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HomeMy WebLinkAbout2004-11-18 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 18, 2004 - 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 Jocelyn Jones/Pat Jones, for abatement of Case #CEB00-0668. Vacant lot 200 Block NW I" Avenue in Dania Beach. (Folio #0234-01-0110) (Continued from July 29 and September 16, 2004) 3.2 Request by Elisabeta Patriche, for abatement of Case #03-5438, for property located at 200 S.E. 4th Terrace in Dania Beach. (Folio #1203-55-0010) (Continued from September 16, 2004) 3.3 Request by Allison Funes, for abatement of Case #02-3877, for property located at 5505 SW 441h Terrace in Dania Beach. (Folio #0136-10-0080) 4. ADJOURNMENT ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 18, 2004- 6:00 P.M. 3. ABATEMENT REQUESTS 3.4 Request by Davidson Forgues, for abatement of Case #CEBO1-0141, for property located at 1476 W. Dixie Highway in Dania Beach. (Folio #1203-00-0610). MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 16, 2004 - 6:00 P.M. 1. Call to Order • Mayor McElyea called the meeting to order at 6:05 p.m. 2. Roll Call Present: Mayor: C.K. McElyea Commissioners: Bob Anton Robert Chunn Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Absent: Vice-Mayor: Bob Mikes 3. Abatement Requests City Attorney Ansbro advised case #3.1 and 93.7 have requested a continuance until November 18, 2004. Commissioner Chunn motioned to continue Case #3.1 and #3.5 until November 18, 2004 at 6:00 p.m.; seconded by Commissioner Flury. The motion carried on the following 4-0 roll call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Chunn Yes Mayor McElyea Yes Request by Jocelyn Jones/Pat Jones, for abatement of Case #CEB00-0668. Vacant lot 200 Block NW Is' Avenue in Dania Beach. (Folio #0234-01-0110) Continued from July 29, 2004 Special meeting. L"requesting hillinger, Attorney for Nigel Joseph Williams and the Jones Family, sent a. letter to reschedule the hearing. Continued until November 18, 2004 at 6:00 p.m. LAW OFFICE OF LEE H. SCHILLINGER, P.A. F_WJ;L LD HILLS EXECUTIVE PLAZA 4601 SHERIDAN STREET♦SUITE 202 HOLLYWOOD,FLORIDA 33021 TE FXHONE(954)981.8388♦M2AINU LRa(305)444-8383 TELE FAX(954)962.0907 LEE H.SCHILLINGER' website:http://H-Aw.lawflorida.com COMDLERCIAL LITIGATION eni ll:fraudbusterObellsouth.net SFsCL21I11ES LUIGAITON ADDIITZED IN MUNICIPAL$ZONING FLORMA AND NM PORK September 14, 2004 VIA FACSIMILE & US MAIL 954-921-1247 Timothy Mcmanus Ryan, Esq. RYAN & RYAN, P.A. 700 E Dania Beach Blvd., 3" Floor Dania Beach, Florida 33004 Re: City of Dania Beach/Nigel Joseph Williams, et. al. Case No: CEB00-0668 Vacant Lot 200 Block NW 1 Avenue Dania Beach Florida Dear Mr. Ryan: Please be advised that the undersigned represents Nigel Joseph Williams and the Jones Family in the above-referenced matter. Please be advised that I am unavailable for the City Commission hearing scheduled for September 16, 2004 at 6:00 p.m. due to the Jewish holiday, Rosh Hashanah. Kindly reschedule the same to another date and tirne. Thank you for your kind attention to this matter. Sincerely Lee H. Schillinger LHS:eb cc: Nigel Joseph Williams & Jones Family City of Dania Beach - Gloria Brandes i A motion was made by Commissioner Flury, seconded by Commissioner Anton, to approve the Code Board's recommendation to abate the fine to $1,000.00 to be paid within 60 days and if payment was not made within 60 days, the fine reverted back to the previous amount. The motion passed on the following 5-0 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea — yes Commissioner Flury— yes 3.6 Request by Jocelyn Jones/Pat Jones for abatement of Case #CEB00- 0668. Vacant lot 200 Block NW 1" Avenue in Dania Beach. (Folio #0234-01-0110) Josh Pinsky, Ryan and Ryan, P.A., reported that this case was a little more complicated because the actual owner of the property was Nigel Joseph Williams who acquired the property, a vacant piece of land, from Ivory and Sean McCutcheon via a tax sale. He noted that the total amount of the liens was $39,300.00 levied from March 3, 2001 to September 15, 2001. Attorney Pinsky outlined the four violations initially on this property and noted that the liens exceeded the property value. He reported that a foreclosure action was authorized previously and a complaint has already been prepared and it is pending tonight's hearing before the Commission. Patricia Jones, 6861 NW 44'h Court, Lauderhill, explained that her family desired to start a non-profit organization for the purpose of educating children and families on how to function. She explained that Nigel Williams was a Canadian citizen and her daughter's boyfriend and was part of this venture. She explained that she and her husband had financed the property and had actually bought it by mistake by bidding on the wrong number and were now trying to sell it. She noted that they had paid all the small fines, but that this lien was double what the property was worth. She also noted that she was advised that there was $9,000.00 from the tax sale coming to them that they planned to use to pay the fine. She further noted that a realtor had informed them that the property consisted of two lots and that the second lot was still owned by Mrs. McCutcheon. She was confused as to why the fine for the entire lot was being charged to them and suggested that half of the fine might be charged to the other owner. Attorney Pinsky explained that there were two pieces of property that were contiguous and that the properties were cited by folio number. He assured the applicant that these fines were only connected to this folio number and they had nothing to do with the other. Mrs. Jones noted that on January 8, 2002 the Commission had reduced the fines from $39,300.00 to $19,600.00 and requested the same reduction. She stated that they would not buy property from the tax rolls again. Mayor McElyea confirmed that they only owned one lot. Mrs. Jones reported for Vice-Mayor Mikes that they had invested over $15,000 in the property and it was valued at under $20,000. She pleaded with the Commission for their assistance. MINUTES 6 JULY 29, 2004 SPECIAL MEETING-ABATEMENT Attorney Pinsky reiterated the conditions under which the property was purchased and clarified for the Commission that the property could be abated to an amount that if the property went into foreclosure the City would be paid first and the applicant would get the remaining funds, which could reimburse her for the amount she had put in. Vice Mayor Mikes indicated that the City could have some use for the property and get Ms. Jones out of it financially and perhaps some builders in town would be interested in the lot to build a single-family home. Laurence Leeds, Director of Community Development clarified for Vice Mayor Mikes that the property is zoned Commercial, located directly south of the old laundry building. He further explained that the property is shaped like a triangle, sort of odd piece of property, but it could be used for parking if the laundry building is developed into something else. Laurence Leeds, Director of Community Development, questioned whether the City or the petitioner would have to have the property appraised and who was paying for this. Vice-Mayor Mikes confirmed that the applicants wanted to get their money back and suggested that the item be continued to another hearing giving time for the City Attorney and staff to obtain an updated appraisal of the property, explore the possibility of finding a buyer or purchasing the property and preventing it from being turned over to someone for an inappropriate use. City Attorney Ansbro and Attorney Pinsky both clarified for Ms. Jones that the property was authorized by the Code Enforcement Board for foreclosure in order for the City to get the money back, but action had not yet been taken. In reply to Commissioner Anton's question on whether the adjacent property was also authorized for foreclosure action, Attorney Pinsky advised that it was not, but that there were City liens recorded against it and it was still pending. Mrs. Jones reiterated that they had purchased this property as an investment to get their non-profit organization underway and had made an honest mistake. Vice-Mayor Mikes advised Mrs. Jones that she needed some professional information that perhaps staff could recommend. Attorney Pinsky suggested that the professional advice required in this case would be a real estate attorney considering the ramifications of how the case would proceed if it went to foreclosure. MINUTES 7 JULY 29, 2004 SPECIAL MEETING-ABATEMENT A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to continue the item to the next regular hearing meeting, and at such time staff would try to get professional advice and work with Mrs. Jones so she better understands the situation and maybe staff can also look at the property and see if there is a potential use or if it would be beneficial to the City. The motion passed on the following 5-0 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea — yes Commissioner Flury—yes Comments: City Attorney Ansbro obtained a consensus from three Commissioners to support a slot machine/Casino resolution with Hallandale and Hollywood for the League of Cities. He will have an official action requested at the August 10, 2004 Commission Meeting. He also noted that the Harbour Towne lease negotiations were almost concluded and confirmed with the Commissioners that they did not want to initiate a $5,000.00 appraisal before the August 10, 2004 meeting. 4. ADJOURNMENT The meeting adjourned at 7:26 p.m. C.K. MCELYEA MAYOR-COMMISSIONER ATTEST: LOUISE STILSON CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: MINUTES 8 JULY 29, 2004 SPECIAL MEETING-ABATEMENT July 19, 2004 Nigel Joseph Williams c/o Jocelyn Jones, P.O.A. 6861 N. W. 44 Court Lauderhill, Fl 33319 Re: Case 4 CEB00-0668 Address: Vacant Lot 200 Block NW 1 Avenue, Dania Beach, Fl Dear Nigel Joseph Williams: Please be advised that you are scheduled on July 29, 2004, at 6:00 p.m., at Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida, to address the City Commission on your request for abatement of the above-referenced Code Enforcement Board lien. We would like to clearly state that your request for abatement of these liens in no way represents a guarantee of a part or full waiver by the City Commission. Please be prepared to make your comments brief and to deal only with your reasons for requesting the abatement of the lien. Sincerely, Gloria Brandes Code Enforcement Board Clerk In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons ,vvho, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk, at 100 Nest Dania Beach Boulevard, Dania Beach, Florida 33004 (954)924-3622 not later than two business days prior to such proceeding. Certified Mail 7002 2030 0003 2169 5628 Also sent regular mail RODRI � i�� nave no reiationsh;p to the taxes you will pay. V Please use our ?ax Estimatcr to determine a more likelyestimate of PROPERTY APPRAISER your new amount. 1PRIEbE031� PlE1t7 V1 f W MAP _PRINT AIEbN SIi Gc�CFO CPA HOB!tF Site Address ID# 5042 3401 0110 Property Owner MCC UTCHEON,IVORY& MCCUTCHEON,S%ARTHUR Millage 0443 FRANCIS Use 10 Mailing Address PO BOX 637 DANIA FL 33004-0637 Legal TOWN OF DANIA B-49 D LOT 1 BLK 2 Description Property Assessment Values Year Land Building Land Value AG Total Tax Current $ 19,460 $ 19,460 2003 $ 19,460 $ 19,460 $496.59 2002 $16,920 $ 16,920 $430.40 Save Our Exemptions Home Value Type I �'iidow(er)'s/Veteran's/Disability Homestead Non-Exempt $ 19,460 Sales history Land Calculations Date Type Price Book Page Price Factor Type 9726 659 $345.00 56.41 FF Adj. Bldg. S.F. Special assessments Fire Garbage ia;;t D ainage Improvement Safe 04 DS A DS 12 0 http://,Aww.bcpa.net/Includes/Inc Reclnfo.cfm 5/26/2004 -- - - - - - ___ --- -- - -- - - <�.3�4-0 G 11.9 Request by Ivory and S. McCutcheon for abatement of CEB00-0668 for vacant property locat near 200 block of NW 1 Avenue. (Staff) Sean McCutcheon came forward to explain that he inherited the property while he lived out west and that his father, Ivory McCutcheon, was very ill and unable to keep the property maintained. Another person had been given Power of Attorney and did not maintain the property. Once he became aware, he brought the property into compliance within 13 days. City Manager Pato clarified that Arthur Frances was the caretaker of the McCutcheon property and was also the caretaker of the 803 NW 1" Street property. MINUTES CITY OF DANIA BEACH 12 JANUARY 8, 2002 _ A motion was made by Commissioner Bertino, seconded by Vice-Mayor Chunn, accepting the recommendation of the Code Enforcement Board to abate the lien to half of $39,300.00 or $19,650.00 to be paid within 30 days. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-yes Vice-Mayor Chunn-yes Commissioner McElyea-yes Mayor Flury-yes Commissioner Mikes-no 1 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 Inspector RE: Request for Abatement Ivory & S. McCutcheon CEB00-0668 Vacant lot 200 Block of NW 1 Avenue Dania Beach, FL DATE: December 21, 2001 On December 6, 2001, a Request for Abatement was heard by the Code Enforcement Board on the above referenced property. I am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history on this property. The Code Board recommended abatement to half of$39,300.00. Please place this on the next City Commission Agenda. Thank you. WSJ/b Attachments Date: 12/21/01 Agenda Item #: Title: Request for Abatement Requested Action: Request for Abatement of Code Enforcement lien —Ivory and S. McCutcheon—Vacant lot 200 Block of NW 1 Avenue, Dania Beach— CEB00-0668 Consideration of the Abatement Request for Ivory & S McCutcheon Summary Explanation & Background: This property was cited on July 25, 2000 for 4 violations. The owners, Ivory & S. McCutcheon, were given 14 days to bring the property into compliance. The owners did not comply with the violations and the case was brought before the Code Board on January 8, 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 13, Section 13-23, failure to remove all trash, junk, garbage, and all other materials stored on the property and to mow/trim/cut and maintain trees, shrubs, weeds, and grass; Chapter 28, Zoning, Section 4.20, failure to remove all outside storage of vehicles, equipment, vessels, trailers, containers, auto parts, and tires from the property; and Chapter 8, Section 8-22(a)(3), failure to replace or remove fence which is in disrepair. The Code Board issued an Order giving the owners 30 days to come into compliance or a fine of$200.00 per day would be imposed. The post board inspection date was March 3, 2001. Ivory & S. McCutcheon did not comply and the final order was filed effective March 3, 2001. The case was brought back for a Hearing to Confirm Fine on August 6, 2001. The property was brought into compliance on September 15, 2001. The fine ran from 3/3/01 to 9/15/01, 196 days @ $200.00/day = $39,200.00 plus $100.00 recording fees = $39,300.00 owed. The Code Board is recommending abatement to half of$39,300.00. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to half of$39,300.00. (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 1/8/01 and 12/6/01 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 half of$39,300.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH 1W TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board Request for Abatement — CEB00-0668 RE: Ivory and S. McCutcheon Vacant lot 200 Block NW 1 Avenue Dania Beach, FL DATE: December 21, 2001 The Code Enforcement Board originally heard this case on January 8, 2001. A Final Order was issued giving them 30 days to comply or a fine of $200.00 per day would be imposed (a compliance date given of March 3, 2001). The property was not brought into compliance by March 3, 2001 and the fine was confirmed on August 6, 2001. The property came into compliance on September 15, 2001. The fine ran from 3/3/01 to 9/15/01= 196 days @ $200.00/ day = $39,200,00 plus $100.00 recording fees = $39, 300.00 owed. The Code Enforcement Board, after hearing testimony on December 6, 2001, decided by unanimous vote, to abate the fine to half of$39,300.00. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairman RB/bd CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB00-0668 municipal corporation PLAINTIFF, FINAL ORDER vs. IVORY AND S. MCCUTCHEON DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 8, 2001, after notice. Upon the evidence presented, the Board makes the following findings of fact: ' a. The board has jurisdiction of the defendants and the subject matter of this action; and b. Defendants, Ivory and S. McCutcheon, did allow the following code violations to exist at property defendants own located at Vacant Lot 200 Blk N. W. 1 Avenue, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 1 BLK 2 (# 0234 01 0110)- 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove all trash, junk, garbage and all other materials stored on the property and to mow/trim/cut and maintain trees, shrubs, weeds and grass. 2. Ch. 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove all inoperative and unlicensed vehicles, trailers and vessels from the property. 3. Chapter 28, Zoning, Section 4.20, Zoning Use Regulations. Failure to remove all outside storage of vehicles, equipment, vessels, trailers, containers, auto parts and tires from the property. 4. Chapter 8; Section 8-22(a)(3); Minimum Standards Violation. Minimum standards for commercial, industrial and institutional structures. General maintenance. Failure to replace or remove fence which is in disrepair. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Ivory and S. McCutcheon: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). A fine of $200.00 per day will be imposed 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from defendants, Ivory and S. McCutcheon, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $200.00 per day, to be imposed 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. Said fine shall constitute a lien upon the real property and personal property of the defendants. Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this 8th day of January, 2001. DANIA BEACH CODE ENFORCEMENT BOARD NotarySeal: �4�41 gichard Bettor, Chairperson Date signed: �lD Igo Sworn and subscribed before me this day of 2001. NOTA Y PUBLI STATE OF FLORIDA Richard Bettor is personally known to me. `J,RY P& )F tar,L NQTAAY U& 0 _;ARIA J BRANDES 2 T) .r t �WMISSICNNUMBER ' k CC828490 MY COMMISSION EXPIRES OF Ft- MAY 10.2003 Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Fr%vc -+ CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Fina Order was mailed to the Defendants, Ivory and S. McCutcheon, this day of 2001. CERTIFIED MAIL 7099 3400 0014 4251 2588 CODE ENF RCEME BOARD CLERK APPROVED TO FORM D CORRECTNESS TIM RYAN, S CIAL CITY ATTOR EY Also sent regular mail Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ® FLORIDA 07/25/00 IVORY AND S . MCCUTCHEON C/O ARTHUR FRANCIS P.O. BOX 637 DANIA BEACH, FL 33004 RE: FILE 2000-1260 LOCATION: VACANT LT 200 ELK OF NW 1 AV FOLIO 0234-01-0110/ LEGAL DESCRIPTION BEING: TOWN OF DANIA 3-49 D LOT 1 ELK 2 Dear IVORY AND S . MCCUTCHEON: You are notified that you are presently in violation of the following Cod of Ordinances , City of Dania, Florida . VIOLATION OF CHAPTER 13 , SECTION 13-23 ; PUBLIC NUISANCE VIOLATION. PROPERTY DECLARED A PUBLIC NUISANCE AND MUST BE PLACED INTO GOOD CONDITION. TRASH, JUNK, GARBAGE AND ALL OTHER MATERIALS STORED ON THE PROPERTY MUST BE REMOVED. TREES, SHRUBS, WEEDS AND GRASS MUST BE TRIMMED/MOWED/CUT AND MAINTAINED. VIOLATION OF CHAPTER 14 , SECTION 14-2 ; JUNKED AND ABANDONED VEHICLES; PUBLIC NUISANCE . THE STORAGE OR PARKING OF ALL INOPERATIVE VEHICLES, TRAILERS AND VESSELS IS CREATING A PUBLIC NUISANCE. ALL INOPERATIVE AND UNLICENSED VEHICLES, TRAILERS, AND VESSELS MUST BE REMOVED FROM THE PROPERTY. VIOLATION OF CHAPTER 23 , ZONING, SECTION 4 . 20 ZONING USE REGULATIONS . OUTSIDE STORAGE OF VEHICLES, EQUIPMENT, VESSELS, TRAILERS, CONTAINERS , AUTO PARTS OR TIRES IS NOT A PERMITTED USE IN A COMMERCIAL C-3 ZONED DISTRICT. ALL VEHICLES, EQUIPMENT, VESSELS, TRAILERS, CONTAINERS, AUTO PARTS OR TIRES MUST BE REMOVED. VIOLATION OF CHAPTER 8 ; SECTION 8-22 (a) (3 ) ; MINIMUM STANDARDS VIOLATION. MINIMUM STANDARDS FOR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL STRUCTURES, GENERAL MAINTENANCE. THE EXTERIOR OF EVERY BUILDING OR STRUCTURE SHALL BE MAINTAINED IN A GOOD STATE OF REPAIR. "Brow-ard's First City" 100 Vilest Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 .ci.d ania-beach.tl.us FENCES SHALL BE MAINTAINED IN A GOOD STATE OF REPAIR. FENCES MUST BE REPLACED OR REMOVED. You are required to correct the violation and call for a re-inspection by 08/08/00 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the above violation, please do no hesitate to contact me. WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: _X_ Certified Mail Z 284 264 604 Gloria Brandes . 22. CEB00-0668 Ivory and S. McCutcheon % Arthur Francis Vacant lot, 200 block NW 1 Avenue, lot 1 Dania Beach, FL Inspector William Dubisky, having been previously sworn in, had the following testimony. The violations are located at a vacant lot in the 200 block of NW 1 Avenue, lot 1. Service was not obtained by Certified Mail, however notice was sent first class mail and the property was posted, the Affidavit of Service is on file. This is a violation of Chapter 14, abandoned and unlicensed vehicles; Chapter 8, fence violation; Chapter 13, Public Nuisance, weeds, grass, trees, shrubs; Chapter 28, Zoning, outside storage prohibited. As of today the property is still in violation of Chapter 14, abandoned vehicles; Chapter8, the fence needs to be removed; Chapter 13, Public Nuisance, the weeds have been cut, but miscellaneous debris remain on the property; Chapter 28, the outside storage of equipment is still on the property. Chairman Bettor asked if anyone was present to represent Arthur Francis; no one came forward. Mr. Dubisky said the property goes all the way down to the laundry and someone came in with a bulldozer and leveled it, so Mr. Francis should be given credit for that. It was on motion of Pat Flury, seconded by Beulah Lair, to adopt the findings of fact by Code Inspector William Dubisky, move to find the violations exist as charged, move the violator be given 30 days to comply thereafter a fine of $200.00 per day will be levied. The motion carried on the following roll call: William Sargent —yes Tim McLeod —yes Judy Jensen —yes Beulah Lair—yes Pat Flury —yes Jimmy Peterman — yes Richard Bettor— yes 23. CEB00-0669 Katja Fort 713 SW 3 Place Dania Beach, FL Inspector William Dubisky, having been previously sworn in, had the following testimony. The violations are located at 713 SW 3 Place. Service was not obtained by Certified Mail, however notice was sent first class mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 8, fence; Chapter 8, door and windows; Chapter 13, weeds, grass, hedges, and trash; Chapter 13, sod violation. As of today, the property is still in violation of Chapter 8, the fence has not been removed or replaced; Chapter 8, the doors and windows remain in disrepair. Inspector Dubisky said the City went in under a City Manager Letter and cleaned the property a month ago, but the weeds and grass are still in violation and are not being maintained, so he is not complying the violation. Inspector Dubisky said he will dismiss the Chapter 13 sod violation because of the water restrictions. Two photos were given to the Board. Chairman Bettor asked if anyone was Dania Beach Code Enforcement Board Minutes 17 January8. 2001 not have knowledge of these problems. Mr. McCutcheon said he was residing in Las Vegas and his father was in Minnesota at the Mayo Clinic due to illness. Mr. McCutcheon said his father is now deceased. Mr. McCutcheon said he was notified of this on 8/18/01 and he came home the first of September. Mr. McCutcheon said he took care of the problems within 14 days of returning home and even mowed the lawn when he was asked to. Mr. McCutcheon said again he had no knowledge of these violations because he lived in Las Vegas, Gary Luedtke asked if he lives in the area now. Mr. McCutcheon said he is originally from Dania, but lived in Las Vegas for a year. Jimmy Peterman asked Mr. McCutcheon if he knew who was receiving the letters for the property. Mr. McCutcheon said it was either Debra or Louis McCutcheon, his uncle. Mr. McCutcheon said his uncle did not notify him of the violations. Mr. Dubisky said Art Francis was the person who signed the certified mails in the file. Mr. McCutcheon said Art Francis was the power of attorney for Mr. McCutcheon's father. Mr. McCutcheon said Mr. Francis did not notify him of the violations, nor did he comply with the violations. Judy Jensen asked what Art Francis did. Mr. McCutcheon said Mr. Francis was supposed to be a friend of his father's who resided at one of the properties and was supposed to be looking out for the properties. Attorney Ryan said when the Board gives consideration to any abatement that is made on the property, although the Board is hearing case# 12 and # 13 separately, they are properties that are next to each other and had the same violations on the same date, and he imagines whatever abatement is given on the first property will be given on the second property because the circumstances are no different. Mr. McCutcheon said also because the property is an open field, people dump trash on it. It was on motion of Gary Luedtke to abate the fine to half of$39,300.00 based on the reasons that they are in compliance and it appears the owner will be taking care of the properties. Attorney Ryan suggested making part of the motion the fact that the testimony of Sean McCutcheon revealed he was out of state and, although a record owner of the property, he did not receive notice and therefore was not able to direct the necessary corrective action. Gary Luedtke amended his motion to include the statement by Attorney Ryan. Jimmy Peterman seconded the motion. The motion carried on the following roll call: Judy Jensen—yes Jinnmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes 9) Request for Abatement-CEB00-0668-Ivory and S. McCutcheon-Vacant lot 200 Block of NW 1 .Avenue Attorney Ryan stated this case has the same set of circumstances as the previous case even though they are two different properties, so the Board can read the same motion as the last case. It was on motion of Gary Luedtke, seconded by Jimmy Peterman, to abate the fine to 50% of what it is based on Mr. McCutcheon not being in the area during this time and that now he will be taking care of the property. The motion carried on the following roll call: Dania Beach Code Board summary Mimics December b.2001 Judy Jensen —yes Jimmy Peterman —yes Gary Luedtke —yes Beulah Lair—yes Richard Bettor—yes Chairman Bettor advised Mr. McCutcheon that the Code Board is only a recommending body and that the Commission has the final decision. #1160 Ann Louise Rickmeyer 295 SW 9 Street Dania Beach, FL Code Inspector William Dubisky came forward, having been previously sworn in, 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. This was a violation of Chapter 8, Sec.8-21 (a)(5)(a)l& 2, paint violation and Chapter 13, Sec.13-23, Public Nuisance violation, trash and materials stored on the property, grass, weeds, and hedges required cutting. As of today, the property is still in violation of Chapter 13, the trash and debris, concrete blocks and items in the carport constitute an eyesore. The Chapter 8, paint violation has been corrected. Mr. Dubisky said his first contact with the property was on 6/28/01. Two photos were given to the Board. Attorney Claire Covet, representing Cathy McCory, came forward. Ms. Covet said Ann Louise Rickmeyer is deceased and the property is going to her daughters, Cathy McCory and Patricia Reuth. Ms. Covet gave testimony about the violations and identified the photos as being of the property. Beulah Lair asked how long the defendant needed to comply. The defendant responded that she needed 30 days to comply. It was on motion. of Gary Luedtke, seconded by Judy Jensen, to adopt the findings of fact by Code Inspector William Dubisky, move to find the violation exists as charged, move the violator be given 30 days to comply or a fine of $50.00 a day thereafter. The motion carried on the following roll call: Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes Attorney Ryan specified for the audience that once a Final Order is received and it specifies the date or the amount of time a defendant is given to comply, after the defendant believes the violations are complied in total, it is the responsibility of the defendant to call the City and ask a City inspector to come to the property and verify that the violations are complied. Attorney Ryan continued that if the violations are not complied, then the City inspector will tell the defendant what else needs to be done. Attorney Ryan said if the defendant does not call, then a fine may continue, even if the defendant thinks the violations are complied. Dania Beach Code Board Summan Minutes 9 llecentber G.ZOU 1 I,AW OMCE OF LEE H. SCHILLINGEK P.A. EMERALD HILLS EXECUTIVE PLAZA 4601 SHERIDAN STREET o SUITE 202 HOLLYWOOD,FLORIDA 33021 TELEPHONE(954)981-8383®MIArII LIRE(305)444-8383 TELE FAX(954)962-0907 LEE H.SCHILLINGER• website:http://www.lawflorida.com COMMERCIAL LITIGATION email:fraudbustcr@bellsouth.net SECURITIES LITIGATION •ADMITTED IN MUNICIPAL&ZONING FIORIDA AND NEW YORK November 8, 2004 VIA FACSIMILE & US MAIL 954-922-2687 City of Dania Beach City Commission 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Application of Nigel Joseph Williams c/o Jocelyn Jones POA Case No.: CEB 00-0668: Vacant lot at 200 Block NW 1 Avenue Dania Beach, FL Honorable Mayor and Commissioners: Nigel Joseph Williams c/o Jocelyn Jones POA, the owners of the vacant property at 200 Block of NW 1 Avenue have requested the abatement of the fine imposed on their property through Code Enforcement Board Case No. 00-0668. The request is based on several different grounds. The Supplemental Order/Claim of Lien, dated August 21, 2001 (attached as Exhibit "A"), which confirmed and ratified the fine and created the lien is unconstitutional and void. The record of the proceedings before the Code Enforcement Board demonstrate that the Supplemental Order/ Claim of Lien dated August 21, 2001, which confirmed and ratified the fine specified in the Final Order, was entered by the Code Enforcement Board at its meeting of August 6, 2001 based upon the testimony and affidavit of Code Officer William Dubisky on the City's Motion to Confirm Fine, dated August 6, 2001. it appears from the City's records that notice of the Motion affidavit and hearing had not been provided to the property owner prior to entry of the Order. In fact, the record affirmatively demonstrates that a copy of the Order dated August 21, 2001 was mailed to the property owner, and received by his son and that he promptly commenced making the required corrections upon receipt of that Order. The record reflects compliance was obtained on September 21, 2001. Mr. McCutcheon's son requested an abatement of the fine because he resides out of state and his father had been ill and hospitalized at the Mayo Clinic in Minnesota. The lien, which was $39,100 at that time, was abated in half if paid within 30 days. Letter to City of Dania Beach from Lee H. Schillinger, Esq. Re: Application of Nigel Joseph Williams c/o Jocelyn Jones POA Page 2 A copy of the Motion to Confirm Fine, Affidavit of Noncompliance, dated August 6, 2001, and Code Enforcement Board Item Sheet dated 8/6/01 are attached as Composite Exhibit "B". The documents reflect that the motion, affidavit and board proceeding were all written and conducted on August 6, 2001, without prior notice or right to be heard provided to the property owner. The procedure utilized in entering the Supplemental Order, Claim of Lien constitutes a denial of procedural due process. Massey v Charlotte County, 842 So.2d 142, 143 (Fla. 2"d DCA 2003), in contravention of the Fifth Amendment of the US Constitution. Wilson v County of Orange, 881 So.2d 625, 629 (Fla. 5th DCA 2004). Based upon the Supplemental Order, Claim of Lien, the petitioner, Nigel Joseph Williams by Jocelyn Jones POA was previously informed that they, as the owners of the property must pay the entire lien, which exceeded the property value and the Commission continued the matter to obtain professional advice and work with Ms. Patricia Jones so that she would better understand the situation. After obtaining advice of counsel, and upon review of the City's records, the property owner recognized the constitutional infirmities. Based upon the decision of the Fifth District Court of Appeal, entered in August, 2004, after the July 29, 2004 hearing, the lien constitutes an excessive lien, in violation of the Eighth Amendment to the US Constitution. Wilson v County of Orange, supra. The Fifth District Court of Appeal of Florida has determined that procedures similar to those utilized by the City of Dania Beach (as well as many other municipalities) constitute a violation of 42 USC § 1983. Accordingly, the property owners, respectfully demand that the Claim of Lien be declared void or otherwise totally abated by this Honorable Commission. In the alternative to the above, and without waiving the constitutional arguments,the owners sought a reconsideration of the Commission's denial on July 29, 2004, of their application for abatement which they made without the benefit of counsel or a review of the City's records. The property owners noticed that.on the same evening that they made their request,the Honorable Commission approved an abatement from$2,700 to$1,300,which was approved for the subsequent property owner in case 03-4890. In case 99-0334, in which there had been circumstances of an absentee and ill owner, similar to that of Mr. McCutcheon, the lien was abated from $39,575 to $3,000. In this case, the land has very limited value, which only serves to emphasize the argument that the lien is unconstitutionally excessive. Accordingly,the owners, Nigel Joseph Williams by Jocelyn Jones POA, respectfully urge this Commission to abate the fine to zero in this case. R -or Lee H. Schillinge LHS:eb Attachments cc: Ms. Pat Jones Timothy Mcmanus Ryan,, Esq. L IV 414 AL-IVOOD,FL 33021 ♦ TELEPHONE(934)981-8383 t CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB00-0668 Municipal corporation PLAINTIFF, FINAL ORDER vs. IVORY AND S. MCCUTCHEON —QEFTNDANTS SUPPLEMENTAL ORDERi CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer William Dubisky on the City's Motion to Confirm Fine held on the 6th day of August, 2001, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 1st day of February, 2001, a Final Order in the above captioned case commanding the defendants, Ivory and S. McCutcheon, to bring the violations specified in said Final Order into Retum to: David E. Keller,Finance Director 100 W.Dania Beach Blvd. Dania Beach, FI 33004 �7', 1T compliance on or before the 3rd day of March, 2001, or pay a fine in the amount of$200.00 per day for each day of non compliance thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: TOWN OF DANIA B-49 D LOT 1 BLK 2 (# 0234 01 0110). 3. That the Defendants, Ivory and S. McCutcheon, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendants, Ivory and S. McCutcheon, shall comply with said Final Order. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against.any other real or personal property owned by defendants. DONE AND RDERED at Dania Beach, Broward County, Florida, this _ a� Day of 4� , 2001. DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairman Sworn to and subscribed before me this day of 2001 By Richard Bettor, who is personally known to me. NO TA Y PUBLI TATE OF FLORIDA ar ojj, ° NWAAY a�a Retum To: David E.Keller,Finance Director 2 = } NUMgEp 100 W.Dania Beach Blvd. r CCBM4W Dania Beach,FI 33004 ►pt�pg `�OFftO MAY10 - CERTIFICATE OF SERVICE CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, Ivory and S. McCutcheon, this o1 day of CC 2001. CERTIFIED MAIL # 7001 0360 0002 7730 7359 CODE/ENFORCEMENT BOARD CLERK APPRO D S TO FORM AND CORRECTNESS 77 TIMOTHY U RYAN, SPECI L CITY ATTORNEY Also sent regular mail xc xc: Debra M. Anderson, 2665 NW 20 Street, Ft. Laud. , F1 33311 Certified Mail 7001 0360 0000 4107 9512 ' Also sent regulat mail Return To: David E. Keller,Finance Director 3 100 W.Dania Beach Blvd. Dania Beach,A 33004 MOTION TO CONFIRM FINE, CASE CEB G()—b(obg , PROPERTY ADDRESS c. Le t 7-00 kk MJ 1 Atre . PURSUANT TO YOUR ORDER, CORRECTIVE ACTION WAS TO BE TAKEN ON OR BEFORE o) AND THAT A REINSPECTION OF THE PROPERTY ON REVEALED THAT THE CORRECTIVE ACTION HAD NOT BEEN TAKEN IN THAT CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida Case Number CEB00-0668 municipal corporation, Plaintiff, VS. AFFIDAVIT OF NONCOMPLIANCE IVORY & S. MC CUTCHEON Defendants/ STATE OF FLORIDA ) COUNTY OF BROWARD ) I, William Dubisky, Code Inspector, for the City of Dania Beach, who, after being duly sworn, depose and say: 1. That on January 8, 2001, the Dania Beach Code Enforcement Board held a public hearing and issued its Final Order on the above styled cause. 2. That pursuant to said Order, Defendants were to have taken certain corrective action on or before March 3, 2001. 3. That a reinspection of the property located at the Vacant Lot 200 Block NW 1 Avenue, Dania Beach, Florida was performed on S1 Glok 4. That the reinspection revealed that the corrective action ordered by the Board has not been taken in that fy1,6 o rr� ` 1 FURTHER AFFIANT SAYETH NAUGHT. Dated this (o day of ;Li t- , 2001. Code Inspector PERSONALLY appeared before the undersigned authority, duly authorized to administer oaths and take acknowledgements, William Dubisky, who first being duly sworn, acknowledges before me that the information contained herein is true and correct. He is personally known to be and did take an oath. WITNESS my hand and official seal this day of 2001. Nota Public , '� = NotMyPLWjC-Skt 0fACft �yCpnFMay7,� VI 1 1 VI V!'1 \1f1 CODE ENFORCEMENT BOARD ITEM SHEET DATE: ITEM NO: MOTION: MOTION BY: SECONDED BY: ROLL CALL YES NO ABSTAIN WILLIAM SARGENT TIM MC LEOD JUDYJENSEN ✓ JIMMY PETERMAN GARY LUEDTKE BEULAH LAIR RICH D BETTOR(CHAIRMAN) COMMENTS: f J c w tA Vvr a foir m -300 , t` co f j,ssrrs , i 4 t ir.a 3 1 A V, ,yam 7( y { �3 J ca tiv Al k 1 k ( qq , : f P J1 O ��� � ,fit' }:`� `3"���,r:���%�i'�✓�,^�j�� ; ;r ' �3� � ��� �.�� le,3 dp� i 3.2 Request by Aqua Isles LLC, for abatement of Case #04-0434, for property located at 3901 Griffin Road. (Folio #0230-00-0280). 3.3 Request by Aqua Isles LLC, for abatement of Case #02-2634, for property located at 3901 Griffin Road. (Folio #0230-00-0280). 3.4 Request by Aqua Isles LLC, for abatement of Case #03-3886, for property located at 3901 Griffin Road. (Folio#0230-00-0280). City Attorney Ansbro remarked the three cases were for the same property and would be heard together. Attorney Tim Ryan advised#3.2 is a repeat violation of trash and debris at the Aqua Isles Mobile Home Park, with a fine of $9,750. Case #3.3 is a number of violations addressing electrical problems, with a fine of $9,550. Case #3.4 is another trash and debris violation with an abandoned vehicle on the property, with a fine of$6,500. He advised that we tried to deal with management but it is has been very difficult to get compliance. During the past 3-4 years there have been numerous complaints by residents, which is what brought Code Enforcement to this location. He advised the total fines amount to $25,800, and the Code Enforcement Board does not recommend abatement. No one was present from Aqua Isles, LLC. Commissioner Anton motioned to deny the abatement request. William Johnson, Chief Zoning/Code Inspector, advised notice of the hearing was sent to the property owners. The returned receipt was signed September 10, 2004. Attorney Ryan advised we will begin foreclosure proceedings. The property was free and clear until several years ago when 2-3 mortgages were placed against the property for $2.2M. Commissioner Chunn seconded the motion. The motion carried on the following 4-0 roll call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Chunn Yes Mayor McElyea Yes 3.5 Request by Elisabeta Patriche, for abatement of Case #03-5438, for property located at 200 S.E. 4t" Terrace. (Folio #1203-55-0010). Elisabeta Patriche telephoned to request a continuance until the November 18, 2004 meeting. Continued until November 18, 2004 at 6:00 p.m. Minutes of Abatement Hearing 2 Dania Beach City Commission September 16,2004—6:00 p.m. r AGENDA REQUEST FORM CITY OF DANIA Date: 9108/04 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for#03-5438—Elisabeta Patriche—200 SE 4 Terrace Summary Explanation & Background: The property was originally cited on 9/12/03 for 2 violations and Ms. Patriche was given 7 days to comply. Ms. Patriche did not comply and this was heard by the code board on 12/01/03. The board issued an order giving Ms. Patriche 30 days to comply or a fine of$75.00 per day would be levied. The compliance date was 1/22/04 and she did not comply until 7/06/04. The fine ran from 1/22/04 through 7/06/04, 166 days @ $75.00/day= $12,450.00, plus$100.00 recording fee = $12,550.00 owed. The fine was confirmed on 7/06/04. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to$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 12/01/03, 7/06/04 and 8/02/04 code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abating to $500.00 because she complied before the compliance date. 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 #03-5438 Elisabeta Patriche 200 SE 4 Terrace DATE: September 8, 2004 This was originally heard by the code board on 12/01/03 for 2 violations. A final order was issued giving the defendant 30 days to comply or a fine of$75.00 per day would be levied. The compliance date was 1/22/04 and she did not comply until 7/06/04. The code.enforcement board, after hearing testimony on 8/02/04, decided by majority vote to recommend abating the lien to $500.00 because defendant had complied before the compliance date. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Bettor, Chairman RB/gb f i i I i CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-5438 municipal corporation PLAINTIFF, FINAL ORDER vs. ELISABETA PATRICHE DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on December 1, 2003, 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, Elisabeta Patriche, did allow the following code violations to exist at property Defendant owns located at 200 S. E. 4 Terrace, Dania Beach, Florida, which property is legally described as: DANIA HIGHLANDS 87-1 B LOT 1 BLK 1 (# 1203 55 0010): 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to cut and properly maintain weeds and grass on subject property. 2. Chapter 22, Streets and Sidewalks, Sec. 22-5(i)d. All trees shall be kept trimmed by the abutting property owner or tenant and shall have a clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit FINAL ORDER #03-5438 PAGE 2 pedestrian and vehicular traffic beneath them without interference. Failure to trim vegetation over sidewalks and streets to the aforementioned heights so as to permit pedestrian and vehicular traffic beneath them without interference. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Elisabeta Patriche: (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 $75.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Elisabeta Patriche, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $75.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the 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 A(Jp-4X-6-0,1 , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-5438 PAGE 3 Notary Seal: Sworn and subscribed before me this �3 day of 2003. NOTA Y PUBUC STATE OF FLORIDA Richard Bettor is personally known to me. .par Gods J Brandes • My Commission DD187260 a Exp m May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-5438 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Elisabeta Patriche, this A-3 day of �tlC,E2QC , 2003. CERTIFIED MAIL 7002 2030 0003 2168 7319 CODEJENFORCEPENt BOARD CLERK APPROVED S TO F RM AND CORRECTNESS 7 TIM RYA , SPECIAL 7Y ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ® p IA. Sig! .0 Complete items 1,2 and 3.Also complete toitem 4 if Restricted Delivery' Is desired { 0 Agent■ Print your.name and,address on the revers so that we can return the card to you ❑Addressee ■ Attach this card to,the back of the mailplece, B7. Re (Printed Name) or on the front if space permits. ' 1. Article Addressed to: ' D. Is delivery address different from item 17 ❑Yes j if YES,enter delivery address below. ❑No I 3. SB TYPe 3oD[l Certified Mail ❑Express Mail ❑ Return❑Retu Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2 . . . . _. 7002 2030 0003 216& 7319 PS Form 3$1.1 August 2001 Domestic Return Receipt 2ACPRl-03-P aoat J r CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 03-5438 Florida municipal corporation, Plaintiff, -vs- ELISABETA PATRICHE Defendant/ ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ("Board"), 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit of Code Officer, Cary Tullos, on the 6th day of July, 2004, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 23rd day of December, 2003, a Final Order in the above-captioned case was entered by the Board commanding the Defendant, Elisabeta Patriche, to bring the violations specified in said Final Order into compliance on or before the 22nd day of January, 2004, or pay a fine in the amount of$75.00 per day for each day of non- compliance thereafter. 2. The violations found by the Board and entered in the Final Order occurred on the following described real property situate, lying and being in Broward County, Florida, to-wit: DANIA HIGHLANDS 87-1 B LOT 1 BLK 1 (# 1203 55 0010) Order Imposing Fine Case#03-5438 3. Defendant, Elisabeta Patriche, did not comply with the Final Order cn or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and shall accrue at the per diem rate specified until the date of July 6, 2004, when the Defendant complied with said final order. 5. The fine accrued for a period of 166 days at $75.00 per day for a total fine of $12,450.00. 6. The fine shall constitute a lien against the above-described real property and it shall be a lien against any other real or personal property owned by Defendant. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this 6;A7 day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: LG Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this 7 day of , 2004 by tA at who is personally known to me. Notary Public, tate of Florida PN Glons J Branoes y� My Commission D0187260 Expires May 10,2007 Return to: Patricia Varney,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#03-5438 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Defendant, ELISABETA PATRICHE, this day of 2004, via U. S. First Class mail and U. S. Certified Mail No. 7002 2030 0003 2169 6274 CO E ENFOR EMENT BOARD CLERK APPROV TO F RM AND CORRECTNESS 77{ TIMOTHY . RYAN, SPEC I L CITY ATTORNEY Also sent regular first class mail Return to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 lot 1 r M k a 6 ® ® o 0 0 ® Gompiete items 1°2,and 3 Also complete A Signature item 4 K Restricted De[rvery is desiredgger� 4 ® Rnnt yourname and address on•the reverse� � ._.❑;Addressee: so that we can return the card to you r =g Received Print Name) ate" 1 De ivory ® Attach thi$card to:the back of the ma�lpiece or on the front if space peitnits 1 Article Addressed to - D Is deliv address dKferent from dem 1? f 4 r K YES enter delivery address below M ❑No MAY n' 1 z e t a 3 ice Type S cerbfled Mail ❑Express Mali � 5 � 3 7 ❑Registered ❑Return Receipt go far Merchandise ?�D�+�-� �, ❑Insured Malt ❑COD � _ l / 4 Restncted Deliv (Extra Fee), ❑Yes 7002 2030 0003 . 2169 .621; PS Form 3'6y 1 August 2D01 Domestic Return Receipt �fr 1o25s5 oz M t54o r - . FLORIDA 1 Yv. September 12, 2003 ELISABETA PATRICHE Case Number: 03-00005438 200 SE 4 TER DANIA BEACH, FL 33004 Location: 200 SE 4 TER Folio: 514203550010 Legal Description: DANIA HIGHLANDS 87-1 B LOT 1 BLK 1 DANIA HIGHLANDS 87-1 B LOT 1 BLK 1 Dear ELISABETA PATRICHE: 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 September 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. Si erely, TULLOS CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5818 5859 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 CASE NUMBER 03-00005438 PROPERTY ADDRESS 200 SE 4 TER ------- ---------------------------------------------- --------- VIOLATION: CH. 13, SEC. 13-23 ALL QUANTITY: 1 DESCRIPTION: CH. 13 , SEC. 13-23 ALL DATE: 9/12/03 LOCATION: NARRATIVE Grass and weeds on property must be cut and property maintained. ORDINANCE DESCRIPTION Violation of Chapter 13, Section 13-23 , Public Nuisance Violation. Property declared a public nuisance and must be placed into good condition. Trash, junk, loose garbage and all other debris and/or materials stored on the property must be removed. Trees, hedges, shrubs, weeds and grass, including the public right of ways (swale areas) abutting the property, front, sides and rear, must be mowed, cut, and trimmed as required by city ordinance and property must be maintained. ----- --------------------------------------------------------- VIOLATION: CH 22, SEC 22-5 (I) D QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-5 (I) D DATE: 9/12/03 LOCATION: NARRATIVE All vegetation over sidewalks and streets must be cut or trimmed. ORDINANCE DESCRIPTION Violation of Chapter 22, Streets and Sidewalks, Sec. 22-5 (i) d. All trees shall be kept trimmed by the abutting property owner or tenant and shall have a clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference. 14) 902-3002 J. D. & Shirley M. Reeves 1380 SW 3 Avenue Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and gave 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 8, Section 8-214F, fence; Chapter 13, Section 13-23, Public Nuisance, trash and debris on the property; Chapter 8, Section 8-21A5 1&2, paint; Chapter 15, Section 15-1, Occupational License; Chapter 22, Section 22-5 ID, vegetation obstructing the streets and sidewalks; Chapter 28, Zoning, Section 4.20, Schedule of Use, auto repairs being performed on the property. As of today, the property is still in violation of Chapter 13, Public Nuisance, there still remains trash on the property; Chapter 28, Zoning, the auto repairs are still happening. Chapter 15, Occupational License, has complied. Mr. Dubisky requested a finding of fact for the Chapter 8, fence; Chapter 8, paint, and the Chapter 22, vegetation over the streets and sidewalks. Chairman Bettor asked if there is anyone representing J. D. & Shirley Reeves;no one came forward. Tim McLeod made a motion, to adopt the findings of fact by Code Officer William Dubisky that the violations do exist, that the respondent be given 30 days to comply or a fine of$100.00 per day. Attorney Ryan stated that in the motion there is a compliance of Chapter 15, Section 15-1, and a finding of fact on the Chapter 22-5, vegetation over sidewalk. Attorney Ryan asked if there were any more findings of fact, and Mr. Dubisky said yes the Chapter 8, fence; Chapter 8, paint; and the Chapter 22. Mr. Dubisky said that Ms. Reeves has been in contact with him, she is working on complying the violations, and she is asking for 60 days. Tim McLeod amended his motion to 60 days. 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-absent Judith Tulacro-yes Richard Bettor-yes 15) #03-5438 Elisabeta Patriche 200 SE 4 Terrace Dania Beach, FL Code Inspector Cary Tullos came forward and was sworn in, 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 is a violation of Chapter 13, Section 13-23, grass and weeds; Chapter 22, Section 22-5, vegetation over streets and sidewalks. As of today, the property is still in violation of Chapter 13 and Chapter 22. The first contact with the violator was 9/12/03. Chairman Bettor asked if there is anyone representing Elisabeta Patriche; no one came forward. Judy Jensen made a motion, to adopt the Dania Beach Code Board Summary Minutes 10 December 1,2003 findings of fact by Code Enforcement Officer Cary Tullos, move to find the violation exists as charged, move that the violator be given 30 days to comply or thereafter a fine of$75.00 per day. The motion was seconded by Jimmy Petennan and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-absent Judith Tulacro-yes Richard Bettor-yes 16) #03-4325 Loretta McLean 5315 SW 29 Avenue Ft. Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and gave 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 is a violation of Chapter 13, Section 13-23, trash and miscellaneous junk; and FBC 104. As of today, the property is still in violation of Chapter 13, there still remains miscellaneous trash. FBC 104 has complied. Mr. Dubisky presented two photos. Chairman Bettor asked if there is anyone representing Loretta McLean; no one came forward. Judy Jensen made a motion, to adopt the findings of fact by Code Enforcement Officer William Dubisky, move the violation exists as charged, move that the violator be given 30 days to comply or thereafter a fine of $75.00 per day shall be levied. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-absent Judith Tulacro-yes Richard Bettor-yes 17) #03-4618 Michael F. Petrie 101NW14Way Dania Beach,FL Code Inspector Eric Baker, having been previously sworn in, came forward and asked for a dismissal to recite the violations. Jimmy Peterman made a motion to dismiss the case. 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-absent Judith Tulacro-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 11 December 1,2003 i 3) Chief Code Inspector William S. Johnson asked for the following cases to be dismissed: Request for an Extension, case 403-5821 and Motion to Confirm Fine, case #03-4504, Watercrest Financial Corporation. Tim McLeod made a motion to dismiss the two cases, 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 4) Chief Code Inspector William S. Johnson read the cases from Old Business that have complied: case #04-0406, Berkin complied on 6/28/04. Mr. Johnson then read the cases from New Business that have complied: case #03-4884, Contreras complied on 7/06/04; #03-4886, Lubin complied on 7/06/04; 403-4929, Petidor complied on 7/06/04; #03-5495, McGillicuddy complied on 7/06/04, #03-5551, Cataldi complied on 7/06/04; #03-5651, Rinkus Construction & Roofing Inc. complied on 7/06/04; #03-5722, Leon complied 7/02/04; #03-5881, CJJ Properties of Florida complied 7/06/04; #04-0164, Chiang complied 6/30/04; #04- 0224, Lombardo complied 6/29/04; #04-0228, Georgiadis complied 6/29/04; 404- 0229, Rambin complied 6/28/04; #04-0299, Nelson complied 6/28/04;'#04-0359, Ferguson complied 6/29/04; #04-0489, Farmor Real Estate Holding Company complied 7/06/04. Gary Luedtke motioned to dismiss the cases that have come into compliance, the motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 5) Code Board Clerk Gloria Brandes asked the board if they needed to vote on the past cases that came into compliance. Chairman Bettor stated that they would make a motion as a back up. Gary Luedtke made a motion to dismiss the past cases that have complied, the motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 6) Motion to Confirm Fine- #03-5438—Elisabeta Patriche—200 SE 41h Terrace Inspector Cary Tullos came forward was sworn in and gave the following testimony. Pursuant to the order corrective action was to have been taken on or before 1/22/04 and that a re-inspection of the property on 7/06/04 revealed that the corrective action had been taken and the property has complied as of this date. Ms. Tullos submitted 11 photos. Chairman Bettor asked it there was anyone Dania Beach Code Board Summary Minutes 2 July 6.2004 1 I representing Elisabeta Patriche. Elisabeta Patriche, 200 SE 4`h Terrace was swom in. Dana Ionescu daughter of Patriche, 200 SE 4th Terrace was sworn in. Chairman Bettor asked Ms. Patriche and Ms. Ionescu to identify the pictures of their property. Ms. Patriche and Ms. Ionescu gave testimony. Ms. Patriche identified the pictures of their property. Jimmy Peterman motioned to confirm the fine with compliance date as of today, the motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 7) Motion to Confirm Fine- #02-3248 — Palm Beach Polo Holding Inc. — 750 NE 7th Avenue Building Official Kenneth Koch came forward was sworn in and gave the following testimony on the past history of the case and stated this is a motion to confirm fine. Mr. Koch stated, as of this date, they still are not in compliance. Chairman Bettor asked it there was anyone representing Palm Beach Polo Holdings. Larry Zink, attorney for Palm Beach Holdings, 1198 Hillsboro Mile Suite 224, Hillsboro Beach, FL 33062, came forward and gave testimony on the steps that were taken to try to comply. Attorney Ryan told Attorney Zink that they have to resolve this legal action to compel the agencies involved to act and that we can not continue to let the case be continued. Glen Straub, President, came forward and was sworn in and gave testimony that they have taken care of the situation with the Corp of Engineers and that they are now dealing with the county attorney. Attorney Zink then requested 60 additional days from the board. Tim McLeod made a motion to confirm the fine, the motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 8) Motion to Confirm Fine- #03-4286- William A. Galdorise & Michael J. Galdorise- 4911 SW 291h Way Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. He stated this is a motion to confirm fine and the property is still not in compliance as of this date; a building permit has not been issued. Building Official Kenneth Koch, having been previously sworn in, came forward and gave testimony that a permit application was applied for and rejected on June 18, 2002 and the owner removed the application from the department and never returned with the application and there has been no further contact. Mr. Koch stated that he took a look at it back on February 23 of this year and to date has not received a new application or issued permits for the work that was done. Chairman Bettor Dania Beach Code Board Summary Minutes 3 July 6,2004 that has passed, they were very cooperative in getting the issue resolved. Mr. Koch said that the contractor finally got a set of plans together through the VA which was submitted and a permit was issued and it was inspected. Tim McLeod made a motion to dismiss 903-5118. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Terrell McCombs-yes Richard Bettor-yes 7) Request for Extension - #04-0162—Adirondack&Associates Building Official Kenneth Koch, having been previously sworn in, came forward and had the following testimony. Mr. Koch stated that this case is in regards to a tenant of the Adirondack Mobile Home Park which is rental property so the park was cited. Mr. Koch said the permit for the addition was issued; the only remaining issue is the location of the shed and a variance is needed. Mr. Koch stated that this may be the reason that a request for additional time has been made. Chairman Bettor asked if there was anyone representing Adirondack & Associates. Caleb Santiago, 9 Eden Court, Greenacres, FL, Assistant General Manager for the company that manages the park, came forward and was sworn in. Mr. Santiago stated that he is requesting the amount of time that is needed to go through the variance process. Chairman Bettor asked Mr. Koch how much time would be needed for the variance process. Mr. Koch stated that the variance process takes 90 days but they will still need additional time to apply for the permit. Mr. Koch stated that they should need 120 days. Jimmy Peterman made a motion to extend the case for an additional 120 days. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Terrell McCombs-yes Richard Bettor-yes 8) Request for Abatement- #03-5438 -Elisabeta Patriche—200 SE 4th Terrace Inspector Cary Tullos came forward was sworn in and had the following testimony. Ms. Tullos stated this was originally heard by the board on 12/01/03, the compliance date was 1/22/04, the defendant did not comply until 7/06/04. The fine ran for 166 days @ $75.00 per day plus a $100.00 recording fee = $12,550.00 owed and the fine was confirmed on 7/06/04. Chairman Bettor asked if there was anyone representing Elisbeta Patriche. Elisabeta Patriche, 200 SE 41h Terrace, Dania, came forward and was sworn in. Chairman Bettor said to Ms. Patriche that at the last meeting she was going to try to show some sort of documentation as to when she had the violation taken care of Chairman Bettor stated that he was the selling agent on her home in which he remembers what it looked like and in his personal opinion Ms. Patriche has done a lot to improve that Dania Beach Code Board Summary Minutes 5 August 2,2004 corner, but he still needs to see some documentation. Ms. Patriche stated that she .had to pay the penalty because the people from affordable tree services sued her because she didn't pay them within 30 days. She said that Inspector Cary didn't take the time to come to inspect the property and she had to pay $40.00 by check for his expenses. Ms. Patriche stated that it took over 1 month for the inspector to give her the okay to pay the company. Chairman Bettor stated that if he remembers correctly that it was a violation of the swale of the road where some trees, the base of a black olive tree sprouted off some young limbs and that Ms. Patriche has shown that on 1/02/04 Affordable Tree Services serviced her property and charged her $300.00. Ms. Patrice stated that the date was 1/14/04. Chairman Bettor stated that the compliance date was January 22nd and he said that she had the work completed before the compliance date. Gary Luedtke made a motion based on the evidence provided that the work was done prior to the compliance date and to cover the cost to abate the fine to $500.00. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-no Gary Luedtke-yes Judith Tulacro-yes Terrell McCombs-yes Richard Bettor-yes Attorney Ryan asked what was the motion, if the motion was to abate to $500.00. The board members answered, yes. Attorney Ryan stated that the code officer wanted to speak before the vote. Mr. Johnson asked what is the date that the board is going by. Attorney Ryan stated that there is a work order from a tree service that indicates that certain black olive trees were removed as of January 14`h of 04, and so the question arises whether that work places the property in compliance. Attorney Ryan said to the inspector that he has some photos indicate the property as still being in violation as of April of 04. Mr. Johnson stated that wasn't just the trees, and that it had to do with weeds and grass. Mr. Johnson asked Ms. Tullos if he was correct. Ms. Tullos answered, yes. Mr. Johnson stated that he has some photos from April 8, 2004 still showing the property still in violation. Chairman Bettor asked the inspector could it be that the violation was cleared and it just grew back. Mr. Johnson answered no, and that he thinks that what she showed the board had something to do with removing trees. Mr. Johnson said that this was for weeds and grass and that it wasn't to remove trees it was just to clean up the hazard of the undergrowth of the tree. Chairman Bettor read aloud, that the violation states to lift and thin 5 black olive trees. Mr. Johnson stated that the pictures depict grass growing into the fence. Ms. Tullos explained that the pictures are of the outside of the fence where there is a spot in which it goes in and that is where they park a car and that is where you can see the open part of the fence. Attorney Ryan began to explain what the board was looking at, which was that it appears that there was substantial compliance because the small sprouts the black olive trees were cleaned as indicated by the work order. And, what had not happened is that the weeds and the growth along the fence had not been trimmed back. Attorney Ryan stated that the discussion among the board members is that it appears that there was substantial compliance, Dania Beach Code Board Summary Minutes 6 August 2,2004 but there wasn't total compliance so the question is if somebody wants to reopen the order and perhaps go from 500 to a different amount because it was not completely in compliance until sometime after the April photograph. Attorney Ryan stated that is where they are and if someone wants to reopen the order then to open the order or otherwise it is a recommended order that will go before the city commission for final disposition. Chairman Bettor asked if there was any further discussion. Judith Tulacro stated that she would like to leave the motion and the vote as stood from when it was first done. Chairman Bettor asked for a second on the motion. Attorney Ryan explained that if the motion is being left as is then there is no need for a motion. Board Clerk Gloria Brandes stated that there was a motion by Gary Luedtke which was seconded by David Nuby for $500.00. Attorney Ryan asked if that motion was voted. Chairman Bettor said that it was voted. Mrs. Brandes stated that it was voted and it passed. Attorney Ryan stated that unless someone is going to move to reconsider then that is the end of the case as far as the board is concerned, and then it will go before the city commission for consideration. Mrs. Brandes stated that would be in September. Chairman Bettor explained that it is only a recommending board and the City Commission can reinstate the fine to the fullest capacity or they can reduce it further. Ms. Partriche asked what she is supposed to do. Attorney Ryan told Ms. Patriche she will get a notice to appear before the city commission and they will make the final decision. Ms. Patriche asked if there was anyway that she could have access to her file to see all of her citations that were assigned to her. Attorney Ryan told her to come in and see the clerk and they will make photocopies and she will have to pay for the cost of the copies. 9) #03-5771 Ravenswood Diesel Inc. 2144 SW 381h Street Fort Lauderdale, FL Inspector Gary Phaneuf came forward, was sworn in, presented 2 photos and gave the following testimony. This is a violation of the Florida Building Code 104.1, remodeling work being done, a second floor addition without a permit. As of today no permit has been issued. Building Official Kenneth Koch, having been previously sworn in came forward and gave testimony that a permit application was received on March 2°d, in which it was reviewed and rejected. The applicant came back and picked up the rejected application on May IOh, and the plan has not come back or any permit issued. It is still in violation for work without a permit. Chairman Bettor asked if there was anyone representing Ravenswood Diesel. Rachel Smith, 2144 SW 38`' Street, Dania, came forward and was sworn in. Chairman Bettor asked Ms. Smith how she is related to Ravenswood Diesel. Ms. Smith said that she is the business that is located at 2144 and the 2150 address is that of her landlord Ravenswood Diesel. Chairman Bettor asked if Ravenswood Diesel knows that she is appearing before the board for this violation. Ms. Smith said yes. Ms. Smith stated that they did the work that they shouldn't have. They have been trying to come into compliance but have not been able to and they would like to request 30 to 45 days to remove the offending Dania Beach Code Board Summary Minutes 7 August 2,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 11/02/04 Agenda Item#: WOO Title: Request for Abatement Requested Action: Consideration of the Abatement Request for#02-3877—Allison E. Funes—5505 SW 44 Terrace Summary Explanation & Background: This property was originally cited on 1/17/03 for 4 violations and given 30 days to comply. Ms. Funes did not comply and the case was heard by the code board on 9/08/03. The board issued a final order giving Ms. Funes 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 10/19/03 and she did not comply until 10/06/04. The fine ran from 10/19/03 through 10/06/04, 353 days @$100.00/day = $35,400.00 plus$100.00 recording fee = $35,400.00 owed. The fine was confirmed on 2/02/04. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abating the fine to $5,000.00. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 9/08/03, and 2/02/04 code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name &Phone) Recommended for Approval By: Code Enforcement Board recommends abating the fine to$5,000.00 because the owner thought they had a permit from Fort Lauderdale and did not know they had to come to Dania Beach. 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 #02-3877 Allison Funes 5505 SW 44 Terrace DATE: November 2, 2004 This was originally heard by the code board on 9/08/03 for 4 violations. A final order was issued giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The compliance date was 10/19/03 and she did not comply until 10/06/04. The code enforcement board, after hearing testimony on 11/01/04, decided by unanimous vote to recommend abating the lien to $5,000.00 because the owner thought. they had a permit from Fort Lauderdale and did not know they had to come to Dania Beach. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD vll'aj�V'0�01 ze Richard Bettor, CTiairman RB/gb Request for Abatement- #02-3877—Allison Funes—5505 SW 441h Terrace Inspector William Dubisky having been previously sworn in, came forward and gave the following testimony. Mr. Dubisky stated that this case was originally heard by the board on 9/08/03 and the compliance date was 10/19/03 and the defendant did not comply until 10/06/04. The fine ran for 353 days @ $100.00 a day plus $100.00 recording fee = $35,400.00 owed. The fine was confirmed on 2/02/04 and continued the foreclosure authorization indefinitely. Gary Luedtke asked what the nature of the violations was. Mr. Dubisky stated that this was a In,violation of Chapter 14, unlicensed and inoperative vehicles and Florida Building Code 104 for putting in a paver drive without permits Chairman Bettor asked if the defendant had permits from the county prior;:or somri nd of confusion over that issue. Mr. Dubisky said that there was nd confusion because the defendant made application to the county prior totke""annexation of Dania but the permit was never obtained. He said that whe: "first addressed the property he was sent a copy of the application but they never had a perinif issued from tliecounty and they went ahead and did the work. Tim McLeod asked if the cars were taken care of right away. Chairman Bettor said that�he th ught there was a race car there. Mr. Dubisky said that the cars were not taken care of right away but eventually the property came into compliance Chairman Bettor asked if there was anyone representing Allison Funes Jose ryFunes, husband,5505�SW 44th Terrace, Dania, came forward and.gs sworn in.,-°4Chairman Bettor stat d that at the last meeting he brought everything into.compliance bey getting rid of the car. Mr. Funes stated that the car,was'on a trailer and the4ia"iler was registered and he was told that it isn't like to-see the trailer there so he moved it out of the way. He said that he was told that he needed'a license to be a landlord because it was thought that he was renting his pr pe 1, but h has 11Yed there since day one. Mr. Funes stated 4ftthat accordug to the it on the driveway, he said that he applied for the permit R arrd they issued,.him Elie permit and that is when he started working on the ?driveway as a fatnrly project.,and that was the during that time when the city 'switched places. He said thaf he has every single thing that he need to have is on the 3paper except the piece of cardboard that got lost during the moving around and fie did apply foreverything and the only difference is that between the two is that is that',one is�from the City of Fort Lauderdale and everything is the same that is right there ri i ,black and white 2001. Mr. Funes said that the same paperwork was approved`with the same dimensions and everything in the City of Dania. David Nuby asked if he has a permit with the City of Fort Lauderdale. Mr. Funes said yes he has one they made him do it again because they swapped cities from Fort Lauderdale to Dania and he said that is when he got caught in this and he tried to explain to him that he already had the permit in which he faxed over the paperwork and he said the inspector said.he doesn't care because this is Dania now. Chairman Bettor stated that since it is up for discussion he feels that Mr. Funes has.tried to cooperate with the city and he believes that the board told the Dania Beach Code Board Summary Minutes 2 November 1,2004 defendant to come back for an abatement. Allison Funes, 5505 SW 44`h Terrace, came forward and was sworn in. Mrs. Funes stated that the inspector came to her house and knocked on the door and spoke to her mother-in-law who didn't speak English at that time. She stated that at that time the inspector decided to accuse them of something that was not true by saying they did not live in the house and that they were renting out the house to someone else and they have been living there since the bought the house on September 29, 1996 for the last 8 years. She said that the inspector accused them without even checking anything and then the second thing was the trailer and her husband moved the trailer the next day and the third thing and all of the family with the 5 children didthe driveway together and she says she has the pictures and the proof that they just tried to make their house look beautiful and because they needed the parking because they have 5 kids so they needed more space to park the cars ;.`chief Code Inspector William S. Johnson came forward and stated that i "is,:his understanding that this is an abatement and they are not there to retry, case and this is anrabatement request they are not going to present any evidence becausethe board already decided in the case and all the evidence has been heard and decision has been made and if they want to appeal then they would h0d'Ao go to the circuit court of appeals to appeal this case. Chairman%Bettor stated' that he doesn't think that they are appealing the case. Jimmy eterman mad64,Jnofion to abate the amount to $5,000.00 based on the statement b at'was made from the family that they didn't know that they shoufd?ga to the City of Dania and they thought that they had got a permit from Fort Lauiderdale Tim McLeod seconded the motion and it carried on„the following.,roll call. David Nubyyes Tun McLeod yes Judy Jensen-yes Jimmy Peterman yes Gary,Luedtke yes, Richard Bettor-yes 14 ya y OF \ „z �r Dania Beach Code Board Summary Minutes 3 November 1,2004 INSTR#103808865 OR BK 37062 Pages 14-18 RECORDED 03/15/0410:19:41 PR PARED BY: BROWARD COUNTY COMMISSION TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 2000 Special City Attorney #6,5 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, 27 day of February, 2004 CITY OF DANIA BEACH By: Patricia Varney Finance Director FUNES File: CEB 023877 FINAL ORDER 0136-10-0080 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #02-3877 municipal corporation PLAINTIFF, FINAL ORDER vs. ALLISON E. FUNES DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 8, 2003, 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, Allison E. Funes, did allow the following code violations to exist at property Defendant owns located at 5505 S. W. 44 Terrace, Dania Beach, Florida, which property is legally described as: C & S SUBDIVISION 89-40 B LOT 4B (#0136 10 0080): 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 #02-3877 PAGE 2 2. Chapter 15, Section 15-1. Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. 3. Florida Building Code 104, Permits Required. Defendant did install or had installed a paver driveway without a permit. Failure to obtain permit for the installation of a paver driveway. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Allison E. Funes: (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 $100.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Allison E. Funes, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the 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 fines 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 fines 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. ORD RED at Dania Beach, Broward County, Florida, this Iq day of 2003. Return to: Patricia Varney,Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL 'ORDER #02-3877 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: _,... 4 Richard Bettor, C airperson Notary Seal: Sworn and subscribed before me this day of 2003. NOTAR PUBLICS ATE OF FLORIDA Richard Bettor is personally known to me. GbnOitssf�BD18/260 o � or� ExWres May 1�,20�1 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 . t FINAL ORDER #02-3877 PAGE 4 CERTIFICATE OF SERVICE CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Allison E. Funes, this z_day of , 2003. CERTIFIED MAIL 7002 2030 0003 2268 5650 CODE ENFORCEWENT 80ARD CLERK APPROVE AS TO FO M AND CORRECTNESS TIM RYA , SPECIAL CIYY ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 3 uw IL LL <" a u j 1 Ln tir L s co cc co �a M `� � r-3 _ § 1� ^, 'nLL P \T z co O U- uj o C3 U) � ru < u ni a `4' o +. t0 LL LL d LL d liCL vd 'fl mm and d - ;Q:o hti CU 'r JS55 99T2 E000 OE02 20OZ a� o cv D 0 15 C U F o w c� a) o,p _ o o r U INSTR#103808866 R CORDED 03//15 0410:1g 41 P EPARED BY: BROWARD COUNTY COMMISSION TI OTHY M. RYAN, ESQ. DEPUTY CLERK20pp Special City Attorney V.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, 27 day of February, 2004 CITY OF DANIA BEACH By: Patricia Varney Finance Director FUNES File: CEB 023877 SUPP.ORDER/CLAIM OF LIEN 0136-10-0080 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #02-3877 Municipal corporation PLAINTIFF, FINAL ORDER vs. ALLISON E. FUNES DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The Cityof Dania Beach Code Enforcement Board "Board" 100 West ("Board") Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector William Dubisky, on the City's Motion to Confirm Fine held on the 2"d day of February, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 19th day of September, 2003, a Final Order in the above captioned case commanding the defendant, Allison E. Funes, to bring the violations specified in said Final Order into compliance on or before the 19th day of October, 2003, or pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #02-3877 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: C & S SUBDIVISION 89-40 B LOT 4B (# 0136 10 0080). 3. That the.Defendant, Allison E. Funes, 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, Allison E. Funes, 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 andi 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 ORDERED at Dania Beach, Broward County, Florida, this �3 Day of , 2004 . DANIA BEACH CODE ENFORCEMENT BOARD By: �ft --- ichard Bettor, Chairman Sworn to and subscribed before me this day of �.��• , 2004 By Richard Bettor, who is personally known to me. NOTARY PUBLI ST TE OF FLORIDA Gloria J erandes } My Commission DOI87280 w�d Expires May 10,2007 Return to: Macciano Lewis 2 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #02-3877 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Allison E. Funes, this o23 day of , 2004. CERTIFIED MAIL # 7002 2030 0003 2169 0043 CO ENFORCkeMENT BOARD CLERK APPROVED S O FORM AND CORRECTNESS 7 '4" --� TIMOTHY W. RYAN, 8PECIAL ITY ATTORNEY xc: Bryan Mathis, Esq., Day d Marshall Brown, P. A., 33 N. E. 2 Street, Suite 208, Fort Lauderdale, F 33301 Certified Mail 7002 2030 0003 2169 0067 Also sent regular mail Return to: Macciano Lewis 3 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 C r� r; ,n o "- a uj � v Q� r�o •:I� y� \ �� P y N fl O9i O (D n'r t Ir M ru �Qa o N 11 _. 0 C f6 m m N c U) J ® m m d m� ,, _ M — In O .•. CL ca 72 cm .om d� g Efi00 64T2 EO00 OE02 200Z > o 0 O cM ; COL Cc Cc U � c o c O W �- � � O •c: • U � C3 u 9. 0' , Postage; $ ri'i Certtled Fee � 0 -; Postm Retum Redept Feeee (7 :� :° (Endorsement Required) o He p ' Restnded Delivery Fee: " �? M (Endorsement Required) Total Postage&Fees O or PO Box No.-- ---- 3 a �/ � . • (j,Q7T 3® ID 0 o 0 0 0 .�' a rare, r d m,. ,-# ,4- re �� {� ��' ® Complete items 1 2 and 3 Also complete �� � �,9 � ❑ ant t yy Item 4 if Restncted Dehvery�is desired � , ��� � � ,� � � ,� q9 ® Pnnt your name and address on thereverseM � � >❑Add` " , .a '.'�4�I,qr so that we can return the card,to you f pj' rP" ` s= r^ f sD Is delivery address drfferertt m ftem ❑� s 1 le A ddreSSed to s5 r ;xtdv 7 red 51 $ 4-4 If YESenterdelivery,address below ❑Noy ss,^ F1t ic a x f ����,>F ��� Yt��x� w a I IL � % d5 r ��� 4�� ��� � � � O Registered� ❑fRetum'Receipt for Merchandise �-Y � � � r� � � ���, �� r�l�, � ��` e?rY� °'.t �'� -�`�'•+sxa�,�^ a e" "�" cz 3`c k^ �,� � � e� r<` � �:J�,� / �§'' tea � ❑Insured Melr3�'}❑COED �, 4-�� �a�� �. '`r X � �e s �x"'x /rz r,o-�^� �v�;� i �_�a �43�s_p�^�� xs�r i � a ,✓a � r..��.:' Y+* �', in �;;..,:� ���",a£rc�, ;#.: . +a��y ,�a=`��� �� s�`� 4 Restricted Del ery?:(Extra Fee) �,�� *�❑Yes�'c ��"} 'ea�,�-kab���. � .�. � .., ,.,t. ..:_. .zxs...-,:r_:_sr.mFr�'-:�, r.,K.,s,v,,._•s yE....,�¢S f-��`r, 7002�2030y 0003 2169 OQ67` ' T, x.� ` -PSI- ",IForm s $4 x ,+r{,�Domestic Retum Recei „* $ .��,� .a 102595-02 M-1540 c a I!•1 " x,+ ! ° M ttr F ,x ,. y t it y s -sa,, y k z "` ,s-z ca'' s r a t x�.y,c • t w� f w 1 y FLORIDA January 17, 2003 ALLISON E FUNES Case Number: 02-00003877 5505 SW 44 TERR FT LAUDERDALE, FL 333146719 Location: 5505 SW 44 TER Folio: 504136100080 Legal Description: C & S SUBDIVISION 89-40 B LOT 4B Dear ALLISON E FUNES: 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 February 17, 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. SZ:re ly,y, o� KENNETH KOCH B ILDTNI OFFICIAL UJ. "m WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5814 5389 by SHARIANN PEARSON. "Broward's First Cit}r" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.El.us V LVLAl1VLV LlGLL�LJ.J Yt1lJ1"J 1 - CASE NUMBER 02-00003877 PROPERTY ADDRESS 5505 SW 44 TER -------------------------------------------------------------- VIOLATION: CH. 14, SECTION 14-2 QUANTITY: 1 DESCRIPTION: CH.14, SECTION 14-2 DATE: 1/17/03 LOCATION: NARRATIVE All inoperative and unlicensed vehicles, trailers, and vessels must be removed from the property. ORDINANCE DESCRIPTION : Violation of Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. The storage or parking of all inoperative vehicles, trailers, and vessels is creating a public nuisance. -------------------------------------------------------------- VIOLATION: OCCUPATIONAL LICENSES QUANTITY: 1 DESCRIPTION: CH. 15,SEC. 15-1 . DATE: 1/17/03 LOCATION: NARRATIVE City of Dania Beach Occupational License must be obtained for any/all leased, rental, income, and/or multi-living properties. ORDINANCE DESCRIPTION Violation of Chapter 15, Section 15-1. Occupational Licenses . Operating a business without a valid Occupational License is prohibited. -------------------------------------------------------------- VIOLATION: CH 22, SEC 22-1 QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-1 DATE: 1/17/03 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. -------------------------------------------------------------- VIOLATION: FBC 104, PERM.REQ. -PAVING QUANTITY: 1 DESCRIPTION: FBC 104, PERMITS REQ. DATE: 1/17/03 LOCATION: NARRATIVE Obtain permits and all inspections within 30 days or remove all work. ORDINANCE DESCRIPTION CASE NUMBER 02-00003877 PROPERTY ADDRESS 5505 SW 44 TER ORDINANCE DESCRIPTION : FBC 104 .Violation of Florida Building Code 104, permits required. Paver driveway installed without permits. , T • E Cc m •• b Ln • , CO Wil� Ln 0 Postage $ C3 0 C(rt d Fee Return Receipt"Fee ark 1� (Endorsement Requica red) Here .0Y Restr(cted Delivery.Fee , (Endorsement R Ul J " *\ Total Po r1J stage&Fees I ' M1 Allison E. Funes srre'er,'a.5505 S W 44 Ter. or PO By city sre; Ft. Lauderdale, FL 33314 t D o pe e • • " ® Complete items,l,4 and 3:Also complete `; - %A; S d ignatur item 4 Restricted Delivery is desired.` ❑Agent X a Print your,name and address on the reverse ❑Addte2see so that we Can return the card to you.` B. Re ei d by(Print d Name) C: Date of Delivery ® Attach this card to the back of,the mailptece, 2 or on the front if space permits. Ch D; Is delivery address different from item 1? ❑"Yes 1. Article Addressed to: If YES,eriter delivery address below:, ❑ No Allison E. Funes j 5505 SW 44 Ter. Ft. Lauderdale, FL 33314 3. Service Type, i FiJ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number ,(,) 0r-Q 00 &O 0000 E V 3? (transfer from service label) VI O V PS Form 3811,August 2001 Domestic Return Receipt ._ 102595.02-M-1540 Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 29) #02-3877 Allison E Funes 5505 SW 44 Terrace Ft. Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and gave 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 is a violation of Chapter 14, Section 14-2, junk and abandoned vehicles; Chapter 22, Section 22-1, buildings to be numbered; FBC 104, paver driveway installed without a permit. As of today, the property is still in violation of Chapter 14, there has been no re-inspection requests to confirm that the vehicles in the photos are legal; Chapter 22-1 has complied; FBC 104 has not complied because there is no application for permit. Mr. Dubisky submitted two photos into evidence. The first contact with the violation was 1/17/03. Chairman Bettor asked if there was anyone representing Allison Furies; no one came forward. Board Clerk Gloria Brandes brought it to Mr. Dubisky's attention that there is an Occupational License violation. Mr. Dubisky replied yes there is also a Chapter 15, Section 15-1, Occupational License has not been applied for and that is still in vioaltion. Beulah Lair made a motion, to adopt the findings of fact by Wil Dubisky, that the offender be given 30 days to bring the violation into compliance or a fine of $100.00 per day. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 30) #03-4890 Chriss E Marcus 4274 SW 48 Court Ft. Lauderdale,FL Code Inspector Eric Baker, having been previously sworn in, came forward and submitted four photos, one as of 7/31/03, and the other is of today. 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 13, Section 13-23, Public Nuisance, trash,junk, weeds and grass; Chapter 8, Article II, Section 8-21 A5A 1&2, paint violation. As of today, the property is still in violation of Chapter 13, trash and junk still on the property, grass needs cutting; Chapter 8, building needs painting. The first contact with the violation was 6/25/03. Chairman Bettor asked if there was anyone representing Chriss E. Marcus. Tim McLeod made a motion, to adopt the findings of fact of Eric Baker, that the violations do exist, that the violator be given 30 days or a fine of$100.00 per day. The motion was seconded by Judy Tulacro and carried on the following roll call: Dania Beach Code Board Summary Minutes 20 September 8,2003 Officer Eric Baker, that the violation exists and the defendant be given 30 days or a fine of $50.00 per day. The motion was seconded by Jimmy Peterman and carried on the following roll call: Tim McLeod-yes Judy Jensen-no Jimmy Peterman-yes Gary Luedtke-no Richard Bettor-yes Terrell McCombs-yes 22) Hearing to Confirm -#02-3877—Allison E. Funes—5505 SW 44 Terrace Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 10/19/03. The re-inspection on the property on 2/02/04 revealed that the corrective action had not been taken, and the Chapter 14, vehicle remains on the property, and no building permit has been issued for the installed driveway. Chairman Bettor asked if there was anyone representing Allison Funes. Jose Funes, 5505 SW 44 Terrace, Ft. Lauderdale, FL, came forward and was sworn in. Mr. Funes said that the he was asked to move the vehicle and apply for a driveway permit. He has applied for the permit. Chairman Bettor asked Mr. Funes to identify the photos of the property. Mr. Funes said yes they are photos of his vehicles. Tim McLeod made a motion to confirm the case. The motion was seconded by Gary Luedtke. Chairman Bettor asked Attorney Pinsky to explain to Mr. Funes that once Mr. Funes complies, he could then come back for an abatement. Attorney Pinsky explained to Mr. Funes that once he has complied with the violations, he could come back to the board for an abatement which is a reduction of the fine. The motion carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 23) Hearing to Confirm Fine - #03-4022 — Joseph J. & Alisa M. Herold — 4542 SW 25 Avenue Code Inspector Gary Phaneuf came forward, was sworn in, and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 12/07/03. The re-inspection on the property on 12/07/03 revealed that the corrective action had not been taken, no valid license tag for the trailer or registration sticker for the boat was displayed. The property was brought into compliance on 1/26/04. Mr. Phaneuf said that the owners were unable to attend the meeting due to a family emergency. They are requesting an abatement. There were some discussion by the board members in regards to confirming the fine now or hearing it as an abatement. Judy Jensen made a motion for the case to be abated to $500.00 due to the family illness. The motion was seconded by Tim McLeod. Attorney Pinsky asked if the motion is to confirm the fine at $500.00. Judy Jensen said that she wants to motion to confirm and abate the fine. Chief Code Inspector William S. Johnson, having been previously sworn in, came forward to suggest a time frame be put on the due date of the money. Attorney Dania Beach Code Board Summary Minutes 14 February 2,2004 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�� 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. I 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 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 8/6101 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 r 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 ��/A!!!� Richard Bettor, Chairman RB/bd , FLORIDA Davidson Forgues 1476 S Dixie Hwy Dania Beach, FL 33004 Case#1234 DATE: I I Q t PROPERTY ADDRESS: 114 You are notified that you are presently in violation of the following Code of Ordinances, City of Dania Beach, Florida: ^ dI r, . r-ef I�.� ` (� Q LI 1++ P�J 11�I�4 1/�/../�,�+ r-�, T 1l,o i.0­�J' 1/!t: h� c T fr 24K 7ri1/\ ,)r, 4120 7atSA•)n Pr,ir OU-t� � de ���ATr, np el;�rl� C1�t's-.fJ�-Qr �C '`!�/'• A� '�AZ �Q�z.� /t•�1 A11 .l1l.A . 6'�A11.�1J.�C i-r,p f'ir.111//1r� 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. r Code Inspector 1 924- '3 I certify that an original hereof was furnished to the above named addressee by Certified mail # 170Gq �40a Qni Lf 14_�51 230u "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.El.us INSTR # 101761545 OR 8K 32887 PG 0586 PREPARED BY: RFCtQU) 03/14/2W2 10:A AN TIMOTHY M. RYAN, ESQ. gt;y1LN Special City Attorney MUM M*1y City of Dania Beach tkAN LURK M 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 DAVID E. KELLER Finance Director File: CEB 01-0141 FINAL ORDER OR BK 32887 @G 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 8K 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 b � day of �� , 2001. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: Richard Betto , Chairperson Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach,FL 33004 i FINAL ORDER OR BK 32887 ECG 0589 CEB01-0141 PAGE 3 Sworn and subscribed before me this 21 day of 2001. NOTA11Y PLIBLICy TATE OF FLORIDA Richard Bettor is personally known to me. 0 0P RV P&BI/ O aAL GFI NOTARYLORIA JaRa " COMMISSION NUMBER CC828490 OF FL�O MY COMMISSION E�IRES MAY 10 2= Return to: David E. Keller, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 r. FINAL ORDER OR BK 32887 PG 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 COD ENFORCE E BOARD CLERK APPROVED TO FOR", ND CORRECTNESS TIM RYAN7!SPECIAL 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: RMIf;10 03/14/ MA M TIMOTHY M. RYAN, ESQ. omfli ftw Special City Attorney Bl,'(.d W UAKI Y City of Dania Beach %An I`-RK mW 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 By: (9,c>�U.11 7 dl ikkJ DAVID E. KELLER Finance Director File: CEB 01-0141 SUPP.ORDER/CLAIM OF LIEN OR BK 32887 PG 0592 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 14th 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 219t 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 1476 OR 8K 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 rt' day of dam, 2002 . DANIA BEACH CODE ENFORCEMENT BOARD By: 4 Richard Bettor, Chairman 2 OR BK 32887 PG 0594 Sworn to and subscribed before me this 4L day of JZ , 2002 by Richard Bettor, who is personally known to me. ,�LLR Not y PubliU State of Florida �P¢Y Pt/8 U GLOR NOTES O� �l�O COMMISSION NUMBER CC828490 MY COMMISSION EXPIRES OFF O�OMAY 10,2003 0 3 f 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 '�" day of Jt" , 2002 . CERTIFIED MAIL # 7001 0360 0000 4108 2482 COD9 ENFORCEMtNT BOARD CLERK APPROV 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. CEB01-0137 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. CEB01-0141 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 6,2001 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 testimohy 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. CEBO1-0142 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, # 101, Ft. Lauderdale, FL 33301, 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 — CEBO1-0141-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 Dania Beach Code Board Minutes 3 October 16,2001 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. City Manager Pato mentioned that he also met with Janice and Jimmy Peterman and Albert Jones to involve them in the completion of the project. He was hopeful that, with the assistance of the Public Works Department, Craven Thompson Engineers, citizen involvement and the approval of an $113,000 Change Order, the project could be completed by December 23`d Commissioner Bertino clarified that the public meetings was i at held t as the on the project engineering firm fencouaaged the to monitor the project and there was 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. Commissioner Mikes stated that Dania Beach is a working class community and that other areas of the City should also be able to qualify for CDBG funding and that it is not fair to the 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 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 11.1. 11.3 Request for Abatement of CES01-0141 by Davidson Forgues for property located at 1476 West Dixie Highway. (Staff) William Johnson, Chief Code Officer, explained the facts presented to the Code Enforcement Board and advised that the Board recommended a $3,000.00 abatement from $7,600.00 owed. The Board considered the fact that Mr. Forgues was out of town and that someone that he had left in charge allowed people to park cars on the property without his knowledge. 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 NOVEMBER 13, 2001 CITY OF DANIA BEACH 12 12 l • t 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 tile 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 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 �p 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 DAVIDSON FORGUES 1476 SOUTH DIXIE HIGHWAY DANIA BEACH, PURIIDA 33004 RE: CITY OF DANIA TO MAYOR ROBERT CHUNN, VICE MAYOR PATRICIA FLURY, COMMISSIONER JOHN BERTINO, COMMISSIONER MAC McELYEA, COMMISSIONER BOB MIKE; I, DAVIDSON FORGUES OF 1476 SOUTH DIXIE HIGHWAY, AM WRITING THIS LETTER TO REQUEST A RECONSIDERATION OF HARDSHIP WAIVER Or PAYMENT OF THE FINES PLACED ON THE ABOVE NAMED PROPERTY. THE REASONS FOR THE REQUEST IS AS FOLLOWS: RECENTLY, MY WIFE PASSED AWAY AND IT WAS A FINANCIAL SETBACK. THE LOSS OF MY WIFE'S INCOME, CAUSE ME TO BE FINANCIALLY DISTRAUGHT, AS I'VE HAD NA ENORMOUS AMOUNT OF FINANCIAL HOSPITAL BILLS, FUNERAL EXPENSES, AND OTHER BILLS I AM NOW RESPONSIBLE TO PAY. ALONG, WITH THIS, I AM LEFT WITH SECURING MY MINOR CHILDREN WITH THEIR LIFESTYLE. BECAUSE 1 AM NOW A SINGLE PARENT, J HAVE TO PAY TO HAVE ASSISTANCE WITH THEIR CARE, AND HAVE TO PAY ,SOMEONE FOR IT BECAUSE AT THIS TIME FAMILY MEMBERS ARE NOT AVAILABLE. I. AM NOT NEGLECTING THIS OBLIGATION, BUT I AM TIN THE HOPE THAT THE CITY OF DANIA WILL CONSIDER THIS HARDSHIP AND WAIVE THE FINES. THANK YOU FOR YOUR CONSIDERATION IN THIS MATTER. SINCERkLY. YOURS, � � y f�0� _y DAVID ON ?FORG i w COMM*"tc'c ow � G f MOT '1M OS93 --- 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 1/4 OF SKI/4 N CO RD 01203 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 find of $7,500 plua 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, 20010, and the City Commission abated the $7, 600 fine to $,3,000 and granted Defendant six Months from its order on November 13, 2004 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 re4l property .and it shall be a lien against any other real or persone' l property owned by said Defe ttt DONE AND ORDERED at Dania Beach, Broward CO,uc ty, . Florida, this '`day of 2002. DANIA BEACH CODE 90FORCEMENT BOARD By: od j4m�� R chard Bettar, 'Chairman 2