' �`"�" st '� v� t r,rfi,,�- a � ' +sr" �`�'., v *r r2� F 3 S LOt#99 - N of 684 SW 7 Terrace - Folio #1203 35 0140 - 7/12/05 Broward County Property Appraiser's Network Page 1 of 1 LORI PARRISH AM 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 R� ' your new amount. 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 i 1 (W(� V L N I+ `. • C N m U N Q Q O Z cl. c` mca (U a a) oN 70 E : a a) p z 2v u� ¢ o to ❑ ❑ ❑ CL �`• a N.� 7 ` N N CL cc CD N .. C-0)� ❑ ❑ M. - r- Ln cr rr o Ir ., a co E o "m 0 o w-o E U y-'0 C o*' Q N c'�'acpp7 p w V'1 C!1 N1 Cl) �' �'N�U U ,M-i rMi O O �. o >vr a-a r-1 N � CCa o Cr 0 N a Co. O O N4 ('1"I O O Q -O N_U N �.Uw O ^ C3 N ro ro C- N '-' a � 'CY-rl p LL i mC N U 0 O . .U� 0 �:� Q O � � Q coI aC O Q Q ®' EEc cc* 00 u 0 d t .-C 0 i . O 0 cn .. � - Q . & » o . ^ % \ � $ \ Q . � ' 9 ` fA # aMOV ° / E r@ \ Q } / \ ' . • �` � E� Q® ! 2 O 3 R m $| U a w `� # «0 J me d\ / 2fiES ET69 §OOO OTOT EOOL # �~ 2 / } j\ \ � i �$| \ E . \ . 5 �IlN 2\ k � ƒ . . Q U rm p \ \ / � 0 4 q ® _ ® x � 4 . SELEMENIMENO _ x C k O m Z� E . .E � U � Saol§q o§gnd jo luaw:peda(l V a€, ":�v �.�1 #y�y��1, z *r> i�.'bTft7:w'� °'� 3+�`i�•7:,fir. s�"'�st n �a°a.�c��x �� � ,� c s �' � r�� r ✓ � � � '� adz 3 �' F�� e}*: Y✓bfi era ✓ k� ",�L E} � ��."�.. �7#"�?�a' �T•�'� �� �r ✓,��d �� :�i�a�a r.��d � ��sk�' a��, �'r �.z1 v f b 's ��' 'zr ✓ y ra .i -5 a k3 c ryi v1AMIM 1 3 �✓ k' �a ✓�a'`r ,g 6 a� oaf, Y� SPA � / � 3 � % a W�� f�•• � d ,m & a' .a rs � g s k Lot #99 - N of 684 SW 7 Ter - 1203 35 0140 - 6/20/05 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. L4 n '7 p '# , n� SIVdCO:(Y'' 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 r 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. FAV/cft n a N LL N N `coo •• me,µ._..................�..___� 7003 1010 0004 8922 <�'• � .D � C am a e rii 9 tli m lbw 0L7 C Inj' ( ` I:'- 00 ro Er a n xq N .k=" -• �l V\ a O: -" v CD � C3 U M n 00 N 't ,l�4 pp i ci CJ � x �,V 26 kn ju- -17 L F N O M m r. i m Of CU G Q. tv C � CL 03: .C= C) 0 i �4 1 U I m m > c CL . cts m v 6.0 �� Q z } = ❑ ❑ co ❑❑ a N T n ci EJro '� O oa C N ro ti CD ax I c: v W cc O @ E ❑0❑ a QL coN T N ; CO N Q —x d Q' E . e Q m _ 0 pj E N N ru cc t N c N m W U � � 0 i > a M E o � � � p ® o U L_ TE U C3 _ y Q N cn O 'O �._ F-� M r=1 � co v N M �O N 0'd .t, caCL M O7 (D03Y Q' CFI cad gv � C.)i c E E c o m o y o " cn U=dwQo ¢ C� d 9 x , p MGM � a � ,P=¢, „'.11"} �yts I if n �'l i 4ytlF�' '°R,I..Qa Fad��i t 'dl Y"�3 jlt 2 +R .� i1n��1iL�J�� � .� ��`�i ��a"1��� �h�.A 4A'`4 y}�< �.��I�Tve`�`t"`�a�E.b '� ���{. � w,� ✓ ,; �" v� Y FSn $wf Ty' ahh4§ " ` �'1 #h:{'' , �ysa ,c`y€S',� ky' ¢'s "'A w\ �'�{,°�h�, > w 5a�"4 e4k."Y'4"' r -YWQ 4� ' 1 rb ` �a t �,kr." �Y�S ��1k i PSG4 t XS n ftr G a e a r r G x ° C a r) ..ti', �r� p' R`� fss y g�`• C' e•' ��.'�f'i`#�yr�¢�,a, ,� ��.�s;:: �a e�'"�'�� '`�/' '�. 'w. r k"V'N th D N A#�lk ra r a r ar ka Xyc f Y c to r't a V eye � r,,, s�•?E` S 9ta�� � � ;(� ;'i ,�a E t' � � z s�' � �6' `a">\ � � - `��% ram. r � 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