Loading...
HomeMy WebLinkAbout2005-01-20 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 20, 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 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 Davidson Forgues, for abatement of Case #CEBO1-0141, for property located at 1476 W. Dixie Highway (Folio #1203-00-0610) (Continued from November I8, 2004) 3.2 Request by Virgilio & Carmen Nicodivi, for abatement of Case #03-5738, for property located at 5731 SW 24`h Avenue (Folio #0232-19-0081) 3.3 Request by Jean S. Maurice, for abatement of Case #0-2113, for property located at 271 SW Bch Street (Folio #1203-41-0150) 3.4 Request by Lori N. Williams, for abatement of Case #03-4711, for property located at 5169 SW 281h Terrace (Folio #0232-10-0170) 3.5 Request by Exclusive Millwork, Inc., for abatement of Case #0-1926, for property located at 3277 SE 141h Avenue(Folio #0223-00-0353) 4. DISCUSSION OF SPECIAL MASTER 5. ADJOURNMENT ADDENDA TO AGENDA DANIA BEACH CITY COMMISSION ABATEMEMT HEARING THURSDAY, JANUARY 20, 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 TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD., DANIA BEACH,FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 3. ABATEMENT REQUESTS 3.6 Request by Jerry Fowler, for Partial Release of Lien for Cases #'s CEB94-0111 and CE1393-0154, for property located at 801 NW 121h Avenue (Folio #0233-00-0012) 3.7 Discussion on the Estate of Robert Grace (represented by James Grace) for property located at 215 NW 5th Avenue (Folio #0234-01-4310) Attorney Ryan remarked the permit was stamped from Dania in March 2004. The property was initially cited in January 2003. There is an approval from the County on September 18, 2001, which is strange because the property was annexed into the City on September 15, 2001. The zoning allows for the installation of a driveway, but there was no permit for the driveway. He remarked the applicant did make application to the County but there are no County approvals. The defendant did not follow up and get City approvals until after the fact. City Attorney Ansbro recalled when we did the annexation we entered into an agreement with the County for the transition. If an application was submitted before the annexation took place, the County was supposed to conclude what it started. He does not want to see someone punished for something that was not their fault. The City should not have finished the work. Mr. Leeds remarked it does not appear as though he applied to the County, but the property is in compliance. Attorney Ansbro clarified that he could not have obtained a permit from the City, even though the City was telling him he needed a permit from the City. He does not want to see him punished for the confusion. Commissioner Flury motioned to abate the fine to $500, with payment to be made within sixty days. Mayor McElyea passed the gavel to Commissioner Chunn and seconded the motion. Commissioner Chunn wanted the record to reflect that he would like the fine abated to zero. The motion carried on the following 2-1 Roll Call vote: Commissioner Chunn No Mayor McElyea Yes Commissioner Flury Yes Addendum 3.4 Request by David Forgues, for abatement of Case #CEBO1-0141, for property located at 1476 S. Dixie Highway(Folio #1203-00-0610) Attorney Ryan advised the property has used tires and the owner was cited on a recurring violation. The fine ran for thirty days for a $7,600 lien for failure to remove inoperable and unlicensed vehicles, failure to remove equipment and other materials stored on the property, and failure to repair or replace the fence. The Code Board recommended abatement to $3,000, and the Commission concurred with the time frame that passed. Mr. Forgues was not present for this case. Commissioner Flury motioned to continue the request until January 20, 2005, at 6:00 p.m.; seconded by Commissioner Chunn. The motion carried on the following 3-0 Roll Call vote: Minutes of Abatement Hearing 5 Dania Beach City Commission November 18,2004—6:00 p.m. CITY OF DANIA BEACH INTEROFFICE MEMORANDUM TO: City of Dania Beach Commission FROM: William S. Johnson, Chief Zoning/Code Inspector RE: Request for Abatement ' Davidson Forgues CEBO1-0141 1476 W. Dixie Highway DATE: November 10, 2004 The above request was heard by the code enforcement board on October 16, 2001 and the board recommended abating the fine to $3,000.00. The commission heard the request on November 13, 2001 and upheld the recommendation, giving Mr. Forgues six months to pay the $3,000.00. Mr. Forgues did not pay the fine and it reverted back to the original amount of$7,600.00. Mr. Forgues is asking for a reconsideration of the fine amount. WSJ/gjb CITY OF DANIA BEACH INTEROFFICE MEMORANDUM TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director, Growth Management Department FROM: William Johnson, Chief Zoning/Code InspectorA,4. A. /Az------ RE: Request for Abatement Davidson Forgues CEB01-0141 1476 W. Dixie Highway Dania Beach, FL DATE: October 23, 2001 On October 16, 2001, a Request for Abatement was heard by the Code Enforcement Board on the above referenced property. am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history on this property. The Code Board recommended abatement to $3,000.00 Please place this on the next City Commission Agenda. Thank you. WSJ/b Attachments F , AGENDA REQUEST FORM CITY OF DANIA Date: 10/23/01 Agenda Item#: Title: Request for Abatement Requested Action: Request for Abatement of Code Enforcement lien —Davidson Forgues— 1476 W. Dania Beach Blvd., Dania Beach —CEB01-0141 Consideration of the Abatement Request for Davidson Forgues. Summary Explanation & Background: This property was cited on July 16, 2001 for three repeat violations. The owner, Davidson Forgues, was to bring the property into compliance immediately. The owner did not comply with the violations and the case was brought before the Code Board on August 6, 2001. The violations were of Chapter 14, Section 14-2, failure to remove all inoperative and unlicensed vehicles, trailers, and vessels from the property; Chapter 28, Zoning, Section 4.20, Zoning Use Regulations, failure to remove all vehicles, tires, equipment, and all other materials from the property; and Chapter 8, Section 8-22(a)(2), failure to repair or replace fence which is in disrepair and falling down. The Code Board issued an Order fining the defendant$250.00 per day beginning on July 16, 2001, the day the inspector discovered the repeat violations. Davidson Forgues brought the property into compliance on August 15, 2001. The fine ran from 7/16/01 to 8/15/01, 30 days @ $250.00/day = $7,500.00 plus $100.00 recording fees = $7,600.00 owed. The Code Board is recommending abatement to $3,000.00 Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $3,000.00. (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 8/6/01 and 10/16/01 code board meetings. Purchasing Approval: Prepared By: Beth Dagnon, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abatement to $3,000.00 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 — CEB01-0141 RE: Davidson Forgues 1476 W. Dixie Highway Dania Beach, FL DATE: October 23, 2001 The Code Enforcement Board originally heard this case on August 6, 2001 as a repeat violator. A Final Order was issued fining him $250.00 per day beginning on July 16, 2001. The property came into complete compliance on August 15, 2001 . The fine ran from 7/16/01 to 8/15/01= 30 days @ $250.00/day = $7,600.00 plus $100.00 recording fees = $7,600.00 owed. The Code Enforcement Board, after hearing testimony on October 16, 2001, decided by unanimous vote, to abate the fine to $3,000.00 CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairman RB/bd © s FLORIDA Davidson Forgues .- 1476 S Dixie Hwy Dania Beach, FL 33004 Case#1234 DATE: -7 1 1 G 101 PROPERTY ADDRESS: 447b �,k) You are notified that you are presently in violation of the following Code of Ordinances, City of Dania Beach, Florida: A L T r Ll/r L n c & S Vc�C� —22 /Q 1!2_) /�.1� �11 a.l ll.c,. iiAr ,A The above listed violation(s) is a repeat violation, as defined in Florida Statute 162.04(5). You must bring the violation(s) into compliance immediately and call for a reinspection. Pursuant to Florida Statute 162.06(3), your case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the Board hearing the case. You will receive notice of the date and time for your hearing before the Code Enforcement Board on the above-listed repeat violation(s). If you require further information or have any questions about the above violation, please do not hesitate to contact me. Code Inspector I 924- (a y C1 I certify that an original hereof was furnished to the above named addressee by Certified mail # r7c)qq �N0a 0010 q_�51 Z 30c! "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.tl.us INSTR # 101761545 OR BK 32887 PG 0586 PREPARED BY: kEL1�kBEl► 03/14/%'fKt2 iu::s4 TIMOTHY M. RYAN, ESQ. 1*111 111) 0 Special City Attorney MUM COMY City of Dania Beach *k PUFY LII-RK 6(k) 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 28 day of February, 2002 CITY OF DANIA BEACH f DAVID E. KELLER Finance Director File: CEB 01-0141 FINAL ORDER OR BK 32887 PG 0587 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0141 municipal corporation PLAINTIFF, FINAL ORDER vs. DAVIDSON FORGUES DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on August 6, 2001, 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, Davidson Forgues, did allow the following code violations to exist at property defendant owns located at 1476 W. Dixie Highway, Dania Beach, Florida, which property is legally described as: 3-51-42 S 150 OF N 165 OF E1/2 OF SW1/4 OF SW1/4 OF SW1/4 W OF CO RD (# 1203 00 0610): 1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove all inoperative and unlicensed vehicles, trailers, and vessels from the property. FINAL ORDER OR BK 32887 PG 0588 CEB01-0141 PAGE 2 2. Chapter 28, Zoning, Section 4.20, Zoning Use Regulations. Failure to remove all vehicles, tires, equipment and all other materials from the property. Outside storage is not a permitted use in a Commercial (C-3) Zoned District. 3. Chapter 8, Section 8-22(a)(2). Minimum Standards for commercial, industrial and institutional structures. Maintenance of exterior premises. Failure to repair or replace fence which is in disrepair and falling down. 4. Defendant was previously found to be in violation of the code sections listed in paragraphs (b.(1) through b.(3) by this board's Order dated November 20, 2000. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Davidson Forgues: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(3). A fine of $250.00 per day will begin running on July 16, 2001. The City of Dania Beach shall have and recover from defendant, Davidson Forgues, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of $250.00 per day, beginning July 16 2001. The fine shall continue until said violations come into compliance with said sections 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 in violation and upon any other real or 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 6 day of 12001. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By:�A//YV////1, Richard Bettor, Chairperson Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL. ORDER OR BK 32887 PG 0589 CEB01-0141 PAGE 3 Sworn and subscribed before me this j I day of 2001. NOTA Y PUBLIC, TATE OF FLORIDA Richard Bettor is personally known to me. �PgY P&B CMCLAL GLOOR ANOTARY j a A M 2 ��C r x COMMISSION NUMBER CC826490 MY COMMISSION EXPIRES OF F`O�O MAY102003 Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach,FL 33004 FINAL ORDER OR BK 32887 288i Lit I 0590 CEB01-0141 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Davidson Forgues, this _day of c '. . 2001. CERTIFIED MAIL 7001 0360 0002 7730 7427 CODff ENFORCEMENT BOARD CLERK APPROVED TO FORWAND CORRECTNESS TIM RYAN,iSPECIAL CITY A ORNEY Also sent first class mail Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 INSTR # 101761546 OR BK 32887 PG 0591 PREPARED BY: 6(ilUAll 03/14/2(U2 10:34 W TIMOTHY M. RYAN, ESQ. 0"1:351tW Special City Attorney HE,'WRD UMY City of Dania Beach MrY LIM 00) 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: DAVID E. KELLER Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 28 day of February, 2002 CITY OF DANIA BEACH By: DAVID E. KELLER _ Finance Director File: CEB 01-0141 SUPP.ORDER/CLAIM OF LIEN OR BK 32887 PG 0592 I i CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB01-0141 municipal corporation Plaintiff, FINAL ORDER VS. DAVIDSON FORGUES, 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 141" day of January, 2002, and based on the evidence, the Board enters the following findings of fact and order: 1 . That the Board did issue on the 21't day of August, 2001, a Final Order in the above captioned case which found Defendant, DAVIDSON FORGUES, committed the recurring violations specified in said Final Order and a violation existed until August 15, 2001 . 2 . That said violations occurred on property located at 14-76 OR BK 32887 PG 0593 West Dixie Highway, Dania Beach, Florida which property is legally described as: 3-51-42 S 150 OF N 165 OF E1/2 OF SW1/4 OF SW1/4 OF SW1/4 W CO RD (#1203 00 0610) 3 . That the fine accrued from July 16, 2001, to August 15, 2001, at a rate of $250 per day for a total fine of $7, 500 plus a $100 administrative and recording fee. 4 . That Defendant came before this Board on a request for abatement on October 16, 2001, and the Board recommended the total fine of $7, 600 be abated to $3, 000 . That Defendant then appeared before the Dania Beach City Commission on November 13, 2001, and the City Commission abated the $7, 600 fine to $3, 000 and granted Defendant six months from its order on November 13, 2001, in order to make the $3, 000 payment to the City of Dania Beach. 5 . It is the order of this Board that the $3, 000 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 said Defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this �e Grua rZ/ day of Ta-p-u , 2002 . DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairman 2 OR 8K 32887 PG 0594 Sworn to and subscribed before me this -4-- day of 2002 by Richard Bettor, who is personally known to me. Not y PubliU State of Florida 1Pav PUS` G GLOR BRANDIES OYs��} N � }� � COMMISSION NUMBER - CC828490 9/ �� MY COMMISSION EXPIRES FOF VAC MAY 10,2003 c 3 OR BK 32887 PG 0595 Supplemental Order CEB01-0141 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, DAVIDSON FORGUES, this 4 day of ��� 2002 . CERTIFIED MAIL # 7001 0360 0000 4108 2482 COD ENFORCE NT BOARD CLERK AP1V TO FORM AND CORRECTNESS TIMOTHY RYAN, SPEC AL CITY ATTORNEY 4 William Sargent—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes 9. CEBO1-0137 Jeffrey L. Friel 243 SW 8 Street Dania Beach, FL 33004 Code Inspector William Dubisky came forward and was sworn in. Mr. Dubisky said notice was obtained by Certified Mail, regular mail, and by posting the property; the Affidavit of Service is on file. Mr. Dubisky said this is a violation of Chapter 28, Zoning, Section 4.20, Zoning Use Regulations, Outside storage and shipping containers are not permitted in an RD-6000 Residential Zoned district and of Chapter 13, Section 13-23, Public Nuisance, grass and weeds must be cut and trash must be removed from the property, including the area adjacent to the alley. As of today, the property is still in violation of Chapter 28, Zoning, the storage container has not been removed and of Chapter 13, weeds along the fence in the alley require cutting or removal. Two photos were given to the Board. Mr. Dubisky said his first contact with the property was on May 1, 2001. Jeffrey Friel, 243 SW 8 Street, came forward and was sworn in. Mr. Friel identified the photos as being of his property. Mr. Friel gave testimony about the violations. It was on motion of Peggy Breeschoten, seconded by Judy Jensen, to adopt the findings of fact by Code Inspector William Dubisky, move the violations exist as charged, move the violator be given 120 days to comply or fine of $50.00 per day. The motion carried on the following roll call: William Sargent—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes 10. CEBO1-0141 Davidson Forgues 1476 W Dixie Highway Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said notice was obtained by Certified Mail, regular mail, and by posting the property; the Affidavit of Service is on file. Mr. Dubisky said this is a repeat notice. Mr. Dubisky said this is a violation of Chapter 14, Section 14-2, Junked and Abandoned Vehicles; Chapter 28, Zoning, Section 4.20, Zoning Use Regulations, outside storage of vehicles, tires, and equipment and all other materials is not a permitted use in a commercial C-3 zoned district; and a violation of Chapter 8, Section 8-22(a)(2), Minimum Standards, fence must be maintained in a good state of repair. As of today, the property is still in violation of Chapter 14, the vehicles have not been removed; Chapter 28, Zoning, material and parts remain on the property; and of Chapter 8, the fence remains damaged. Mr. Dubisky said this case went to the Code Board on 11/02/00 and the defendant Dania Beach Code Enforcement Board Minutes 4 August G,2001 was given 60 days to bring the property into compliance. Mr. Dubisky gave additional testimony about the situation. Mr. Dubisky said the violations reoccurred on July 16, 2001. Eleven photos were given to the Board. Davidson Forgues, 1476 S. Dixie Highway, came forward and was sworn in. Mr. Forgues identified the photos as being of the property. Mr. Forgues gave testimony about the violations. Inspector Dubisky and Attorney Tim Ryan gave further testimony about the case. It was on motion of Beulah Lair, seconded by Peggy Breeschoten, that the violations exist and to impose a fine of $250.00 per day from 7/16/01. The motion carried on the following roll call: William Sargent—yes Judy Jensen—yes Jimmy Peterman—no Gary Luedtke—yes Peggy Breeschoten—yes Beulah Lair—yes Richard Bettor—yes 11. CEBO1-0134 Vincent Ireland 257 SW 4 Street Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward. Mr. Johnson said notice was not obtained by Certified Mail, but notice was sent first class mail and the property was posted; the Affidavit of Service is on file. Mr. Johnson said this is a violation of Chapter 15, Section 15-1, Occupational Licenses. Mr. Johnson said the property is a duplex and the owner has not obtained an occupational license. Mr. Johnson said the first contact with the property was on June 27, 2001. Vincent Ireland, 257 SW 4 Street, came forward and was sworn in. Mr. Ireland gave testimony about the violation. It was on motion of Beulah Lair, seconded by Gary Luedtke, to adopt the findings of fact by Chief Code Inspector William Johnson, move the violation exists as charged, move the violator be given 60 days to comply or fine of $100.00 per day. The motion carried on the following roll call: William Sargent—yes Judy Jensen—no Jimmy Peterman—no Gary Luedtke—yes Peggy Breeschoten—no Beulah Lair—yes Richard Bettor—yes 12. CEB01-0142 Vincent Ireland 257 SW 4 Street Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said notice was not obtained by Certified Mail, but notice was sent first class mail and the property was posted; the Affidavit of Service is on file. Mr. Dubisky said this is a repeat notice for SFBC 301(a) and a regular hearing for Chapter 13,13-23, Public Nuisance. Five photos were given to the Board. Vincent Ireland, having been previously sworn in, came forward. Mr. Ireland identified the photos as being of his property. Mr. Ireland gave testimony Dania Beach Code Enforcement Board Minutes 5 August 6,2001 6. Request for Abatement — CEB99-0314 — Michael C. Smith — 3320 SW 45 Court Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Mr. Dubisky said this case was originally heard by the Board on 8/2/99 for one violation. The defendant was given 30 days to comply or a fine of $50.00 per day would be levied. The post board date was 9/23/99. The property was not brought into compliance until 8/24/01. The fine ran from 9/23/99 to 8/23/01, 700 days at $50.00 per day totals $35,000.00 plus $100.00 recording fees totals $35,100.00 owed. Mr. Dubisky submitted photos to the Board and stated the property is again in violation. Mark Blumstein, 33 NE 2 Street, 4 101, Ft. Lauderdale, FL 333011 representing Michael Smith, came forward. Michael Smith, 2724 SW 46 Street, Dania Beach, FL came forward and was sworn in. Mr. Smith identified the photos as being of his property. Mr. Smith gave testimony about the violation. Mr. Blumstein gave further testimony about the case. It was on motion of Judy Jensen, seconded by Beulah Lair, to deny the abatement. The motion carried on the following roll call: Judy Jensen—yes Jimmy Peterman—no Beulah Lair—yes Richard Bettor—yes 7. Request for Abatement — CEB01-0141-Davidson Forgues — 1476 W. Dixie Hwy Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Mr. Dubisky said this was heard by the Board on 8/6/01 for a repeat order. The time frame for the repeat order was 7/16/01 to 8/15/01, 30 days at $250.00 per day totals $ 7,500.00 plus $100.00 recording fees totals $7,600.00 owed. Mr. Dubisky gave testimony about the case. Davidson Forgues, 1476 S. Dixie Hwy, came forward and was sworn in. Mr. Forgues gave testimony about the violations. It was on motion of Jimmy Peterman to abate the fine to $2,000.00; the motion died for lack of a second. It was on motion of Beulah Lair, seconded by Judy Jensen, to deny the abatement. The motion failed on the following roll call: Judy Jensen—yes Jimmy Peterman—no Beulah Lair—yes Richard Bettor— no It was on motion of Jimmy Peterman to abate the fine to $2,200.00; the motion died for lack of a second. It was on motion of Judy Jensen, seconded by Beulah Lair,to abate the fine to $3,000.00. The motion carried on the following roll call: Judy Jensen—yes Jimmy Peterman—yes Beulah Lair—yes Richard Bettor—yes October 16,2001 Dania Beach Code Board Minutes 3 was not realized until construction began. Mr. McDonald apologized for delaying the project and for making the mistake and agreed to return $15,000 back to the City as a concession Cit Manager Pato mentioned that he also met with Janice hopeful Jimmyand P,eter the assistance man and Albert Y Jones to involve them in the completion of the protect. envolvement of the Public Works Department, Craven Thompson dnbe completed byEgineers, citizen 'Dece d the mber 23,d approval of an $113,000 Change Order, the project irm hired Commissioner Bertino clarified that the City was not s held ton the project as the riHe ng fencouaaged the to monitor the project and there was public meetings community to move forward in an effort to resolve the problem. Commissioner McElyea mentioned his involvement in trying to resolve the problem and agreed that a problem exists with the trees that were selected. nd Commissioner Mikes stated that Dania Beach is a and funding and that it class ysanot faattot e other areas of the City should also be able to qualify for CDBG other taxpayers when $100,000 is used for only one area of the City. City Attorney Ansbro read the title of the Resolution. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, adopting the Resolution approving the $113,000 Change Order as submitted by MEF Construction. The motion passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes s ITEM 11.2 WAS HEARD AFTER ITEM 11.8. 11.2 Discussion of canceling second regular meeting in December due to the holidays. (Staff) The City Commission agreed to cancel the second meeting in December. ITEM 9.4 WAS HEARD AFTER ITEM 11.2. ITEM 11.3 WAS HEARD AFTER ITEM 11 A 11.3 Request for Abatement of CEB01-0141 by Davidson Forgues for property located at 1476 West Dixie Highway. (Staff) William Johnson, Chief Code Officer, explained the facts 000 00 abatement from $7,00 00 owed. Board and advised that the Board recommended a $ that The Board considered the fact that Mr. Forgues was out Of his dknowledgeone that he had tow left in charge allowed people to park cars on the property Davidson Forgues advised that he purchased the property one year ago and that he has tried to clean up the property to comply with code. He urged the City Commission to realize that $250 a MINUTES 12 NOVEMBER 13, 2001 CITY OF DANIA BEACH l day fine was too difficult for him to pay and that they consider a complete abatement at this time. A motion was made by Vice-Mayor Chunn to abate the lien to $500. The motion died for lack of a second. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to support the recommendation by the Code Enforcement Board to abate the lien to $3,000.0 and to allow the petitioner six months to pay the full amount. The motion passed on the following 4/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-out of room Vice-Mayor Chunn-yes Mayor Flury-yes 11.4 Request for Abatement of CEB00-0685 by William Steven Garrett for property located at 36 SW 16 Street. (Staff) William Johnson, Chief Code Officer, explained the background information on the case and advised that the Code Enforcement Board recommended an abatement of $500 from $6,850 based on the fact that Mr. Garrett could not get on the property because the tenants had pit bulls. Mr. Garrett advised that the tenant was raising pit bulls and Code Enforcement or BSO would not go on the property and that he finally evicted the tenants. In addition, the next tenant was a the layer who created Code problems by leaving the boxes in the backyard. Mr. Garrett advised that made landscaping improvements to the property to comply with Code. A motion was made by Commissioner Mikes abating the lien to $1,000.00. The motion died for s lack of a second. A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, abating the lien by 50% for a total due of $3,425.00 payable within 30 days. The moti®n passed on the following 5/0 roll call vote: Commissioner Bertino-yes Commissioner McElyea-yes Commissioner Mikes-yes Vice-Mayor Chunn-yes Mayor Flury-yes 11.5 Request for Abatement of CEB00-0683 by Nelly Manzo for property located at 210 SW 1 Court. (Staff) William Johnson, Chief Code Officer, explained the background information on the case and advised that the Code Enforcement Board recommended an abatement of $500 from $28,150.00. This action was based on the fact that Nelly Manzo's mother died causing her to go to Equador for some time and that she did not understand English, thereby, creating a communication problem. MINUTES CITY OF DANIA BEACH 13 NOVEMBER 13, 2001 AGENDA REQUEST FORM CITY OF DANIA Date: 1/12/05 Agenda Item#: s Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Jean S. Maurice -#0-2113—271 SW 8 Street Summary Explanation & Background: This property was originally cited on 1/11/02 for 1 violation and the defendant was given 5 days to comply. The defendant did not comply and was taken to the Code Board on 5/06/02. The Code Board issued a final order giving the defendant 15 days to comply or a fine of$75.00 per day would be levied. The compliance date was 6/14/02 and the defendant did not comply until 12/06/02. The fine ran from 6/14/02 to 12/06/02, 175 days @ $75.00/day = $13,125.00 plus $100.00 recording fee = $13,225.00 owed. The fine was confirmed on 10/07/02, The Code Board is recommending abatement to $1,500.00. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $1,500.00. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 5/06/02, 10/07/02 and 1/03/05 (draft) code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name &Phone) Recommended for Approval By: Code Enforcement Board recommends abating the lien to$1,500.00 because they believe there was a communication problem. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 0-2113 Jean S. Maurice 271 SW 8 Street DATE: 1/12/05 This was originally heard by the Code Board on 5/06/01 for 1 building violation. A final order was issued giving the defendant 15 days to comply or a fine of $75.00 per day would be levied. The compliance date was 6/14/02 and the defendant did not comply until 12/06/02. The Code Board confirmed the fine on 10/07/02. The Code Enforcement Board, after hearing testimony on 1/03/05, decided by majority vote to recommend abating the lien to $1,500.00 because they believed there was a communication problem. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Bett r, Chairman RB/gb INSTR#102428806 PREPARED BY: OR BK 34134 Pages 274-277 TIMOTHY M. RYAN, ESQ. RECORDED 11/20/02 11:25:51 BROWARD COUNTY COMMISSION Special City Attorney DEPUTY CLERK 1034 City of Dania Beach #g,4 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seat at Dania Beach, Florida, 1 day of November, 2002 CITY OF DANIA BEACH Patricia Varney Finance Director File: CEB 2113 FINAL ORDER 1203-41-0150 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 2113 A municipal corporation PLAINTIFF, FINAL ORDER vs. JEAN S. MAURICE DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on May 6, 2002, 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, Jean S. Maurice, did allow the following code violation to exist at property defendant owns located at 271 S. W. 8 Street, Dania Beach, Florida, which property is legally described as: DANIA HOMESITES 28-40 B LOT 6 BLK 2 (# 1203 41 0150): 1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove all inoperative and unlicensed vehicles from the property. FINAL ORDER #2113 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Jean S. Maurice: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $75.00 per day will begin running 15 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, Jean S. Maurice, for the foregoing violation listed in paragraph b.(1), a fine of $75.00 per day, to begin running 15 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 in violation and upon any other real or 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 30 day of 12002. DANIA BEACH CODE/ENFORCEMENT BOARD Notary Seal: By: l%G "�6jfGTil�1 , Richard Bettor, Chairperson Sworn and subscr ed before me this day of 2002. NO ARY PUBLI ST TE OF FLORIDA Richard Bettor is personally known to me. � 7'��� -- .LORIA J BRMCr COMM'SSION NUMBERcce 90 } Return to: David E. Keller, Finance Director "Y`OMWq!iI N igES I 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ��1�' FINAL ORDER #2113 r. PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Jean S. Maurice, this fin_day of , 2002. CERTIFIED MAIL 7001 1940 0002 6629 9563 'a" - CODIHI ENFORCEM NTAnARD CLERK APPROVED AS TO F RIM AND CORRECTNESS TIM RYAN, SPECIAL Cl ATTORNEY Also sent first class mail Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 t F,. INSTR#102428805 OR BK 34134 Pages 270-273 PREPARED BY: RECORDED 11/20/02 11:25:51 TIMOTHY M. RYAN, ESQ. BROWARD COUNTY COMMISSION DEPUTY CLERK 1034 Special City Attorney #8,4 Pages City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 1 day of November, 2002 CITY OF DANIA BEACH By: �L4- c� c Patricia Varney Finance Director File: CEB 2113 SUPP.ORDER/CLAIM OF LIEN 1203-41-0150 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #2113 Municipal corporation PLAINTIFF, FINAL ORDER vs. JEAN S. MAURICE 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 7th day of October, 2002, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 30th day of May, 2002, a Final Order in the above captioned case commanding the defendant, Jean S. Maurice, to bring the violation specified in said Final Order into compliance on or before the 14th day Supplemental Order 42113 of June, 2002, or pay a fine in the amount of$75.00 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: DANIA HOMESITES 28-40 B LOT 6 BLK 2 (# 1203 41 0150). 3. That the Defendant, Jean S. Maurice, 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, Jean S. Maurice, 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 PRDEREQ at Dania Beach, Broward County, Florida, this Day of i('�l h , 2002. DANIA BEACH CODE ENFORCEMENT BOARD By: "Richard Bettor, Chairman Sworn to and subscribed before me this day of 2002 By Richard Bettor, who is personally known to me. a_��.IZY F(.4!/ •:.�.�:A J El�i?ND'cS `, �u' COMMISSION NUMBER ►t NOT RY PUBL S ATE OF FLORIDA CC828490 Z MY COMMISSION E)(PIRES `cOF FAO` MAY 10.2CO3 2 Supplemental Order #?ll3 CERTIFICATE OF SERVICE CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Jean S. Maurice, this day oft`j , 2002. CERTIFIED MAIL#7001 1940 0002 6630 4663 C CODE EN ORCEMEN O RD CLERK APPROVED TO FOR ND CORRECTNESS TIMOTHY M. YAN, SPECIA CITY ATTORNEY Also sent regular mail 3 FLORIDA January 11, 2002 JEAN S MAURICE Case Number: 0-2113 271 SW 8 ST DANIA BEACH, FL 330043906 Location: 271 SW 8 ST Folio: 5142-03-41-0150- Legal Description: DANIA HOMESITES 28-40 BLOT 6 BLK 2DANIA HOMESITES 28-40 BLOT 6 BLK 2 Dear JEAN S MAURICE : 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 1/16/02 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sincerely, o WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0003 5599 9282 by BETH DAGNON . i VIOLATION DETAIL PAGE 1 CASE NUMBER 00-00002113 PROPERTY ADDRESS 271 SW 8 ST -------------------------------------------------------------- VIOLATION: CH 14, SEC 14-2 QUANTITY: 1 DESCRIPTION: CH 14, SEC 14-2 DATE: 1/11/02 LOCATION: ORDINANCE DESCRIPTION Violation of Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. The storage or parking of all inoperative vehicles is creating a public nuisance. CORRECTIVE ACTION REQUIRED All inoperative and unlicensed vehicles must be removed from the property. Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes 18. #2104 Luna Verde LTD 4531 SW 32 Avenue Ft. Lauderdale, FL Code Inspector Frank Osorio came forward having been previously sworn in. Service was obtained by Certified Mail, regular mail, and by posting the property; the Affidavit of Service is on file. This is a violation of Chapter 8, Article 11, Section 8- 21(4)(f), fence; Chapter 8,Article I1, Section 8-21(a)(5)(a),(1)&(2),paint; Chapter 14, Section 14-2; and Chapter 28, Zoning, Article 26. Mr. Osorio said as of today, the property has complied with all of the violations except for the Chapter 8, painting of the building, which they have started, but need more time. Mr. Osorio gave photos to the Board and said he spoke to Dr. Sanchez. Gabriel Sanchez for Luna Verde, 4531 SW 32 Avenue, came forward and was sworn in. Mr. Sanchez identified the photos as being of his property. Mr. Sanchez asked for 30 days to comply. It was on motion of Beulah Lair, seconded by Judy Jensen, to adopt the findings of fact by Frank Osorio, move to find the violations exist as charged, move the violator be given 30 days to comply or a fine of$100.00 a day. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes 19. #2113 Jean S. Maurice 271 SW 8 Street Dania Beach, FL Code Inspector William Dubisky came forward having been previously sworn in. Mr. Dubisky said service was not obtained by Certified Mail, however notice was sent regular mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2,junked, abandoned, or unlicensed vehicles. As of today, the property is still in violation of Chapter 14, there are still 2 vehicles remaining on the property. Mr. Dubisky said he has no proof the vehicles are currently registered. Mr. Dubisky said his first contact with the property was 1/11/02. Jean Maurice, 271 SW 8 Street, came forward and was sworn in. Mr. Maurice said one car belongs to his wife and the other he bought for his brother. Mr. Maurice gave testimony about the violation. Mr. Maurice identified the photos as being of the property. It was on motion of Gary Luedtke, seconded by Tim McLeod, that notice was properly served, that the violation still exists, and that the violator be given 15 days or a fine of $75.00 a day be imposed thereafter. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes Code Enforcement Board Summary Minutes 14 May 6,2002 Johnson said when the commission sees this they will see it is a big risk. Mr. Johnson said, in his opinion, Mr. Koch should not have given this type of authorization to not repair the sidewalk unless the project was going to start right away. Mr. Johnson said now Mr. Patel does not have funding, and the city does not know when this project is going to start. Mr. Johnson said he wanted to show to the board attorney the 2 pictures of the sidewalk. Tim Ryan said it is going to be a commission decision. Mr. Ryan suggested to Mr. Patel that he bring in some evidence that he has a commitment on his loan, otherwise, he does not know if the commission is going to allow an abatement down to that number. Mr. Patel said he should have the loan by then and has the CDC approval and said he has to get a main bank to get the rest of the loan. 22. Authorization to Foreclose — CEB00-0508 — Tessie Myers — 334/336 SW 16 Street Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said we are coming before the board to request an authorization to foreclose on case # CEB00-0508, the fine was confirmed on 3/5/01. It was motion of Beulah Lair, seconded by Tim McLeod to foreclose on case #CEB00- 0508. The motion carried on the following roll call: David Nuby— yes Tim McLeod - yes Jimmy Peterman - yes Judy Jensen — yes Gary Luedtke — yes Beulah Lair—yes Richard Bettor— yes 23. Authorization to Foreclose — CEB00-0705 — C.C. & Eloise Franklin — 142 Slit/ 5 Court Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said we are coming before the board to request an authorization to dismiss case #CEB00-0705, as the fine has been paid. It was on motion of Gary Luedtke, seconded David Nuby, to dismiss case #CEB00-0705. The motion carried on the following roll call: David Nuby— yes Tim McLeod - yes Jimmy Peterman - yes Judy Jensen — yes Gary Luedtke — yes Beulah Lair— yes Richard Bettor—yes 24. Motion to confirm fine —#02-2113 —Jean S Maurice - 271 SW 8 Street Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said corrective action was to be taken on or before May 6, 2001. A reinspection of the property on 10/7/02 revealed that the corrective action had not been taken in that the abandoned and unlicensed vehicle still remains on the property. The affidavit of noncompliance is in the file. It was on motion of Gary Dania Beach Code Board Minutes 26 October 7,2002 Luedtke, seconded Beulah Lair to confirm the fine. The motion carried on the following roll call: David Nuby—yes Tim McLeod - yes Jimmy Peterman - yes Judy Jensen —yes Gary Luedtke — yes Beulah Lair—yes Richard Bettor—yes 25. Motion to Confirm fine - #2134 - Robert E Rock— 225/227 SW 15 Street Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said corrective action was to be taken on or before February 1, 2002. A reinspection of the property on 10/7/02 revealed that the corrective action had not been taken in that trash and miscellaneous debris remains on the property and an accumulation of dead plant life also remains on the property and the trees continue to block the sidewalk pedestrian traffic. It was on motion of Beulah Lair, seconded by Gary Luedtke to confirm the fine. The motion carried on the following roll call: David Nuby— yes Tim McLeod - yes Jimmy Peterman - yes Judy Jensen —yes Gary Luedtke —yes Beulah Lair— yes Richard Bettor—yes 26. #02-2388 Bill Vasiliades 41 SE 14 Street Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and said he is presenting the case for Code Inspector Eric Baker. Mr. Dubisky said notice was sent Certified Mail and service was obtained, notice was also sent via first class mail and the property was also posted and we have the affidavit on file. Mr. Dubisky said this is a violation of Chapter 15, Section 15-1, occupational license, Chapter 28, Zoning, Section 4.40, schedule of use regulations, rooming houses are not a permitted use, Chapter 8, Article 11, Section 8-21(A)(2)G, property standards, windows and doors, Chapter 8, Article 11, Sectiion 8-21(A)(5)(A) (1&2), property standards, paint violation. As of today, the property is still in violation of Chapter 8, the building has not been painted. Chapter 15, has complied, Chapter 28, zoning has complied, and Chapter 8, window and doors has complied. Mr. Dubisky submitted 2 photos into evidence. First contact was on 4/15/02. Chairman Bettor asked if anyone was present representing Bill Vasiliades, no one responded. Chairman Bettor entered 2 photos into evidence in case # 02-2388. Beulah Lair asked if Eric Baker was sick. Mr. Johnson answered that Mr. Baker had a personal matter to deal with tonight. Tim McLeod asked if Chapter 15 was complied with. Mr. Dubisky said Chapter 8, the paint violation is the only one still in violation. Judy Jensen asked how bad was the house. Mr. Dubisky said the photos do not show the degree, stating the owner tried to high light the area, and said it has siding on it and is Dania Beach Code Board Minutes 27 October 7,2002 progress. Mr. Gilbert Thomas, 333 SE 3 Terrace, came forward and was sworn in. He stated that they discovered some erosion problems which will require a construction expert to go in and determine the extent of damage and how much construction needs to be done to the house. Inspector Tullos recommended that he be given the time he is requesting because he has complied on all of the other violations except this one. Chief Inspector Johnson recommended that the defendant bring some documentation after this extension to show what is being done. David Nuby made a motion to give a 90 day extension from 12/22/2004 and Judy Jensen seconded the motion. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith T lacro-yes Richard Bettor-yes 6. Request for Abatement—Case#0-2113—Jean S. Maurice 1 SW 8 ST Code Inspector William Dubisky came forwar d was sworn in. He stated that this case was originally heard by the Bo 5/06/04 for 1 violation. The compliance date was 06/14/02 and the defend id not comply until 12/06/02. A fine ran for 175 days at $75.00 per day plus 100.00 recording fee equals $13,125.00. The fine was confirmed on 10/07/02. This was a violation of Chapter 14. The gentleman had a e of inoperable and unlicensed vehicles in his back yard. After the hearing h ed one and called for reinspection on 12/06/2002. Chairman Bettor ask if there was anyone representing Jean Maurice. Jean Maurice, 271 SW 8th treet came forward and was sworn in. Mr. Maurice stated that d removed one of the vehicles and put the tag for the other vehicle in th . He presented the registration to Chairman Bettor which showed a registr ate of 11/02/02. Jimmy Peterman made a motion to abate this to $1500 ue to the fact that there was a miscommunication between iolator and the Inspector. The motion was seconded by Tim McLe and 'Yried on the following roll call: David Nub s Tim McLeod-yes Judy Jensen-no Jimmy Peterman-yes Gary Luedtke-no Judith Tulacro-yes Richard Bettor-yes 7. Request for Abatement- Case #04-1926 - Exclusive Millwork Inc.-3277 SE 14 AVE Fire Marshall Ed Tarmey came forward and was sworn in. He stated that this case came before the Board on 04/01/02 for one fire violation. The Board issued a final order giving the defendant 120 days to comply or a fine of$100.00 per day would be levied. The compliance date was 8/24/02 and they did not comply until 11/19/04. The fine ran for 818 days at $100.00 per day plus $100.00 recording fee equaling $81,900.00 owed. The fine was confirmed on 12/02/02 and the case Dania Beach Code Board Summary Minutes 3 January 3,2005 was brought before the Board on 10/06/03 for foreclosure. The Board gave a 90 day extension on the foreclosure action. The foreclosure was authorized on 02/02/04. Chairman Bettor asked if there was anyone present representing Exclusive Millwork Inc. Ernest Graef, 3700 Salt Ocean Mile, Fort Lauderdale, Shelly Winn, 11422 Carzon Court, Boynton Beach, and Attorney David Schattenfeld came forward. Ernest Graef and Shelly Winn were sworn in. Attorney Schattenfeld stated that the original order proved impossible to comply with because they ascertained that it was necessary to have a water pressure test conducted which Broward County had to authorize. The results of the test proved that there was insufficient pressure to install what they were ordered to install. The other option was to install a water pressure pumping station on the property. It was agreed with the Fire Chief that reinstallation of a fire wall was a viable option. Mr. Winn explained the process in which they wer engaged in order to bring the property into compliance. Mr. Ernest Graef lained and presented documentation to show that they had spent at least $35, 0 bring the property into compliance. Judy Jensen asked why they did not ask y extension of time. Fire Marshal Ed Tarmey stated that there were no requests made for extension of time. He said that there was in no activity on the case for 10 months until the Fire Marshal sent them a letter informing them of the running fine. Mr. Graef pleaded with the d to abate the fine because although it took them a long time to bring the pro rty into compliance, they did eventually comply. Timothy McLeod made a motion to deny the request for abatement. Jimmy Peterman ded the motion and carried on the following roll call: David Nuby-no Tim Mc eod-yes Judy Jensen-yes Jimmy Peterman-ye Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 8. Motion to enter Amend Supplemental Orders—Cases # 04-0052 and # 04-000- & J Properties of Broward, Inc. — I't &12°d vacant lots north of 34 SE TimothyEsq. gave testimony in these two cases as follows. He made a proposed amended supplemental order and explain that it was going to be an extension of time for 90 days after the permit was issued to give sufficient time to the defendant to go through the variance request. The owner of these properties had surfaced the area with stone (gravel) and had not gotten a permit. When he came in and made an application, he realized that based upon the square footage there was one parking lot short on the available space so he needed to go before the City Commission and request for a variance. Tim Ryan also stated that the initial order on this case did not give the defendant enough time to go through the planning and zoning process. Attorney Ryan said it was the recommendation of staff to grant a motion to amend a supplemental order to give them 90 days. Chairman Bettor asked if there was anyone present to represent J & J Properties. Attorney Harry Hipler came forward and stated that his understanding was that Dania Beach Code Board Summary Minutes 4 January 3,2005 AGENDA REQUEST FORM CITY OF DANIA Date: 1/12/05 Agenda Item #: SO4 Title: Request for Abatement Requested Action: Request for Abatement of Code Enforcement lien—Lori N.Williams— 5169 SW 28 Terrace, Dania Beach—#03-4711 Summary Explanation & Background: This property was cited on May 19, 2003 for 2 violations and given 30 days to comply. The defendant, Lori N. Williams, did not comply and was brought before the Code Board on February 2, 2004. The code board issued a Final Order giving the defendant 45 days to comply or a fine of $70.00 per day would be levied. The compliance date was 4/08/04 but the property was not brought into compliance until 11/03/04. The fine ran from 4/08/04 through 11/03/04, 209 days @ $70.00/day = $14,630.00 plus $100.00 recording fee = $14,730.00 owed. The fine was confirmed on 7/06/04. The Code Board, after hearing testimony on 12/06/04, is recommending the fine be abated to $2,000.00 based on the effort put forth to bring the property into compliance. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending the abatement to$2,000.00. , (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter dated 5/19/03 (4) Copy of minutes from the 2/02/04, 7/06/04 and 12/06/04 code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Board Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends the fine be abated to$2,000.00 based on the effort put forth to bring the property into compliance. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk I INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 03-4711 Lori N. Williams 5169 SW 28 Terrace DATE: January 12, 2005 This was originally heard by the code board on 2/02/04 for 2 building violations. A final order was issued giving the defendant 45 days to comply or a fine of $70.00 per day would be levied. The compliance date was 4/08/04 and the defendant did not comply until 11/03/04. The Board confirmed the fine on 7/06/04. The code enforcement board, after hearing testimony on 12/06/04, decided by unanimous vote to recommend abating the lien to $2,000.00 because of the effort the owners put forth to bring the property into compliance. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Ric and ettor, irman RB/gb R- l1 / V INSTR#104259185 PREPARED BY: OR BK 38040 Pages 1514-1518 RECORDED 08/18/04 I TIMOTHY M. RYAN, ESQ. BROWARD COUNTY COMMISSION Special City Attorney DEPUTY CLERK 1033 City of Dania Beach #8,5 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 1 2 day of August, 2004 CITY OF DANIA BEACH .y / By: ti �, .,—._.--- Patricia Varney Finance Director WILLIAMS, LORI File: CEB 03-4711 FINAL ORDER 0232-10-0170 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #03-4711 municipal corporation PLAINTIFF, FINAL ORDER vs. LORI N. WILLIAMS DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 2, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Lori N. Williams, did allow the following code violations to exist at property Defendant owns located at 5169 S. W. 28 Terrace, Dania Beach, Florida, which property is legally described as: STEVENS HOMESITES NO 2 37-26 B LOT 1 BLK 6 (#0232 10 0170): 1. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a), (1) & (2); Minimums standards for dwellings, hotels, and rooming houses. Maintenance and appearance standards. Failure to paint and maintain building which is discolored and has peeling paint. FINAL ORDER #03-4711 PAGE 2 2. Chapter 22; Streets and Sidewalks; Section 22-1, Buildings to be numbered. Failure to display address on the subject building. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Lori N. Williams: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $70.00 per day will begin running 45 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, Lori N. Williams, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $70.00 per day, to begin running 45 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this_ day of ,�,2 , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Ic and Be r, C person Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-4711 PAGE 3 Notary Seal: Sworn and subs,qrlbed before me this - day of _ 2004 NOT RY PUBL S ATE OF FLORIDA Richard Bettor is personally known to me. ,mr f GlorW J Bmndes spy Commission DD187260 a EXprgg MW 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-4711 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Lori N. Williams, this day of ,e 12004. CERTIFIED MAIL 7002 2030 0003 2168 8385 C ENFORCEMENT BOARD CLERK APPROVED S TO FORM AND CORRECTNESS TIM RYA , SPECIAL YTY ATTORNEY Also sent first class mail Return to: Patricia Vamey, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FL 33004 9 PREPARED BY: TIMOTHY M. RYAN, ESQ. 425g18 es 1519.1522 Special City Attorney �oRBK 3ao 081a50409.0331SS1pN City of Dania Beach REcop'u cpuN�Y GOMM 700 East Dania Beach Boulevard RoONPRo eo'1033 Dania Beach, Florida 33004 09,4 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 2 day of August, 2004 CITY OF DANIA BEACH Patricia Varney Finance Director WILLIAMS, LORI File: CEB 03-4711 SUPP.ORDER/CLAIM OF LIEN 0232-10-0170 i CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #03-4711 Municipal corporation PLAINTIFF, FINAL ORDER vs. LORI N. WILLIAMS 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 Gary Phaneuf, on the City's Motion to Confirm Fine held on the 6th day of July, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 23Id day of February, 2004, a Final Order in the above captioned case commanding the defendant, Lori N. Williams, to bring the violations specified in said Final Order into compliance on or before the 8th day of April, 2004, or pay a fine in the amount of$70.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #03-4711 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: STEVENS HOMESITES NO 2 37-26 B LOT 1 BLK 6 (# 0232 10 0170). 3. That the Defendant, Lori N. Williams, 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, Lori N. Williams, 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 O DERED at Dania Beach, Broward County, Florida, this o2 7 Day of LJULw , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Ch Irman Sworn to and subscribed before me this g day of , 2004, By Richard Bettor, who is personally known to me. NO ARY PUB IC 8TATE OF FLORIDA �. Gbris J Brandes My Commission D0187260 a Expires May 10,2007 Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #03-4711 CERTIFICATE OF SERVICE CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Lori N. Williams, this 7 day of (IJA/ 2004. CERTIFIED MAIL#7002 2030 0003 2169 6038 COPE ENFO EMENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIMOTHY . RYA , SPErdAL CITY ATTORNEY I I T Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 FLORIDA May 19, 2003 LORI N WILLIAMS Case Number: 03-00004711 5169 SW 28 TER FT. LAUDERDALE, FL 333126101 Location: 5169 SW 28 TER Folio: 504232100170 Legal Description: STEVENS HOMESITES NO 2 37-26 B LOT 1 BLK 6 STEVENS HOMESITES NO 2 37-26 B LOT 1 BLK 6 Dear LORI N WILLIAMS: 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 19, 2003 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincere , GARY PHANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5814 6690 by RITA DONNELLY. `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 03-00004711 PROPERTY' ADDRESS 5169 SW 28 TER -------------------------------------------------------------- VIOLATION: MINIMUM STANDARDS-PAINT QUANTITY: 1 DESCRIPTION: CH 8 ,ART II, PS, SEC 8-21A5A1&2 DATE: 5/19/03 LOCATION: NARRATIVE Remedy will be to paint and maintain building. ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) &(2) ; Minimum Standards for Dwellings, Hotels, and Rooming Houses . Maintenance and Appearance Standards . The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti, peeling paint and with uniform colors void of any evidence of deterioration. -------------------------------------------------------------- VIOLATION: CH 22, SEC 22-1 QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-1 DATE: 5/19/03 LOCATION: NARRATIVE Address must be displayed on the building/house . ORDINANCE DESCRIPTION Violation of Chapter 22; Streets and Sidewalks; Section 22-1, Buildings to be numbered. All buildings in the city must display the correct street number upon such building. $50.00 per day. The motion was seconded by Gary Luedtke and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 29) #03-4711 Lori N. Williams 5169 SW 28 Terrace Ft. Lauderdale,FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This was a violation of Chapter 8, Article II, Property Standards, Section 8-21 A5A 1&2, house is in need of paint and repair; Chapter 22, 22-1, address must be displayed on house. As of today, the property is still in violation of Chapter 8, Article II, Property Standards, Section 8-21 A5A 1& 2, house is in need of repair; Chapter 22, Section 22-1, no address number has been affixed to the house. Mr. Phaneuf submitted four photos. The first contact with the violator was 5/19/03. Mr. Phaneuf said that he had spoken to Ms. Williams and she was unable to attend due to school, but she is getting a contractor for the roof. Chairman Bettor asked if there was anyone representing Lori N. Williams; no one came forward. Gary Luedtke moved that notice was properly served, to adopt the findings of fact of Officer Gary Phaneuf, that the violations exist, and the violator be given 45 days or a fine of $70.00 per day thereafter. The motion was seconded by Judy Jensen and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 30) #03-4944 Chris Murray 4287 SW 49 Court Ft. Lauderdale,FL Code Inspector Eric Baker, having been previously sworn in, came forward and submitted three photos. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 39, Broward County Zoning, Article XVI, commercial vehicles and equipment; Chapter 13, Section 13-23, Public Nuisance, trash and junk; Chapter 14, Section 14-2, junk and abandoned vehicles. As of today, the property is still in violation Chapter 39, commercial equipment; Chapter 13, trash and junk; and Chapter 14, abandoned vehicles. The first contact with the violator was 07/01/03. Chairman Bettor asked if there was anyone representing Chris Murray; no one came forward. Gary Luedtke moved that notice was properly served, to adopt the finding of fact of Officer Eric Baker, that Dania Beach Code Board Summary Minutes 17 February 2,2004 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 22) Motion to Confirm Fine-#03-4711- Lori N. Williams- 5169 SW 28`h Terrace Code Inspector Gary Phaneuf having been previously sworn in, came forward and gave testimony on the past history of the case. He stated corrective action was to be taken on or before April 8, 2004 and the re-inspection on this date revealed that the corrective action has not been taken and as of this date, July 6, 2004, there has not been a request for re-inspection and the Affidavit of Non-compliance is on file. Chairman Bettor asked if there was anyone representing Lori Williams; no one came forward. Tim McLeod made a motion to confirm the fine, the motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 23) Authorization to Foreclose-CEB00-0668-Ivory & S. McCutcheon-Vacant lot 200 block of NW 1st Avenue Code Inspector William Dubisky having been previously sworn in, came forward and gave testimony on the past history of the case and stated that the fine was confirmed on August 6, 2001. Chairman Bettor asked if there was anyone representing Ivory & S. McCutcheon; no one came forward. Tim McLeod made a motion to authorize foreclosure, the motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 24) 403-5336 Paul De Jong Vacant Lot North of 4650 SW 26th Ave Code Inspector Gary Phaneuf having been previously sworn in, came forward, presented 3 photos and gave the following testimony. This is a violation of Chapter 22, Section 22-5 (i) D, All vegetation over sidewalk and/or street must be cut back; Chapter 13, Section 13-26, Accumulation of unattended weeds, trees and plant life. As of today the property is still in violation of Chapter 22, Section 22-5(i) D, vegetation overhanging in the street and Chapter 13, Section 13-26 accumulation of unattended weeds, trees and plant life has not been removed. This is the second time that the case is being heard simply because there was an address discrepancy in our system and it is being brought back again before the Dania Beach Code Board Summary Minutes 12 July 6,2004 11. Case #04-0593 Sims,B J& Emily H 40 SW 4ch ST Dania Beach,FL 33004 Code Inspector Gary Phaneuf, having been previously sworn in, came forward and gave testimony as follows. This is a violation of the Florida Building Code FBC 104.1 —re-roofing without a valid permit. As of today the property is still in violation. Mr. Phaneuf stated that respondents are requesting an extension and presented a letter received 12/6/04 together with two photographs. Chairman Bettor asked if there was any one present to represent Bob & Emily Sims. Bobby Sims, 40 SW 4 ST, came forward and was sworn in. He identified the 2 photographs and stated that he was unable to get a contractor or structural engineer because most of them were out doing work due to the hurricanes. He asked for a 120 day extension. Jimmy Peterman made a motion to adopt the finding of fact by Inspector Phaneuf and move that the violation exists and granted 120 days to comply and thereafter a fine of$150.00/day shall be levied. Judith Tulacro seconded the motion and the motion carried on the following roll: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 12. Request for abatement—Case # 03-4711 - Lori N. Williams —5169 SW 28 Terrace Code Inspector Gary Phaneuf, having been previously sworn in, came forward and presented testimony as follows. This case was originally heard by the Board on 02/02/04. The compliance date was 04/08/04 and the defendant did not comply until 11/03/04. The fine ran for 209 days @ $70.00 per day plus $100.00 recording fee totaling $14,730.00 owed. The fine was confirmed on 7/6/04 for two violations. Chairman Bettor asked if there was anyone present representing Lori Williams. Deborah Rochelin, Attorney, came forward. Ms Rochelin stated that her client was a single mother, working two jobs and did not receive notice. She has since sold the house and the closing was in September, 2004. She become aware that there was a lien on the property during this process and it took the new owners 33 days to comply. She asked the Board to consider waiving or abating the fees and her client would only pay the administrative fee. Chief Code Inspector William Johnson, having been previously sworn in, came forward and recommended that the fines be reduced to &1500.00 - $2,000.00 based on the fact the defendant had done an excellent job fixing up the property. Judy Jensen made a motion to abate the fine to $2,000.00 based on the hard effort of improving the property. Tim McLeod seconded the motion and the motion carried on the following roll call: Dania Beach Code Board Summary Minutes 7 December 06,2004 Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes Chairman Bettor stated that this will have to go in front of the City Commission for final approval in January, 13. Case# 04-1482 Sette,Thomas,Rev. Liv. Tr. Vacant Lot SW Cor NW 1 Ave& NW 19t ST Chief Code Inspector William Johnson, having been previously sworn in, came forward and presented two photographs. He stated that this is a violation of CH.28, Zoning ART,4, C3 — boats and trailers not a permitted use. As of today the property is still in violation. Chairman Bettor asked if there was anyone representing Thomas Sette. Mr. Thomas P Sette, 210 SE 3 Ter came forward and was sworn in. Mr. Sette identified the photos presented as evidence in this case and stated that he has lived in the City of Dania Beach for the last 50 years and was not aware of this ordinance. He asked for an extension of time. Tim McLeod made a motion that they adopt the findings of fact by Inspector William Johnson that the violations do exist and to give the respondent 60 days in which to bring the violations into compliance or a fine of$50.00 per day. Jimmy Peterman 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 14. Case#04-648 Reynolds,Phillip C 48 SW 11 ST Dania Beach, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and gave the,following testimony. He stated that this was a violation of CH.8, ART.II, and SEC.8-21 C2, accumulation of rubbish and trash, and CH.8, ART.II, SEC.21 A5A 1&2, paint and maintain building. As of today, both violations have not complied and he presented 6 photographs as evidence. Chairman Bettor asked if there was anyone representing Philip Reynolds. Tara Reynolds Mack, 48 SW11 ST, sister to the defendant came forward and was sworn in. Ms Mack identified the photographs. She complained about one of her neighbors picking on her. Judy Jensen made a motion to adopt the finding of facts by Inspector Phaneuf, move that the violation does exist as charged and move that the violator be given 60 days to comply, thereafter, a fine of $50 per day shall be levied and proper notice had been given. Gary Luedtke seconded the motion and the motion carried on the following roll call. Dania Beach Code Board Summary Minutes 8 December 06,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 1/12/05 Agenda Item#: 36 15 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Exclusive Millwork Inc. -#0-1926—3277 SE 14 Avenue Summary Explanation & Background: This property was originally cited on 11/29/01 for 1 violation and the defendant was given 90 days to comply. The defendant did not comply and was taken to the Code Board on 4/01/02. The Code Board issued a final order giving the defendant 120 days to comply or a fine of$100.00 per day would be levied. The compliance date was 8/24/02 and the defendant did not comply until 11/19/04. The fine ran from 8/24/02 to 11/19/04, 818 days @$100.00/day = $81,800.00 plus $100.00 recording fee =$81,900.00 owed. This case was brought back before the code board on 10/06/03 for foreclosure action and the board gave the defendant a 90 day extension on the foreclosure action. The Board approved the foreclosure action on 2/02/04. The fine was confirmed on 12/02/02. The Code Board is recommending denying the abatement. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denying the abatement. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 4/01/02, 12,02/02, 10/06/03, 2/02/04 and 1/03/05 (draft) code board meetings. (5) Historic Time Line dated 1/03/05 outlining events of case prepared by Fire Marshal Ed Tarmey Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends denying the abatement. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 0-1926 Exclusive Millwork Inc. 3277 SE 14 Avenue DATE: 1/12/05 This was originally heard by the Code Board on 4/01/02 for 1 fire violation. A final order was issued giving the defendant 120 days to comply or a fine of $100.00 per day would be levied. The compliance date was 8/24/02 and the defendant did not comply until 11/19/04. The Board confirmed the fine on 12/02/02. On 10/06/03, this case was brought to the Code Board for authorization to foreclose on the lien. The Board gave a 90 day extension on the authorization and authorized foreclosure on 2/02/04. The Board confirmed the fine on 12/02/02. The Code Enforcement Board, after hearing testimony on 1/03/05, decided by majority vote to recommend denying the abatement request. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD is and Bettor, thairman RB/gb PREPARED BY: TIMOTHY M. RYAN, ESQ. INSTR#102622653 OR BK 34537 Pages 1644-1648 Special City Attorney RECORDED 02/07/03 07:37:52 City of Dania Beach BROWARD COUNTY COMMISSION 700 East Dania Beach Boulevard DEPUTY CLERK 2000 Dania Beach, Florida 33004 #3,5 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, 28 day of January, 2003 CITY OF DANIA BEACH Patricia Varney Finance Director File: CEB 1926 FINAL ORDER 0223-00-0353 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #1926 A municipal corporation PLAINTIFF, FINAL ORDER vs. EXCLUSIVE MILLWORK INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on April 1, 2002, 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, Exclusive Millwork Inc., did allow the following code violation to exist at property defendant owns located at 3277 S. E. 14 Avenue, Dania Beach, Florida, which property is legally described as: 23-50-42 THE S 265 OF N 535 DESC AS BEG SE COR OF NE1/4 OF SW1/4 OF SAID SEC NLY ALG E/L 250 FOR POB CONT NLY 999.48 W 281.88, SLY 711.40 SWLY ALG ARC 253.41, CONT SWLY ALG ARC 41.36, E 331.38 TO POB (# 0223 00 0353): FINAL ORDER #1926 PAGE 2 1. South Florida Building Code Chapter 38, Sec. 3801.3(e) — Automatic Sprinkler System. Building exceeds 20,000 square feet and is required to have an automatic fire sprinkler system. Building does not have an automatic fire sprinkler system. Failure to submit engineered plans, apply for a permit and install a complete automatic fire sprinkler system. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Exclusive Millwork Inc.: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 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 defendant, Exclusive Millwork Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 120 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 in violation and upon any other real or 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 day of . 2002. Return to: David E. Keller,Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #1926 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD r ' Notary Seal: By: 4641-41,A& - Richard Bettor, Chairperson Sworn and subscri d before me this day of 2002. NO ARY PUBLIC STATE OF FLORIDA Richard Bettor is personally known to me. Np.RY PG Gt:PCIAL NOTARY SEAL O 6<� Gi OR1A J BRAVOES 1 �a COMMMIONNWMR 9l6 OF O��O MY COMMISSION EXPIRES MAY 10.2M Return to: David E. Keller, Finance Director 100 W.Dania Beach Blvd. Dania Beach,FL 33004 FINAL ORDER #1926 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Exclusive Millwork Inc., this day of , 2002. CERTIFIED MAIL 7001 1940 0002 6629 8702 Q-- COUt ENFORC0dENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN SPECIAL CI ATTORNEY Also sent first class mail Return to: David E.Keller, Finance Director 100 W.Dania Beach Blvd. Dania Beach,FL 33004 IN STR#1026228` 653 PREPARED BY: OR gK 34537 Pages�643-�2 TIMOTHY M. RYAN, ESQ. RECORDED py07103 07:37 I Special City Attorne gROWARO COUNN COMMISSION P tY y DEPUTY CLERK 2000 City of Dania Beach #4,5 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 28 day of January, 2003 CITY OF DANIA BEACH By: zz' Patricia Varney Finance Director File: CEB 1926 SUPP.ORDER/CLAIM OF LIEN 0223-00-0353 5 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #1926 Municipal corporation PLAINTIFF, FINAL ORDER vs. EXCLUSIVE MILLWORK INC. DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Fire Marshal, Edward Tarmey, on the City's Motion to Confirm Fine held on the 2"d day of December, 2002, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 26th day of April, 2002, a Final Order in the above captioned case commanding the defendant, Exclusive Millwork Inc., to bring the violation specified in said Final Order into compliance on SUPPLEMENTAL ORDER #1926 or before the 24th day of August, 2002, or pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: 23-50-42 THE S 265 OF N 535 DESC AS BEG SE COR OF NE1/4 OF SW1/4 OF SAID SEC NLY ALG E/L 250 FOR POB CONT NLY 999.48, W 281.88, SLY 711.40 SWLY ALG ARC 253.41, CONT SWLY ALG ARC 41.36, E 331.38 TO POB (# 0223 00 0353). 3. That the Defendant, Exclusive Millwork Inc., 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, Exclusive Millwork Inc., shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 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 , 2003. Return to: Macciano Lewis 2 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER 91926 DANIA BEACH CODE ENFORCEMENT BOARD By: ich r Bettor, Chairman Sworn to and subscribed before me this /6' day of , 2003 By Richard Bettor, who is personally known to me. /'4 A I.;4a- &Z4�& NO ARY PU IC TATE OF FLORIDA OFFIGAL NOTARY OSPRY po'q GLORIAJgpAMDES 2 COMMIsSIONNUM80 ¢ CWON0 'Y � MY COMMISSION F,fPIR£S rFOF MAY 10,2003 Return to: Macciano Lewis 3 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #1926 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Exclusive Millwork Inc., this ,1�day of 2003. CERTIFIED MAIL 7002 0860 0000 5817 9193 CODE NFORCE N BOARD CLERK APPRO D rSTO F AND CORRECTNESS TIMOTHY RYAN, SPECIJA[f CITY ATTORNEY Also sent regular mail Return to: Macciano Lewis 4 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 1 _ r. �'i4C'S^taert�m� 12 %Rr November 29, 2001 EXCLUSIVE MILLWORK INC Case Number: 0-1926 PO BOX 350507 FT LAUDERDALE, FL 33335 , Location: 3277 SE 14 AVE Folio: 5042-23-00-0353- Legal Description : 23-50-42THE S 265 OF N 535 DESC ASBEG SE COR OF NE1/4 OF SW1/40F SAID SEC NLY ALG E/L 250FOR 20B CONT NLY 999. 48, Dear EXCLUSIVE MILLWORK INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re-inspection by 2/27/02 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sincerely, w�. l,s.rLr,,�,�a ED TARMEY 1 FIRE MARSHALL I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0003 5599 7226 by BETH DAGNON. `Broward's First City, 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www-ci.dania-beach.El.us a rsvi: 1 iR 0.0-00001926 .-Y ADDRESS 3277 SE 14 AVE --------------- ___ -------------- VIOLATION: SFBC 38 , SEC. 3801 . 3 (E) 1 QUANTITY: DESCRIPTION: SFBC 38, SEC. 3801 . 3 (E) l DATE : 1 LOCATION: 11/29/O1 ORDINANCE DESCRIPTION Violation of SFBC Ch. 38, Sec . 3801 .3 (e) (1) -Automatic Sprinkler System. Problem Description: Building exceeds 20, 000 square feet and is required to have an automatic fire sprinkler system. CORRECTIVE ACTION REQUIRED Remedy: Submit engineered plans, apply for permit, and install a complete automatic fire sprinkler system in accordance with SFBC Ch. 38, Sec. 3801 . 3 (e) (1) . Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Mr. Dubisky asked for a dismissal on this case because there is a new owner; Mr. Dubisky said the new owner is working on the property. Mr. Dubisky added if the new owner does not bring the property into compliance, then the new owner will be cited. It was on motion of Tim McLeod, seconded by Beulah Lair, to dismiss case # 1901. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair - yes Judith Tulacro—yes Richard Bettor—yes 10. Request for Extension - #1311- Frank and Joanne Byrd-707 SW 7 Street Chairman Bettor stated the case was originally heard by the Board on 12/6/01.and were given 90 days to comply; reinspection date was the 4/3/02. Code Inspector William Dubisky, having been previously sworn in, came forward. Mr. Dubisky said the defendants are asking for an extension from that date. Mr. Dubisky said he did not have any current photos, however a reinspection revealed they started with the fascia boards. Joanne Byrd, 707 SW 7 Street, came forward and was sworn in. Ms. Byrd said they did the fascia boards, but her husband had a stroke. Ms. Byrd said her husband will paint the house, but they are waiting for the disability money came in. Ms. Byrd said she is asking for an extension so she can do the fence. Ms. Byrd gave additional testimony and asked for 60 days. It was on motion of Gary Luedtke, seconded by Jimmy Peterman, to grant an extension of time of 60 days from today. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair - yes Judith Tulacro—yes Richard Bettor—yes 11. #1926 Exclusive Millwork Inc. 3277 SE 14 Avenue Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, regular mail, and by posting the property; the Affidavit of Service is on file. Fire Marshall Ed Tarmey came forward and was sworn in. Mr. Tarmey said he inspected the property on 11/29/01 and that they are a 40,000 square foot industrial manufacturing building in the port. Mr. Tarmey said the Fire Code requires that buildings that exceed 20,000 square feet have to be sub-divided by a fire division wall. Mr. Tarmey said this 40,000 square foot building had, under the original construction, been built at 20,000 square feet making 2 buildings. Mr. Tarmey said when Exclusive Millwork took over the property, they removed the fire division wall, which then requires them to put in a fire sprinkler system. Mr. Dania Beach Code Board Summary Minutes 8 April 1,2002 Tarmey said the defendants are here and showed Mr. Tarmey a written contract to do the work and he would be in agreement to give the defendants an extension of time to make the repair. Chairman Bettor asked Mr. Tarmey what kind of extension does he recommend. Mr. Tarmey said a significant amount of work has to be done, so 120 days would be reasonable. Shelly Winn, 3277 SE 14 Avenue, Ft. Lauderdale, came forward. Mr. Winn said he is an officer and owner of the company. Ernest Graff, 3277 SE 14 Avenue, came forward. It was on motion of Gary Luedtke, seconded by Tim McLeod, to note the notice was properly served, that the violations exist, and give the violators 120 days to comply or a fine of $100.00 thereafter. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair - yes Judith Tulacro—yes Richard Bettor—yes Tim McLeod asked if the motion meant if the violation was to be completed in 120 days. Mr. Tarmey said yes, to be completed will all final inspections. Chairman Bettor asked Mr. Winn to identify photos as being of his property; Mr. Winn did so. Chairman Bettor stated three photos were identified. 12. #2121 Shevchuk Inc. 4651 SW 32 Avenue Ft. Lauderdale,FL Code Inspector Frank Osorio, having been previously sworn in, came forward. Mr. Osorio said service was obtained by Certified Mail, regular mail, and by posting the property; the Affidavit of Service is on file. The violations are of Chapter 13, trash,junk, and garbage and of Chapter 14, abandoned vehicle. As of today, the property has complied with the Chapter 14, abandoned vehicle; however, the Chapter 13 violation still exists. Mr. Osorio asked for a finding of fact for the Chapter 14 violation and said his first contact with the property was 2/l/02. Ed Shevchuk, 714 NW 14 Avenue, Dania Beach, came forward and was sworn in. Chairman Bettor asked Mr. Shevchuk to identify photos as being of his property; Mr. Shevchuk did so. Chairman Bettor entered several photos into evidence. It was on motion of Gary Luedtke, seconded by Judy Jensen, that notice has been served, that there is a finding of fact on the Chapter 14 violation, which is in compliance at this time, and find that the Chapter 13 violation exists, and to give 30 days to comply with the Chapter 13 violation or a fine of$150.00 per day. Mr. Shevchuk gave testimony about the violation. Gary Luedtke said his motion of 30 days or $150.00 per day stands and Judy Jensen said her second stands. The motion carried on the following roll call: Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair - yes Judith Tulacro—yes Richard Bettor—yes Dania Beach Code Board Summary Minutes 9 April 1,2002 David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Beulah Lair - yes Jimmy Peterman - yes Richard Bettor - yes 19. Motion to Confirm Fine - #2112 - Paul Staudinger - 25 S.W. 10 Street Code Inspector William Dubisky having been previously sworn in, came forward and asked that this be continued to the February 2003 meeting. It was on motion of Beulah Lair, seconded by Jimmy Peterman to continue this case to the February 2003 meeting. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Beulah Lair - yes Jimmy Peterman - yes Richard Bettor - yes 20. Motion to Confirm Fine -#1926 - Exclusive Millwork Inc. - 3277 S.E. 14 Avenue Chief Fire Inspector Edward Tarmey was absent and in his place Chief Zoning Inspector William Johnson having been previously sworn in, came forward and said this was originally heard by the board on 4/01/02 for one fire violation. The board issued an order giving the defendant 120 days to comply or a fine of $100.00 per day would be levied. The compliance date was 8/24/02 and they did not comply. It on was motion of Gary Luedtke, seconded by David Nuby to confirm the fine in case # 1926. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Beulah Lair - yes Jimmy Peterman - yes Richard Bettor - yes 21. Motion to Confirm Fine - #2262 - Clautilde Louis Charles - 325 S.W. 13 Street Code Inspector William Dubisky having been previously sworn in, came forward and said this was originally head by the board on 7/01/02 for 3 violations. The board issued an order giving the defendant 45 days to comply or a fine of $50.00 per day would be levied. The compliance date was 9/14/02 and he has not complied. It on was motion of Judy Jensen, seconded by Jimmy Peterman to confirm the fine in case #2262. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Beulah Lair - yes Jimmy Peterman - yes Richard Bettor - yes Dania Beach Code Board Minutes 12 December 2,2002 paragraph B3 was complied, but the violations in paragraph B1 and B2 were not complied. Chairman Bettor said that the fine will have to be confirmed. Mr. Diaz asked what was the amount. Chairman Bettor said it is about $8,700.00. Mr. Dubisky said the fine is about $100.00 per day for a total of $8,700.00. Mr. Dubisky stated that he did receive a request for reinspection on 7/18/03 and he presented photos for evidence. Also, at this time Mr. Dubisky had advised Mrs. Diaz that she needed to get her son to clean up the property, and her son would be responsible for the fine. Chairman Bettor asked Mr. Diaz to identify the photos of his property. Mr. Diaz identified his property. Gary Luedtke asked if this could be abated instead of confirming the fine. Attorney Ryan stated that if the fine has not been confirmed then it is not considered a lien against the property; therefore, the code board could decide on the abatement amount now. There was some further discussion on whether or not to abate the fine. Gary Luedtke made a motion to confirm the fine. Attorney Ryan stated that a fine did run for a period of time. The motion was seconded by Judy Jensen and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor- yes 7) Authorization to Foreclose - #1926 — Exclusive Millwork — 3277 SE 14 Avenue Chief Code Inspector William Johnson, having been previously sworn in, came forward and gave the following testimony. This was originally heard by the board on 4/01/02 for one violation. The board issued an order giving the defendant 120 days to comply or a fine of$100.00 per day would be levied. The compliance date was 8/24/02, and the defendant has not complied. Mr. Johnson said that Fire Marshal Ed Tarmey is asking for a continuance. Chairman Bettor asked if there was anyone representing Exclusive Millwork. Charles Comacho and Louis Graff both came forward and were sworn in. Mr. Comacho said that a year ago they had hired a fire sprinkler company to install fire sprinklers, but the company had abandoned the job. Mr. Comacho was working with Mr. Tarmey and they later found out the reason why the hired company had not finished the job. The water in the port did not belong to the City of Dania or the City of Ft. Lauderdale. After some further investigation, they found that there was not sufficient water in the port for them to install the sprinkers. Exclusive Millwork had a wall that had caused a violation back in 1995. The wall was taken down in 1995 but the company had discussed with Mr. Tarmey about putting the wall,up. Mr. Tarmey had recommended a contractor to Exclusive Millwork to put the wall up, and the plans are now underway. Chairman Bettor said that he would be in favor of granting an extension to Exclusive Millwork based on them doing past jobs successfully. Mr. Johnson asked for Building Official Ken Koch to come forward and give some input. Building Official Kenneth Koch came forward and was sworn in, and gave the following testimony. Mr. Koch said that the company had been working with Mr. Tarmey in order to resolve the violation. Mr. Koch said that he would be supportive of the extension. Jimmy Peterman asked how many Dania Beach Code Board Summary Minutes 4 October 6,2003 days of extension would the company need. Mr. Comacho said about 90 days would be inclusive with the plans being processed. Attorney Ryan said that there is a fine running due to the authorization to foreclose, so the suggestion would be to let the company work quickly to comply, and then return to the board for an abatement. Attorney Ryan said there would be no need for an authorization to foreclose now because the case would be granted an extension. It was on the motion of Gary Luedtke to extend the authorization to foreclosure. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor- yes 8) Authorization to Foreclose - #02-2646—Abraham T & Cindy Padavathil—42 SW 14 Street Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. The fine was confirmed on 3/03/03. This was a violation of Public Nuisance, trash outside and overflowing dumpster. This was a repeat order that was issued on 6/13/02 and it ran thru 7/16/02 for 34 days. Chairman Bettor asked if there was anyone representing Abraham T & Cindy Padavathil. Abraham Padavathil, 2690 Brim Way, Hollywood, FL, came forward and was sworn in. Chairman Bettor asked Mr. Padavathil how come he allowed the fine to escalate. Mr. Padavathil said that he did come in for an abatement and it was dismissed. Chairman Bettor asked was it denied. Mr. Padavathil said yes it was denied. Mr. Padavathil had been before the city commission and they had agreed with the board's order. Attorney Ryan said that since the case had been before the city commission, the board could now only rule for a foreclosure. It was on the motion of Judy Jensen to authorize the foreclosure. The motion was seconded by Tim McLeod. Chairman Bettor asked Mr. Padavathil if he wanted to say anything further. Mr. Padavathil said he needed more time to pay the fine. Attorney Ryan said that there could be a payment schedule and asked Mr. Padavathil for a payment proposal. Mr. Padavathil said that he could afford a $100.00 per month to pay off the fine. Chairman Bettor asked the board for further discussion. After some discussion, Attorney Ryan reiterated the motion which was an authorization to foreclose if Mr. Padavathil does not make the payment of$100.00 or more per month. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-no Jimmy Peterman-no Gary Luedtke-yes Richard Bettor- yes Attorney Ryan's office will send a letter to Mr. Padavathil stating the payment agreement between the board and Mr. Padavathil. Dania Beach Code Board Summary Minutes 5 October 6,2003 7) Request for Abatement - #00-2264—Davie Espeut—266 SW 8 Street Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. This was originally heard by the board on 7/01/02. The compliance date was 9/14/02, and the defendant did not comply until 1/16/04. The fine ran for 489 days at $150.00 per day plus $100.00 recording fee which totaled $73,450.00 owed. The fine was confirmed on 3/03/03. The board authorized the property to foreclose on 10/06/03. Gary Luedtke asked if notice was properly served. Mr. Dubisky said yes. Chairman Bettor asked if there was anyone representing Davie Espeut. Davie Espeut, 9472 NW 45 Place, Sunrise, FL 33351, came forward and was sworn in. Mr. Espeut said that he did not receive notice that the property was in violation. The first time he had notice of the violation was upon his father showing him the certified mail. He later found out that the previous mails were sent directly to the property and the tenants had not notified him. Mr. Espeut said that he then contacted Mr. Dubisky and Attorney Tim Ryan in order to determine how to rectify the situation. He complied all the violations 1/16/04 because he needed to get an occupational license. Judy Jensen asked if Mr. Espeut visits his property. Mr. Espeut said,that he keeps asking the tenants to keep the property clean. Judy Jensen made a motion to deny the abatement request. Chairman Bettor told Mr. Espeut that the motion is to deny the abatement. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes Chairman Bettor told Mr. Espeut that this board is only a recommending board, and he could go before the city commission for a final decision. 8) Authorization to Foreclose - #00-1926—Exclusive Millwork Inc. —3277 SE 14 Avenue Fire Marshal Edward Tarmey came forward, was sworn in, and gave the following testimony. Mr. Tarmey said that he originally sent a violation notice on 10/25/01 stating there was a violation of a fire sprinkler code because of a wall being removed. The removal of the wall required additional sprinklers in the building. On 11/29/01 they were again notified by code enforcement of the date of 2/27/02 to comply. The board gave the defendants 120 days to comply or a fine of $100.00 per day. After 120 days had expired, Mr. Tarmey had called and asked the fire contractor why was the work not started. The contractor stated that the contract had been broken by Exclusive Millwork, so there was no fulfillment of the task. On 6/06/03, Mr. Tarmey sent Exclusive Millwork a letter stating that a fine had been running and the amount was up to $30,400.00. On 9/03/03, Charles Comacho, a representative of Exclusive Millwork contacted Mr. Tarmey saying that the management and staff wanted to meet and discuss coming into compliance. At the board meeting on 10/06/03, the board granted a 90 day Dania Beach Code Board Summary Minutes 4 February 2,2004 extension; however, the authorization to foreclose is now scheduled. Chairman Bettor asked if there was anyone representing Exclusive Millwork. David Schottenfeld, 7520 NW 5 Street, Plantation, FL, came forward to represent Exclusive Millwork as the attorney. Mr. Schottenfeld said that the problem to fix the fire sprinkler is due to there not being enough water pressure. The wall that was removed to cause the violation will be replaced. The building department had done the electrical inspections and the wall will be inspected once it is replaced. Mr. Schottenfeld asked for a 60 day extension since the wall will need to be completed. Attorney Pinsky said that the board could give an extension even though it is an authorization to foreclose. There was some discussion and questions by the board members in respect to if the wall will be completed. It was on the motion of Tim McLeod to foreclose the case. The motion was seconded by Judy Jensen and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 9) #02-3185 Eric Wear 5601 SW 24 Avenue Ft. Lauderdale,FL Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This was a violation of Chapter 13, Section 13-23, Public Nuisance, the grass and weeds need to be cut and maintained. As of today, the property is not in violation, but requesting a finding of fact that the violation did exist. Chairman Bettor asked if there was anyone representing Eric Wear. Eric Wear, 5601 SW 24 Avenue, Dania, FL 33312, came forward and was sworn in. Mr. Wear said that he does not have to cut the grass at a certain time of the year because it does not grow, and now the grass is not high. Mr. Dubisky said that there is a backlog of cases, and he had re-inspected the property before it came to the board. Some areas of the property have high grass, but Mr. Dubisky said that he was being lenient not to recite Mr. Wear. Mr. Dubisky submitted one photo. Chairman Bettor asked Mr. Wear if the picture represented his property. Mr. Wear said yes it is his property. Chairman Bettor advised Mr. Wear that if the violation occurs, he will be a repeat violator. Gary Luedtke made a motion to adopt the finding of fact by Officer Dubisky, that the violation exists, and no fine be levied. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-no Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes Dania Beach Code Board Summary Minutes 5 February 2,2004 progress. Mr. Gilbert Thomas, 333 SE 3 Terrace, came forward and was sworn in. He stated that they discovered some erosion problems which will require a construction expert to go in and determine the extent of damage and how much construction needs to be done to the house. Inspector Tullos recommended that he be given the time he is requesting because he has complied on all of the other violations except this one. Chief Inspector Johnson recommended that the defendant bring some documentation after this extension to show what is being done. David Nuby made a motion to give a 90 day extension from 12/22/2004 and Judy Jensen seconded the motion. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith T lacro-yes Richard Bettor-yes 6. Request for Abatement—Case#0-2113—Jean S. MaX* urice 1 SW 8 ST Code Inspector William Dubisky came forwar d was sworn in. He stated that this case was originally heard by the BoN /06/04 for 1 violation. The compliance date was 06/14/02 and the def not comply until 12/06/02. A fine ran for 175 days at $75.00 per d100.00 recording fee equals $13,125.00. The fine was confirmed on 10/07/02. This was a violation of Chapter 14. The gentleman had a e of inoperable and unlicensed vehicles in his back yard. After the hearing h ed one and called for reinspection on 12/06/2002. Chairman Bettor ask if there was anyone representing Jean Maurice. Jean Maurice, 271 SW 8th treet came forward and was sworn in. Mr. Maurice stated that d removed one of the vehicles and put the tag for the -other vehicle in th . He presented the registration to Chairman Bettor which showed a registr ate of 11/02/02. Jimmy Peterman made a motion to abate this to $1500 ue to the fact that there was a miscommunication betwekos ator and the Inspector. The motion was seconded by Tim M-Le ried on the following roll call: David Nu Tim McLeod-yes Judy Jensen-no Jimmy Pete an-yes Gary Luedtke-no Judith Tulacro-yes Richard Bettor-yes 7. Request for Abatement- Case 904-1926 - Exclusive Millwork Inc.-3277 SE 14 AVE Fire Marshall Ed Tarmey came forward and was sworn in. He stated that this case came before the Board on 04/01/02 for one fire violation. The Board issued a final order giving the defendant 120 days to comply or a fine of$100.00 per day would be levied. The compliance date was 8/24/02 and they did not comply until 11/19/04. The fine ran for 818 days at $100.00 per day plus $100.00 recording fee equaling $81,900.00 owed. The fine was confirmed on 12/02/02 and the case Dania Beach Code Board Summary Minutes 3 January 3,2005 was brought before the Board on 10/06/03 for foreclosure. The Board gave a 90 day extension on the foreclosure action. The foreclosure was authorized on 02/02/04. Chairman Bettor asked if there was anyone present representing Exclusive Millwork Inc. Ernest Graef, 3700 Salt Ocean Mile, Fort Lauderdale, Shelly Winn, 11422 Carzon Court, Boynton Beach, and Attorney David Schattenfeld came forward. Ernest Graef and Shelly Winn were sworn in. Attorney Schattenfeld stated that the original order proved impossible to comply with because they ascertained that it was necessary to have a water pressure test conducted which Broward County had to authorize. The results of the test proved that there was. insufficient pressure to install what they were ordered to install. The other option was to install a water pressure pumping station on the property. It was agreed with the Fire Chief that reinstallation of a fire wall was a viable option. Mr. Winn explained the process in which they wer engaged in order to bring the property into compliance. Mr. Ernest Graef laAN ined and presented documentation to show that they had spent at least $35, 0 bring the property into compliance. Judy Jensen asked why they did not ask y extension of time. Fire Marshal Ed Tarmey stated that there were no requests made for extension of time. He said that there was inAt no activity on the case for 10 months until the Fire Marshal sent them a letter informing them of the running fine. Mr. Graef pleaded with the d to abate the fine because although it took them a long time to bring the pro rty into compliance, they did eventually comply. Timothy McLeod made a motion to deny the request for abatement. Jimmy Peterman ded the motion and carried on the following roll call: David Nuby-no Tim Mc eod-yes Judy Jensen-yes Jimmy Peterman-ye Gary Luedtke-yes Judith Tulacro-yes 'Q Richard Bettor-yes 8. Motion to enter Amend Supplemental Orders—Cases # 04-0052 and # 04-005 & J Properties of Broward, Inc. — Vt &,2"d vacant lots north of 34 SE ve Timothy R , Esq. gave testimony in these two cases as follows. He made a proposed amended supplemental order and explain that it was going to be an extension of time for 90 days after the permit was issued to give sufficient time to the defendant to go through the variance request. The owner of these properties had surfaced the area with stone (gravel) and had not gotten a permit. When he came in and made an application, he realized that based upon the square footage there was one parking lot short on the available space so he needed to go before the City Commission and request for a variance. Tim Ryan also stated that the initial order on this case did not give the defendant enough time to go through the planning and zoning process. Attorney Ryan said it was the recommendation of staff to grant a motion to amend a supplemental order to give them 90 days. Chairman Bettor asked if there was anyone present to represent J & J Properties. Attorney Harry Hipler came forward and stated that his understanding was that Dania Beach Code Board Summary Minutes 4 January 3,2005 City of Dania Beach Fire Rescue Bureau of Fire Prevention 100 West Dania Beach Blvd. Dania Beach, FL 33004 (954) 924-3656 (954) 924-3733 FAX City of Dania Beach January 3�d, 2005 Code Enforcement Board Case # CEB 0-1926 Exclusive Millworks Historic Time Line 1. October 25th, 2001- Exclusive Millworks is inspected and a violation notice is sent to the attention of Mr. Ernest Graef at P.O. Box 350507, Ft. Lauderdale, FI. 33335. The violation notice cites South Florida Building Code, Chapter 38, section 3801.3(e)(1) which requires the installation of a complete automatic fire sprinkler system in Group F, Division 1 buildings exceeding 20,000 square feet. Exclusive Millworks created this violation, when by their own admission and without a demolition permit, they removed the two hour fire division wall that divided the building into two sections under 20,000 square feet each. When the building was originally constructed this fire wall gave relief from the fire sprinkler requirements because the Code required you to address each section of a building separated by a two hour fire wall as a separate.building. 2.. November 29th, 2001 — The City Code Enforcement Department sends a violation notice, Case Number 0-1926, and we give Exclusive Millworks until 2/27/2002 to comply with the sprinkler violation. 3. March 1st, 2002 — I re-inspect the facility and take a photo for file showing non- compliance. I receive no communication from Exclusive Millworks regarding this case or the violation. 4. April 1st, 2002 — This case goes before the City Code Enforcement Board and they are given 120 days to comply with a compliance date of August 24th, 2002. At this meeting, Mr. Shelly Winn presented himself as an officer and owner of the building,along with Mr. Ernest Graef. According to the minutes recorded during this meeting, they presented a written contract by a fire sprinkler contractor to install the fire sprinkler system. This contract was not copied nor taken into evidence at this meeting. 5. August 24th, 2002 — This is the date of compliance for Exclusive Millworks. There has been no work, submittals or communication by anyone, including the proposed contractor hired to do the work. A one hundred dollar a day fine begins. 6. June 6tn, 2003 — Ten months pass without any contact from Exclusive Millworks. As a courtesy, I write a letter to Mr. Ernest Graef and explain that Exclusive Millworks has not complied with the board order and that a fine of $30,400.00 has compiled as of June 5tn, 2002. 1 also inform him that I am forwarding the case for foreclosure review. 7. July 7tn, 2003 — I am contacted by Joe Galloway from Hang Fire Sprinklers, Inc on or about this date. We did one fire flow test on southeast 14tn Avenue adjacent to Exclusive Millworks. The available water at this hydrant appeared to be insufficient to support a fire sprinkler system. I contacted Captain Richard Cavanaugh, with Port Everglades Fire Department, and inquire if a valve may be closed in the system causing the reduction in pressure. This situation is checked and all valves are in the open position. Joe Galloway and I suggest that a 24 hour meter is installed to give a better picture of the water supply. ( See July 9tn 2003 letter from Hang Fire) This letter also notes that the water supply as tested this day is inadequate to support a fire sprinkler system and I suggest that they re-install the 2 hour fire division wall. [ It should be noted here that the authority having jurisdiction or the fire marshal cannot design buildings or fire protection systems but does have the power to accept alternative methods if presented to him] I made this suggestion in a good faith effort to resolve this issue. 8. July 10tn, 2003 — Charles Camacho, Chief Operating Officer, writes to David Schottenfeld and informs him of the suggestion to do a 24 hour meter test. Mr. Camacho calls me and we discuss having Hang Fire do several flow tests at different times to obtain flow data. He also informs me that the county will not do a 24 hour meter and it is the responsibility of the contractor to obtain flow test data. I agree to let Hang Fire do random tests. 9. July 14tn, 2003 — Hang Fire sends Exclusive Millworks a proposal to do 4 flow tests in a 24 hour period. 10. July 241n & 25tn, 2003 — Hang Fire conducts flow tests. I am not present or informed of the tests. 11. July 291n, 2003 — Hang Fire notifies Exclusive Millworks that the water supply is not sufficient to supply the fire sprinkler system that they have asked for. 12. August 28tn, 2003 — I meet with Charles Camacho, Shelly Winn and Ernesto Graef at Exclusive Millworks to discuss the issue. We discuss the fire sprinkler system and I inform them that if they offer to replace the 2 hour fire division wall that I could accept that as a remedy. We all agree at the conclusion of the meeting that they would re-install the fire division wall. 13. September 26tn, 2003 — I meet with Charles Camacho and do a "courtesy review" on the installation of a new two hour fire division wall. This is not a formal submittal with a permit application, only a preliminary review of the proposed work. I made noted comments to Mr. Camacho on the plans and he took them with him. In the memo dated September 29tn, 2003 from Charles Camacho to David Schottenfeld, Mr. Camacho states that the plans will be submitted to the city "no later than Friday 10/02/03." Exclusive Millworks receives a foreclosure notice letter from the city. 14. October 6th, 2003 — Code Board Meeting. Exclusive Millworks is given 90 day extension on foreclosure authorization. 15. October 9th, 2003 — Building department receives 2 hour wall plan. 16. October 20th, 2003 — Fire plan review done. Plans are returned for revisions. 17. October 22, 2003 — "Willie" takes plans from the building department for corrections. 18. November 24th, 2003 — Charles Camacho returns the plans for re-review and approval. 19. December 1st, 2003 — Fire Marshal approves the wall plans and electrical application for fire door annunciator. 20. December 17th, 2003 — Permit package is picked up from the building department. 21. January 28th, 2004 — Electrical rough approved. 22. January 28th, 2004 —Wall framing inspection done by James Savage. 23. February 2"d, 2004 — I have a phone message memo from Charles Camacho saying that he is no longer associated with Exclusive Millworks. I return his call and discuss the situation and how it has dragged out for over two years. I inform him that there is a Code Enforcement Board meeting tonight for authorization to foreclose on Exclusive Millworks. 24. February 10th, 2004 — Fire wall insulation inspection approved. 25. February 13th, 2004— Dry wall partial inspection approved. 26. March 9th, 2004 - No inspections have been requested for the fire division wall since February 13, 2004. The permit is still outstanding and has not been finalized. I have not been requested for final inspection or function testing of the fire door system. This case has been ongoing now for two years and four months. 27.September 21, 2004— Electrical Final approved. 28.September 23rd, 2004 — Structural Final fails inspection. Zoning Final approved. 29. October 15th, 2004 — Fire system is certified by Advanced Fire and Safety. 30. October 26th, 2004 — Structural final approved. 31. November 16th, 2004 - Fire Final fails — Smoke detector fails to operate the audio visual signal devices. Heat detectors are not properly mounted to an approved junction box. Alarm circuit does not have lock-out on circuit breaker. 32. November 19th, 2004 - Fire Final approved. 33. January 3rd, 2005 — Code Board meeting — Exclusive Millworks Request for Abatement. AGENDA REQUEST FORM CITY OF DANIA vvll�w Date: 1/18/05 Agenda Item #: Title: Request for Partial Release of Lien Requested Action: Consideration of the Partial Release of Lien Request for Jerry Fowler—CEB94-0111 and CEB93- 0154—801 NW 12 Avenue. Summary Explanation & Background: There are two existing liens on this property located in Dania Beach (as shown above) and the property is owned by Jerry Fowler. When the liens were recorded the liens attach to any/all property owned by Jerry Fowler. Mr. Fowler owned property in the town of Davie and sold it. When a search was performed, the City of Dania Beach liens came up and they are requesting that the City release the liens as to the Town of Davie property only. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending release as to the property in Davie only for the sum of$1,000.00 administrative fee. (2) Copy of the Orders issued by the Code Enforcement Board. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends partial release of lien as to the Davie property only for$1,000.00 administrative fee. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Partial Release of Lien Case #'s CEB94-0111 & CEB93-0154 Jerry Fowler 801 NW 12 Avenue DATE: January 18, 2005 On 12/06/04, the Code Enforcement Board heard a request for a partial release of lien on the above referenced property. There are two liens in the name of Jerry Fowler on the above referenced property. Mr. Fowler owned property in the Town of Davie and when these liens were recorded they attached to the property in Davie. A request is being made to release the liens as to the Davie property only. The Code Enforcement Board, after hearing testimony on 12/06/04, decided by unanimous vote to recommend releasing the lien, as to the Davie property only, for an administrative cost of$1,000.00. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairman RB/gb 94-373765 T:1*0()l )7-29-94 122:52PM CODE ENFORCEMENT BOARD CITY OF DANIA, FLORIDA CITY OF DANIA, a Florida CASE # CEB93-0154 municipal corporation AMENDED FINAL ORDER N PLAINTIFF, w cn VS. tv Jerry Fowler Defendants ORDER OF THE DANIA CODE ENFORCEMENT BOARD Whereas on October 6, 1993 an Final Order was entered in the case CEB93-0154 . Finding that Jerry Fowler was in violation of Chapter 13 , Section 13-23 ; Public Nuisance, Code of Ordinances, City of Dania; and, Whereas this violation was a repeat offense and provided that each future occurrence would impose a $50 per day fine; and, Where as an affidavit of William Johnson, Chief Zoning/Code Enforcement dated. A copy of which is here to an made part of hereof. Verified the reoccurrence of this violation which reoccurred on May 12 , 1994 . Wherefore it hereby ordered that the automatic fine as provided for in said order of October 6, 1993 , be reimposed for each day on and after said date of May 12 , 1994 until said violation has been corrected. Return to : Wanda Mullikin , City Clerk 100 W . Dania Bch Blvd . Dania , F1 33004 page 2 The City of Dania shall have and recover from Defendants, Jerry Fowler, a fine in the amount of $50. 00 per day for each and every day after May 12, 1994, that said violation exists. Said fine shall constitute a lien upon the aforedescribed real property and personal property of the defendant. ORDERED at Dania, Broward County, Florida, this 20th day of July 1994 . DANI CODE E FORCEMENT BOARD s rz Notary Seal: MA.RiAN A. TNUMAS x; Notary Pu�!:c, State of Florida + By: ce'-m. a fires lone 27, 1� i i - Pegg schoten, Chairman f rr ?71 Sworn and subscribed before me this �d day of July 1994 . NOTARY PUBLIC SAT �OFFLORIDA Peggy Breeschoten is personally Marian A. Thomas known to me. My Commission Expires 6/27/95 Florida #CC 121971 l N r:. W 1 Ln N C� AFFIDAVIT STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned authority, this day personally appeared William Johnson who after being duly sworn, deposes and says: 1. That he is Chief Zoning/Code Inspector of the City of Dania, Florida. 2. That in his capacity as said Chief Zoning/Code Inspector of the City of Dania, he inspected the premises known for street purposes as 801 NW 12 Avenue, Dania, FL 33004. . Which is owned of record by Jerry Fowler, and found that the premises were in violation of Chapter 13; Section 13-23; Public Nuisance, Code of Ordinances, City of Dania. 3. Said inspection was made on May 12, 1994. 4. FURTHER AFFIANT SAYETH NAUGHT. N Affiant: William Johnson w icn SWORN TO and subscribed before me this � day of July 1994. WILLIAM JOHNSON IS PERSONALLY KNOWN TO ME. n% c Notary Public ;° NOTARY STAMP NIARIAN MARIAN A. THOMAS - ;yx NOTARY PUBLIC STATE OF FLORIDA 'n"' of , , l.ni _;'. 4s COMMISSION #CC121971 EXPIRES JUNE 27, 1995 :. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Jerry Fowler, 801 NW 12th Avenue, Dania, Florida 33004, this ��ay of July, 1994. CERTIFIED MAIL Z 716 416 768 C.!2. E�. .RCEMENN BOARD CLERK (N ;ca ,Ln -v tom; RECORDED 1!4 THE GF'r!rL1L RECORDS 80OX OF BROWARO CWNT( FLORlCq COUNTYAOWINIS7RATOR DANIA CODE ENFORCEMENT BOARD 100 WEST DANIA BEACH BLVD. DANIA, FLORIDA 921-8700 EXT 254 CASE CEB93-0154 CITY OF DANIA, a Florida Municipal Corporation, Plaintiff FINAL ORDER VS. JERRY FOWLER ------------------------------------- TO: JERRY FOWLER 801 NW 12 AVE DANIA, FL 33004 ORDER OF THE DANIA CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on 10/06/93, after notice. Upon evidence presented, the Board finds: 1. Defendant(s) , JERRY FOWLER, 801 NW 12 AVE, did allow a code violation to exist at 801 NW 12 AV in Dania. Folio #: 0233-00-0012/ / / , Legal Description being: BEG 25 W OF SE COR OR NE 1/4 OF NE 1/4 OF NE 1/4, W 160, NW 103 . 99 NE 100, E 135. 63, S 140 TO POB also known for street purposes as 801 NW 12 AV DANIA, FL 33004. 2 . Defendant Jerry Fowler did allow a violation of Chapter 13 ; Section 13-23; Public Nuisances Code of Ordinances, City of Dania by allowing the accumulation of junk, trash, garbage and other materials to be stored on property, and the overgrowth of weeds and grass. This is considered to be a repeat offense of this violation by the Dania Code Enforcement Board. Upon consideration there of, the Board upon motion of Beulah Lair, seconded by Donald Duffy, and the unanimous vote of seven board members, namely, Richard Bettor, Peggy Breeschoten, Alex Buchsbaum, Arthur Coachman, Donald Duffy, Beulah Lair, and William Sargent. ORDERED: 1. Defendant Jerry Fowler shall have until October 13, 1993 in order to: (a) Come into compliance with Chapter 13; Section 13-23; Public Nuisances by removing trash, junk garbage and all other debris from property. (b) This is a REPEAT VIOLATION OFFENSE and if said Public Nuisance violation reoccurs, fines will begin immediately at $50.00 per day upon notice of violation by the Code Enforcement Division of the City of Dania. The City of Dania shall have and recover from Defendant(s) , Jerry Fowler, a fine in the amount of $50. 00 per day for each day after October 13, 1993, and EACH OCCURANCE THEREAFTER, said violation exists. Findings of facts are that a violation(s) of Chapter 13 ; Section 13-23 does exist through personal testimony of the Code Enforcement Officer, William S. Johnson, and the presentation of pictures and/or evidence. In the event this Final Order is filed/recorded as a lien a charge of $55. 00 will be imposed. In the event a Lien satisfaction has to be prepared a charge of $45.00 will be imposed. ORDERED at Dania, Broward County, Florida, 10/06/93 . Notary Seal: DANIA ODE ENF CEMENT BOARD OFFICIALAl LOU ANN CUNNINGHAM BY: NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO.CCIS1759 eg reeschoten MY COMMISSION EXP.FEB.2(1d996 Cha rperson,, Code Enforcement Bd. Sworn and subscribed before me this day of October, 1993. r Ali- Peggy Breeschoten is personally 4ou Y PUB C STATE FLORIDA known to me. Ann Cunningham My Commission Expires 2/20/96 Florida ICC181759 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing FINAL ORDER was mailed to the Defendant, JERRY FOWLER at 801 NW 12 AVE, , DANIA, FL 33004, this Cday of ' October, 1993 . 470DE ENFORCEMENT CL CERTIFIED MAIL P 195 144 788 94_4344I. I. T1101.7 Lii-04-94 ti N CODE ENFORCEMENT BOARD CITY OF DANIA, FLORIDA CITY OF DANIA, a Florida CASE # CEB94-0111 municipal corporation ' J PLAINTIFF, FINAL ORDER VS. + JERRY FOWLER Defendant . ORDER OF THE DANIA CODE ENFORCEMENT BOARD This proceeding came on for Formal hearing on August 1, 1994, after notice. Upon evidence presented, the Board finds: 1. Defendant, Jerry Fowler, did allow code violations to exist at 801 NW 12th Avenue in Dania (Legal description being: 33-50-42, BEG 25 W OF SE COR OF NE1/4 OF NE1/4 OF NE1/4, W 160, NW 103.99, NE 100, E 135.63, S 140 TO POB) FOLIO No. 0233 00 0012. 2. Defendant, Jerry Fowler, did allow the following violations to exist: Chapter 13; Sec. 13- 23; Public Nuisance Violation, Code of Ordinances, City of Dania to exist by not cleaning and maintaining the pool on the above listed property. Chapter 28,Zoning; Sec. 4.20; Zoning Use Regulations, Code of Ordinances, City of Dania to exist by converting a single family resident into multifamily units which is not allowed in a Residential (RS-6000) Zoned District on the above listed property. Upon consideration thereof, the Board upon motion of Richard Bettor, seconded by William Sargent, and the unanimous vote of seven board members, namely, William Sargent, Richard Bettor, Beulah Lair, Alex Buchsbaum, Arthur Coachman, Donald Duffy, Peggy Breeschoten. it is, / :7 VVV FIt7AL ORDFR -CE,B94-• 111 PAGE 2 ORDERED: 1. Defendant, ' Jerry Fowler: (a) Has come into compliance with the violation of Chapter 13 ; Sec. 13- 23 ; Public Nuisance by draining the pool on the above listed property. The defendant, Jerry Fowler, must come into compliance with Chapter 28, Zoning, Sec. 4.20; Zoning Use Regulations, by converting the house back to single family resident on the above listed property. The City of Dania shall have and recover from Defendant, Jerry Fowler, a fine in the amount of $100 per day for each and every day after August 15, 1994, that said violation continues to exist. Said fine shall constitute a lien upon the aforedescribed real property and personal property of the defendant. Findings of facts are that the following violations: Chapter 13 ; Sec. 13-23; Public Nuisance; Chapter 28, Zoning, Sec. 4 . 20; Zoning Use Regulations does exist through personal testimony of the Code Enforcement Officer, William Johnson and the testimony of the Electric Inspector, Anthony Schiavone, of the City of Dania and the presentation of two photographs . 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 be to prepared a— charge of $45 . 00 will be imposed. NO ORDERED at Dania, Broward County, Florida, this 1st day of August 1994. � 21 '^ DANIA CODE ENFORCEMENT BOARD A. TNC'MAS Notary Seal. Notary Pubic, Stet of Ficri!-"l r"Y c "1 By: e eeschoten, Chai an Sworn and subscribed before me this day of August 1994 . NOTARY PUBLIC STATE OF FLORIDA Peggy Breeschoten is personally known to me. Marian A. Thomas My Commission Expires 6/27/95 Florida ,#CC 121971 FINi.L ORDER CEA94-0111 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Jerry Fowler, 5400 Griffin Road, Davie, FL 33314, this J r�_ day of August, 1994 . CERTIFIED MAIL Z 716 416 849 r C hC 'iJ 1l'h14 I'N:.i-I"PATi1R CODE ENFORCEMENT BOARD CLERK ti N Cn r, �D �Ir+ 4 LAW OFFICES � RYAN & RYAN, LLC AW THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD A DANIA BEACH,FLORIDA 33004-3090 03 / ARCHIE J.RYAN III TIMOTHY M.RYAN TELEPHONE(954)920-2921 CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247 MARK C.ELIA KAREN A.MAROZSAN 'Board Certified City, County and Local Government Lawyer r Mr. James Grace 110 N.W. 81"Avenue Dania Beach, Florida 33004 Re: Estate of Robert Grace Request for Abatement of Liens Our File Number: 19422D Dear Mr. Grace: My office serves as special counsel for the City of Dania Beach in reference to your request for abatement of five lot mowing and debris removal liens on property located at 215 N.W. 6`h Avenue. Your request for abatement was heard by the Dania Beach City Commission on November 20, 2003. The City Commission agreed to abate the liens by fifty percent provided you executed a restrictive covenant on the two lots which would only ailow for construction of one single fan�iiy residence on the property. The Commission's abatement also required that you transfer title of the property from Estate of Robert Grace to the beneficiaries of the estate. If the Estate of Robert Grace has been probated,please provide me with a copy of the Letters of Administration and the Personal Representative's Distributive Deed for this property. Please also provide me with a copy of the title insurance policy showing title in your name or the beneficiaries' names so that the Restrictive Covenant can be prepared by my office. A copy of the minutes of the November 2003 City Commission meeting is enclosed. Please also note in the minutes that the City Commission's abatement required you transfer title to the beneficiaries by May 20, 2004. a r Mr. James Grace January 10, 2005 Page Two If the Estate of Robert Grace has not yet been submitted for probate administration, please contact my office as soon as possible. Thank you for your prompt attention to this matter. e truly yPV TIM DTHY M. RYAN TMR/rl Encl. cc: Ivan Pato City Manager Larry Leeds Community Development Director Louise Stilson City Clerk rr r , INS T R# 104535281 .Parcel Identification No:10234-01-43 100 OR 8K :36632 Pages 1506-1507 RECORDED 12/02/04 14:M16 BROAARD COUNTY COMMISSION This Instrument Prepared B ooc sTMp_D: $0.70 p y DEPUTY CLERK 1911 and Return to: #1 2 Pages James A. Grace �> 213 N.W. 6"'AVENUE DANIA FL 33004 QUITCLAIM DEED This Quitclaim Deed, made this 15th day of October, 2004, between Mary Grace Bostick a married woman, Gloria Grace Thompson a married woman, Jeanette Grace Harris a single woman, Joyce Grace King a married woman, Norma Grace Cass a married woman, Alice Marie Grace a single woman, John A. Grace a single man, whose address is 213 N.W. 6`h Avenue Dania, Florida 33004, Grantor, and James A. Grace a married man, whose address is 213 N.W. 6'h Avenue Dania, Florida 33004, Grantee. Witnesseth, that the Grantor, for and in consideration of the sum of------------TEN & NO/100 ($10.00)--------------- ----DOLLARS, and other good and valuable consideration to Grantor in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and quitclaimed to the said Grantee and Grantee' heirs and assigns forever•, the following described land, situate, lying and being in the County of BROWAR.D, State of Florida, to-wit: Lot 19 and 20, Block 31, TOWN OF DANIA, according to the Plat thereof, as recorded in Plat Book B, Page 49, of the Public Records of Broward County, Florida. To Have and to Hold the same 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 law or equity, for the use, benefit and profit of the said Grantee forever. In Witness Whereof; the Grantor has hereunto set he'she hand and seai.the day and year first above written. Signed, sealed and delivered in our esence: -n -R4try i7! c Unstick --- c�tS r2C�<'JrJ1'7 �!�r� h_.�._ Gy;1ia(gacr lrumpson �l' cssx SiMaltIce Print _`I��:�;5� 6TC'�rJ� I?da�t ' K^' W. N s sign t[ r Prin , enCis ���jtnCSSn1 Sl'71IUf Print ,tn s 2 Sij.natur tint / 1 r c arc ding _ ,rl. \6,itness#1 Signal e.'rint I tint ht e �'2 s•h, ri Sign p'\�pt Va �i ness#1 Signat , �.P r ' w ess#I S' t rtn ' ' witPdw if2 Siknature r t A n nn. irtacc x ) Print r C r ^ iness Si atu Pri t STATE OF FLORIDA Wi ncss#2 signatur Print I&yIV E COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged, before me this 15"' day of October, 2004, by of Mary Grace Bostick, Gloria Grace Thompson, Jeanette Grace Harris, Joyce Grace King, Norma Grace Gass, Alice Marie Grace, and John A. Grace., on there behalf. They are personally known to me or has produced as identification, SEAL ;• �:— ';`'. -cgs;- !`hristo�nef /` r Eu°1i`SI O N# DD029872 ht Notary ig are tfvll $ May 2.9, 20o5 )Y FAIN fNSURANC=,;NC My Commission Expires: Printed Notary Signature � �' Standby Site: Case Summary Page 1 of 1 BROWA D COUNTY 17 h JUDICIAL ICIAL. CIRCUIT OF FLORIDA Home I Online Services I FAQ I Fine Payments I My Account I Public Search I Downloads I Premium Search I Case Summary Broward County Case Number: PRC870004569 State Reporting Number: 061987CP004569AX: Court Type: PROBATE Case Type: ****OLD ESTATE CASES (PROBP Incident Date: N/A Filing Date: 07/10/1987 Court Location: CENTRAL COURTHOUSE Case Status: Disposition Entered* Case Parties Relationship Last Name First Middle Party Sex Race D.O.B. D.O.D. ID ID Nun Name Name Type Type 001 SCHLICHTE RAY A JR ATTR BARID 000000( 001 GRACE ROBERT L PRI N/A 11/15/0084 001 SCHLICHTE I RAY IAJR I RAGT N/A 001 KING IJOYCE I REP N/A GROSSMAN JIVIEL IJUDGE I JUDGE JU60J Related Cases There is no related case information available for this case. *Click Here for clarification of the case status. Case Detail ='- NOTE: Selecting the "Case Detail" button will deduct one unit from your account. Pay FI`rt`i'/Fee NOTE: The "Pay Fine/Fees" request may take up to 60 seconds. P-erform Another Search E Send comments or questions to: eclerk@clerk-17th-flcourts.org http://www.clerk-17th-flcourts.org/bccoc2/pubsearch/case_summary.asp?hidCaseNumber... 1/19/2005 4Wil WITNESS ------WITNESS NOTARY AFFIDAVIT STATE, OF COUNTY OF Oil before me.- V, r ?�)c SL- (Nul;17 Namc and Tillu), lie r-son ally known to i ne(or proved to me on I lie basi's of satisfactory cvidc"L:c)to be the person(s)whose 11,1111c(s)is larc [Ile withininstrument and acknowledged tome that 11c/slic/ij cy subscribed to I execute(]1110 S;Ilnc ill histher/their authorized capacity(ics) and that by (ill i.lie instrument the pcnsou(s),or the entity(llOn behalf of Which(lie person(s),Wed,executed[Ile,instrumcm. -V;1T,'q1iS51 111Y hand and official seal. (Nolirial Scal) Commissioner Chunn —yes Vice-Mayor McElyea—yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes—yes 3.7 Request by Frances Chapman, for abatement of Case #02-3276, folio #0235 06 0480. Property located at 521 N.E. 2"d Street. No one was present to represent Frances Chapman. Special Attorney Ryan presented the case outlining the hardship that Mrs. Chapman had experienced due to the unexpected death of her husband. The Code Enforcement Board recommended reducing the lien to $100.00. A motion was made by Commissioner Mikes, seconded by Commissioner Flury, to abate Item 3.7 (Case 902-3276) to $100.00 as recommended by the Code Enforcement Board payable within 60 days. The motion passed on the following 5-0 roll call vote: Commissioner Chunn—yes Vice-Mayor McElyea—yes Commissioner Flury—yes Mayor Anton —yes Commissioner Mikes-yes ITEMS 3.8. 3.9 & 3.10 WERE HEARD BEFORE ITEM 3.3 3.8 Request by James Grace (representing the estate of Robert Grace) for abatement of five (5) lot mowing and debris removal liens, folio #0234 01 4310. Property located at 215 N.W. 5d'Avenue. James Grace, 110 NW 8 Avenue, representing Robert Grace estate, requested a reduction of the liens on 2 lots (19 &20) from $7, 719.18 to something that he could pay personally. He explained that the property had been in his family for years and that several family members were disabled and in poor health and could not help financially. He advised that he had personally maintained the property for the past 11 years. In response to Vice-Mayor McElyea's question, Mayor Anton clarified that the liens were $7,830.78. In response to Vice-Mayor McElyea's question concerning the high amount of the liens, Mr. Grace answered that several people were involved, but he had taken it upon himself to get it resolved. Public Services Director Sheridan stated that lot-mowing issues were a hard cost for the City and that this particular lot required five lot mowings in addition to debris clearing and removal. Special Attorney Ryan wanted to know if Mr. Grace understood that if an amount was agreed on that,he would have to pay within 60 days. Mr. Grace indicated that he would be glad to pay an agreed amount within that time frame. In response to Commissioner Flury's question, Director Sheridan indicated that these liens were established between 1991 and 1993 and that there were five lot mowings, MINUTES 6 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS clearing of debris, and an unsafe structure removal, and that the amount included accrued interest. Commissioner Flury would not support reducing the liens because the City had incurred significant expenses. Commissioner Mikes confirmed that the building was not voluntarily removed and involved a legal process. In response to Mayor Anton's question, Commissioner Flury stated that the $1600 for demolition of the building did not include attorney's fees. Commissioner Mikes was disturbed that: these fees were over 10,years old, and the petitioner only came forward to address the issue at his time because he wanted to build on the property. ' Mr. Grace stated that although a number;of, people were involved, he had taken on almost the full responsibility. In response to Commissioner Mikes' question concerning getting an attorney and having the property put in;his name, Mr. Grace indicated it might be his next step, but he wanted to get this issue resolved first. Commissioner Chunn felt that Mr. Grace had done his best. In response to Vice-Mayor McElyea's question, Mr. Grace stated the lot sizes were 52 feet by 108 feet and they were back to back and went from one avenue to the next. In response to Commissioner Mikes' question, Mr. Grace indicated that the last assessed value he had was $14,400 for both lots and that these were now build able lots. A motion was made by Commissioner Flury, seconded by Commissioner Mi¢es,fto s; deny abatement of Item 3.8. (This motionwasreptaeaf=big thefolioin�na.`` ubst�fute motion Commissioner Mikes stated that he would be willing to waive half the fine if Mr. Grace agreed to combine both lots and build only one better-quality house for the neighborhood. Mr. Grace agreed to Commissioner Mikes' proposal.. A substitute motion was made by Commissioner Mikes to reduce the fine by 50% with the condition that one better-quality house be built on the two lots. Special Attorney Ryan advised the Commissioo_to—clacifk_for Mr. Grace that if the C mo mission did reduce a ine, he would be required to execute a restrictive covenant a so t�ha the two tots may only be constructed with one single-family residence, and if he failed to execute the restrictive covenant, Mr. Grace would be responsible for the full amount of the lien. He added that the restrictive covenant and the payment must be made within 60 days. Attorney Ryan also indicated that he would prepare the Restrictive Covenant. Commissioner Mikes thought that this action would be positive for the community. MINUTES 7 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS Commissioner Flury questioned whether or not Mr. Grace would be able to obtain the authority from other family members/property owners to do this. She questioned what would happen to the property if Mr. Grace would not be able to buy out the others. Mr. Grace stated that he would continue to maintain the property as he had for the past 11 years. In response to Mr. Ryan's question as to how many people owned the property, Mr. Grace indicated that there were eight individuals involved. City Attorney Ansbro suggested postponing action, interest free for six months, allowing Mr. Grace to come back with title. Commissioner Mikes amended his substitute motion, seconded by Commissioner Chunn, to abate; the $7,830.78 lien by fitty peircent, interest free for six, months, with the following conditions: 1) Mr. Grace would execute a restrictive.covenant so that the two lots-"may only be constructed with one single-family residence; 2) Mr. Grace would transfer title of the property to his name; 3) Mr. Grace would present,to the.City a title insurance policy that would show title guaranteed in his name; (4)' If the conditions were not met`within six months, Mr. Grace would be required to pay the full lien amount plus interest accrued to that date. The amended and substitute motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-(Mayor McElyea—yes Commissioner Flury—yes Mayor Anton—yes Commissioner Mikes —yes 3.9 Request by Eli Bohadanah for abatement of nine (9) lot mowing and debris removal liens, folio#0234 06 0100. Property located at 410 N.W. 3rd Street. 3.10 Request by Eli Bohadanah for abatement of seven (7) lot mowing and,,-debris removal liens, folio#0234 06 0110. Property located at 410 N.W. 3'd Street. Eli Bohadanah asked the City to waive the $100 recording fee for Items 3.9 & 3.10. He clarified that he was not asking for the lien to be reduced. Special Attorney Ryan felt Mr. Bohadanah was reasonable and noted that paperwork was done in-house at a cost of$6.00 per page plus staff time of$25.00 each. Mayor Anton confirmed that the total liens on both items totaled $5,140.58. In response to Commissioner Flury's question concerning cleaning the property, Mr. a Bohadanah explained that he had only recently purchased the properties and that he had been taking care of them since he purchased them. He clarified that the liens existed when he purchased the properties. He stated his intention to put all three lots together and build a house. City Attorney Ansbro recommended that all the City's hard cost would be paid plus the staff time. MINUTES 8 NOVEMBER 20, 2003 SPECIAL MEETING-ABATEMENTS r DrTO a � Z e ? O; arnO � m cn w cn CD N cn r. �- O m O.. m 0 � p chD _' � CD (D N r- v 7 O W N N 10 co CD CD (Dn NCDC.)N CO a) (D r► �� (�.> v o' FD Q DON N 3 �. N S 3 `� NNNNN So n � A � w v w �0 � C � wwwwc) DZon N �•� _ .-. N N N N N , . Z m 0 D o (D A S "fil, o � AAAA Ste: rTw � Z o c. ov � o �_ -qDo � O a r N Z m N Z ^ �' r. Q � � � � � D X D D � � NNo D (� � .z � 3 r1 '5 rn � c) K) ram` -I O ID �_y O o Cn N O O (D �D W �- —I CD 0 O � 3 0 000 � o � �` 1' y X 3 � v m.' 3 � AAAcn r, O m W 0) O c��D v wArnccooOv0 <D°1 r= CD rn N ;' m w cn � CD 0 r 0 v N a a o N O O cn' :O o0000 v 0 O :: O O o O O D wa CD =. 0 O (D (D O O CO 00 CD (D N m N N N N C CD O0 0 0 0 0 N O W OOOOO t.� O O fA EA (A fn (A �. \� O 0 0 0 0 0 \\ � CD O O N N O' cn Cn CA �I O ( v N Cn v W O _v �- O OA W J, 0) COD ^r. 03 oocnwo3 .69 D> N 69 D s' N N W W m N p00 COocno3 N � r* � O, COO co coo A .�► � { \ A O Co J O T 0 0 0 0 0 T � CD C) O O O O O Cp pC CD O CD O O 0 0 00 0 0 +^ \J`` EA to EA d9 EA AA., 0O V -4 p' O rt O W 0o Q) W Id O CA N 6 tr ' 00 A N co 00 co w x, O N N O o O - � OCoODco O W CA COO 000 00o O \ � O 00 O vCnOVA m m �mq-trn+ mow �n� S as o4-Vo d a r ter, S emr»i�srUn Y U) 1E C DANIA ECONOMIC DEVELOPMENT CORPORATION 210 N.W. 12th Avenue (Office) PO. Box 694 Dania Beach, Florida 33004-0694 (954) 921-7050 August 24 , 2004 Ms. Mimi Ceri Unsafe Structure Department 100 West Dania Beach Boulevard Dania Beach, Florida 33004 RE: Request for Abatement of Lien Dear Ms . Ceri : Dania Economic Development Corporation (DEDC) is currently planning to develop a single family home on the site of Town of Dania B-49 D Lots 19 & 20 , Block 31 . The City of Dania Beach has liens on the sub- ject site. To assist us in our efforts, we are herewith requesting abatement of the liens . Dania Economic Development Corporation (DEDC) is a not-for-profit corporation organized in 1982 under the provisions of the Florida Statutes and is exempt from federal income taxes under Section 501 (c ) ( 3 ) of the 1954 Internal Revenue Code, as amended, and is not a private foundation. DEDC is an organization whose primary purpose is to foster the economic and social development of underprivileged residents of Dania Beach, Florida. It would be greatly appreciated if our request can be placed on the agenda of the next scheduled meeting of the Unsafe Structure Department . Board. We are confident that the development of a single family home at this site will help enhance the aesthetics of the City and improve the stability of the neighborhood while providing homeownership opportunity for a very civic minded family. espectfu y, rry Darter r E ecutive Director No Q:�J-_rv� a 4-0 t —v- ATax