Loading...
HomeMy WebLinkAbout2004-09-16 Abatement City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARINGS THURSDAY, SEPTEMBER 16, 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 1.0 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. 1N 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 1st Avenue in Dania Beach. (Folio #0234-01-0110) Continued front' July 29, 2004 Special meeting. 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). 3.5 Request by Elisabeta Patriche, for abatement of Case #03-5438, for property located at 200 S.E. 4'h Terrace. (Folio #1203-55-0010). 3.6 Request by Chris Murray, for abatement of Case #03-4944, for property located at 4287 S.W. 49'h Court. (Folio #0136-06-2270). 3.7 Request by Michael Abbott, for abatement of Case #02-3397, for property located at 4597 S.W. 29'1' Terrace. (Folio #0229-01-1130). 4. ADJOURNMENT 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 Vt 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 44t" 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 who, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk, at 100 West 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 �p ROCKY I VIP 0R T A N'T: If you are looking to purchase this property,the tax amount shown may t ®��� V i � have no relationship to the taxes you will pay. Please use our Tax Estimator to determine a more likely estimate of PROPERTY APPRAISER your new amount. PREVIOUS PtlEI(T VI PRINT WE1R9 5>EftiEC6+ypsi �CP/1 HI�IE Site Address ID# 5042 34 010110 Property Owner MCC UTCHEON,IVORY &MCCUTCHEON,S%ARTHUR Millage 0443 FRANCIS Mailing Address PO BOX 637 DANIA FL 33004-0637 Use 10 Legal TOWN OF DANIA B-49 D LOT 1 BLK 2 Description Property Assessment Values Year Land 5uilding Land Value AG Total Tax Current $ 19,460 $ 19,460 2003 $ 19,460 $ 19,460 $496.59 2002 $ 16,920 $ 16,920 1 $430.40 Save Our Exemptions Home Value Type Widow(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 Drainage Improvement Safe 04 DS .A DS 12 0 http://www.bcpa.net/Includes/Inc_.Reclnfo.cfm 5/26/2004 11.9 Request by Ivory and S. McCutcheon for abatement of CEB00-0668 for vacant property locate, 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 I" Street property. IVIflV UTES 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 '44 v� 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 AULINUA REQUEST FORM CITY OF DANIA 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 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, FIL 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): I 11•%l L- lJl\LJLI\ CEB00-0668 PAGE 2 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 . .. .. ..- -- I--I% CEB00-0668 PAGE 3 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 Notary Seal: Ric'l and Bettor, Chairperson Sworn and subscribed before me this Date signed: day of 2001. NOTARY PUBLI STATE OF FLORIDA Richard Bettor is personally known to me. 0'; ,%Y P�F ;1Kta-ALMV)TAAYKA6 ALA J BRANDES t ::JMMISSION NUMBER CC828490 �rFO My COMMISSION EXPIRES MAY 10,2003 Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 r1114r%L- vrxur_n CEB00-0668 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing FinaOrder was mailed to the Defendants, Ivory and S. McCutcheon, this t — day of 2001. CERTIFIED MAIL 7099 3400 0014 4251 2588 CODE ENFbRC-E—ME4yBOARD CLERK APPROVED TO FORM D CORRECTNESS TIM RYAN, S CIAL CITY ATTOR EY Also sent regular mail Return tc: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 u� 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 BLK OF NW 1 AV FOLIO 0234-01-0110/ LEGAL DESCRIPTION BEING: TOWN OF DANIA 3-49 D LOT 1 BLK 2 Dear IVORY AND S . MCCUTCHEON: You are notified that you are presently in violation of the following Code of Ordinances, City of Dania, Florida. VIOLATION OF CHAPTER 13 , SECTION 13 -23 ; PUBLIC NUISANCE VIOLATION. PROPERTY DECLARED A PUBLIC NUISANCE AND MUST BE PLACED INTO GOOD CONDITION. 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 28 , 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. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 %vw%v.ci.dania-beach_fl.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 not hesitate to contact me. Ui.""*b u-6;.101 k, WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: _X_ Certified Mail Z 284 2G4 G04 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; Chapter 8, 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: en4 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 January 8,2M1 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 Jimmy 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 Minutes 8 December G.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 onhI a recommending body and that the Commission has the final decision. 41160 Ann Louise Rick^ meyer 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)1& 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 .Timmy 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 Summary Minutes 9 December G,2001 AGENDA REQUEST FORM CITY OF DANIA Date: 9/08/04 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for 04-0434—Aqua Isles LLC—3901 Griffin Road Summary Explanation & Background: Aqua Isles LLC was originally cited on 4/02/04 for a repeat violation of Chapter 13, Section 13-23; Public Nuisance. They were brought before the code board on 5/04/04 and the board issued a final order giving the defendant 15 days or a fine of$250.00 per day would be levied. The compliance date was 6/18/04 and they did not comply until 7/27/04. The fine ran from 6/18/04 through 7/27/04, 39 days @ $250.00/day = $9,750.00. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denial of the abatement. (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 5/04/04 code board meeting. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name &Phone) Recommended for Approval By: Code Enforcement Board recommends denial of the abatement. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk lgf� k� 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 #04-0434 Aqua Isles LLC 3901 Griffin Road DATE: September 8, 2004 This was originally heard by the code board on 5/04/04 for 1 repeat violation. A final order was issued giving the defendants 15 days L9 comply or a fine of $250.00 per day would be levied. The compliance date was 6/18/0 nd they did not comply until 7/27/04. The code enforcement board, after hearing testimony on 9/07/04, decided by unanimous vote to recommend denying the abatement. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard ettor, Wairman RB/gb CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-0434 municipal corporation PLAINTIFF, FINAL ORDER vs. AQUA ISLES LLC DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on May 4, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Aqua Isles LLC, did allow the following code violation to exist at property Defendant owns located at 3901 Griffin Road, Dania Beach, Florida, which property is legally described as: 30-50-42 BEG AT SW COR OF SEC 30, THENCE E ALG S/B 530.14, N 925.96, W 528.68 M/L TO A PT ON W/B OF SEC 30, 886.69 N OF SW COR, THENCE S ALG SAID W/B 886.69 TO POB LESS S 53 FOR CO RD (# 0230 00 0280): FINAL ORDER #04-0434 PAGE 2 1. Chapter 13, Section 13-23 Public Nuisance Violation. Defendant did store, or allowed to be stored, trash, junk and garbage on the subject property. Failure to remove trash, junk and garbage from the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Aqua Isles LLC (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $250.00 per day will begin running 15 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Aqua Isles LLC, for the foregoing violation listed in paragraph b.(1), a fine of $250.00 per day, to begin running 15 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant 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. OR D RED at Dania Beach, Broward County, Florida, this day of , 2004. 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 #04-0434 PAGE 3 Notary Seal: Sworn and sub sc *bed before me this day of 2004. NOT RY PUBLit STATE OF FLORIDA Richard Bettor is personally known to me. ,o v Gloria J BrandeS g ; My CommMlon DDI SM or w� Exprea May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-0434 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Aqua Isles LLC, this 3 day of , 2004. CERTIFIED MAIL 7002 2410 0007 0832 5546 COD ENFORCE NT BOARD CLERK APPROVED S TO FORM AND CORRECTNESS TIM RYA , SPE UAL CI 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 �, a rv�,a,CE , fig., 'r'",y: T�, a ,^i",�" �"' r cd 5 4a„A'vL'3 x r` �' �.. c h ^" ,^ Tim '`:#.:"�...x'`*:f4-'.,F�-t' *-a.x�,.:s ,��s � fi��.e�i.�'"���l�r ����r.t";E+`�'S��� z' �y` ® ° • s ° Wia tem§4 if Restncted;Deliverysis desired �� yourname an address on m d thereverse 7 q }that�we g�� � Received b ry Pnnfed Name), CDate OflDehve A xor on the front if space permitst A 1 Article Addressed to e'M ,�, ,; � �s deliv address different from item 1?�'❑Yes. ,�i`t" ,aaatt" +t ' Ls aIf YES enter delivery44 »a el �rlr l `a. �,t.. 'r'1' •4 s rY "�"',�.'Y ��y.�.*> y , .4`^�d&'AI KIP MORN MAA a,�#V1 tx / � § S SIC@ ­" �t fi y fi Registered ❑Return Receipt for Merchandise t xc� ! r �n s to ❑Insured a i a� � �z ���r� e yam � �y r "Nal'x'i tc� ��� 1� � '� � ;t�e ;' r 3i13 ,���.��°` e � a 4 Restncted Deliver k' � f rJilll ( n7 Fee) '` ' 4 7002 241� 2007 0832 5546 `� � �T ' h PS�Forl�i-$8131�sA�ugUSt�Q ` a�♦� �!i � "`' � �,t a k'} z td��r � B Y fiE r _,Wean 0 f FLORIDA Aqua Isles LLC Case# 04-0434 PO Box 1883 Hallandale, FL 33008-1883 �"• �� �3rd� DATE: PROPERTY ADDRESS: 39D/ �sri7�,✓ /1/ You are notified that you are presently in violation of the following Code of Ordinances, City of Dania Beach, Florida: Liz The above listed violation(s) is a repeat violation, as defined in Florida Statute 162.04(5). You must bring the violation(s) into compliance immediately and call for a reinspection. Pursuant to Florida Statute 162.06(3), your case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the Board hearing the case. You will receive notice of the date and time for your hearing before the Code Enforcement Board on the above-listed repeat violation(s). If you require further information or have any questions about the above violation, please do not hesitate to contact me. Code Inspector. 924- 70� I certify that an original hereof was furnished to the above named addressee by Certified mail # 700,,2 .. 030 0003 a?M? 51YJ- ** You may be fined up to $500. 00 per day for each day the violation continues, beginning today. As soon as you correct the violation, you must call the code inspector for a reinspection. `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us 25) #04-0434 Aqua Isles LLC 3901 Griffin Road Ft. Lauderdale,FL Code Inspector Eric Baker, having been previously sworn in, came forward and submitted fifty photos of the property. Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and stated that photos were taken everyday on the property. Mr. Johnson said that it would have been a repeat, but it will be taken as a new case. Mr. Baker said that notice was sent Certified Mail, Service was not obtained; also sent via first class mail, property was posted, and the Affidavit of Service is on file. This is a violation of Chapter 13, Section 13- 23, Public Nuisance, trash and junk. As of today, the property is still in violation of Chapter 13, trash is still on the property. The first contact with the violator was 4/01/04. Mr. Baker said that he has had several conversations with the owner in regards to the situation. Mr. Johnson said that because of the sanitary nuisance and the threat to public health then there should be a maximum fine to the property. Tim McLeod made a motion, to adopt the findings of fact by Eric Baker, that the violations do exist, that the respondent be given 15 days or $250.00 per day fine to bring the property into compliance. 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 Richard Bettor-yes Jay Hamilton-yes There being no further business, the meeting adjourned. Vicdhard Bettor, Chairman Dania Beach Code Board Summary Minutes 17 May 3,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 9/08/04 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for#02-2634—Aqua Isles LLC—3901 Griffin Road. Summary Explanation & Background: Aqua Isles LLC was originally cited on 6/04/02 for 9 building and fire violations and were given 10 days to comply. Aqua Isles LLC did not comply with all of the violations and were heard by the code board on 10/07/02. The code board issued a final order giving the defendant 60 days to comply or a fine of$75.00 per day would be levied. The compliance date was 12/23/02 and they did not comply until 4/28/03. The fine ran from 12/23/02 through 4/28/03, 126 days @$75.00/day = $9,450.00 plus $ 100.00 recording fee =$9,550.00 owed. The fine was confirmed on 11/03/03 and the code board authorized foreclosure on 6/07/04. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denial of the abatement. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 10/07/02, 11/03/03, and 6/07/04 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 denial of the abatement. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 02-2634 Aqua Isles LLC 3901 Griffin Road DATE: September 8, 2004 This was originally heard by the code board on 10/07/02 for 5 building violations. A final order was issued giving the defendant 60 days to comply or a fine of $75.00 per day would be levied. The compliance date was 12/23/02 and they did not comply until 4/28/03. The code enforcement board, after hearing testimony on 9/07/04, decided by unanimous vote to recommend denying the abatement. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard ettor, up" airman RB/gb r CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 2634 municipal corporation PLAINTIFF, FINAL ORDER vs. AQUA ISLES LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 7, 2002, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Aqua Isles LLC, did allow the following code violations to exist at property Defendant owns located at 3901 Griffin Road, Dania Beach, Florida, which property is legally described as: 30-50-42 BEG AT SW COR OF SEC 30, THENCE E ALG S/B 530.14, N 925.96, W 528.68 M/L TO A PT ON W/B OF SEC 30,886.69 N OF FINAL ORDER #2634 PAGE 2 SW COR, THENCE S ALG SAID W/B 886.69 TO POB LESS S 53 FOR CO RD (# 0230 00 0280): 1. NEC 551.74, Overcurrent Protection. Failure to hire electrical contractor to secure permit and make necessary corrections to provide proper overcurrent protection to trailers. 2. NEC 551.75, Grounding. Failure to hire electrical contractor to secure permit and ground service locations properly. 3. NEC 551.77(d), Mounting heights of power outlets. Failure to hire electrical contractor to secure permit and mount power outlets laying on ground above ground as per code article. 4. NEC 551.2, Deadfronts in panels. Failure to hire electrical contractor to secure permit and replace missing deadfronts from breakers feeding trailers and travel trailers. 5. NEC 680. Swimming Pools, Fountains and Similar Installation. Failure to hire electrical contractor to secure permit and make necessary corrections for swimming pool area to comply with requirements of NEC 680. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Aqua Isles LLC: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(5). A fine of $75.00 per day will begin running 60 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Aqua Isles LLC, for the foregoing violations listed in paragraphs b.(1) through b.(5), a fine of $75.00 per day, to begin running 60 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said 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 Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #2634 PAGE 3 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 12002. DANIA BEACH CODE ENFORCEMENT BOARD By: 4 1h,Z4 0'e-eel/� Richard Bettor, 6hairperson Notary Seal: Swo n and subscribed before me this day of 2002. NOT Y PUBLIC T TE OF FLORIDA Richard Bettor is personally known to me. NUM EX r Ss: Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #2634 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Aqua Isles LLC, this day of �(', _ , 2002. CERTIFIED MAIL 7001 1940 0002 6630 4762 CODE qNFORCEM T IJOARD CLERK APPROVED AS FORM A CORRECTNESS TIM RYAN,rECIAL CITY A ORNEY Also sent first class mail Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ®'Complete itemsY 1 ?,-and 3.Also complete 4;MOM Si` r item 4 if Restricted Delivery is,desired ❑Agent ,; Ell Print your name and address on the reverse' ❑`Addressee so that'we can return the card to'you g, ceived b (Printed N e); C. Date f D ivery: ® Attach this card to the back of the mailpie_ce, or on the front if space:permits.' D. Is delivery address different from item,l?. Ye 1, Article Addressedao: If YES,enter delivery address below: ' 0 No aA LEI Certified.Mail ❑ Express Mail RegisteredReturn 0-Insured Receipt t for Merchandise 4. Restricted Delivery?(Extra Fee) ❑ Yes 7�01 1.940- 0022. 6632 4762' PS Form 381;11,August 20b1 bomestic Return Receipt 102595-02-M-0835 e CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 02-2634 Florida municipal corporation, Plaintiff, -vs- AQUA ISLES LLC 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 Building Official, Kenneth Koch, on the 3rd day of November, 2003, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 24th day of October, 2002, a Final Order in the above-captioned case was entered by the Board commanding the Defendant, Aqua Isles LLC, to bring the violations specified in said Final Order into compliance on or before the 23rd day of December, 2002, 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: 30-50-42 BEG AT SW COR OF SEC 30, THENCE E ALG S/B 530.14, N 925.96, W 528.68 M/L TO A PT ON W/B OF SEC 30, 886.69 N OF SW COR, THENCE S ALG SAID W/B 886.69 TO POB LESS S 53 FOR CO RD (# 0230 00 0280) Order Imposing Fine Case#02-2634 3. Defendant, Aqua Isles LLC, did not comply with the Final Order on 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 April 28, 2003 when the Defendant complied with said final order. 5. The fine accrued for a period of 126 days at $75.00 per day for a total fine of$9,450.00. 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 day of /,�_,�_ , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this 04 day of 2003 by K.(_C�tG{.t a,+_ , who is personally known to me. 0"1144t� a—" �&� Nota4 Public, State of Florida aQ1►ar Gloria J Brander My Commission DD187280 a, Expires May 10,2007 Return to: Patricia Vamey,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#02-2634 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Defendant, Aqua Isles LLC, this aq day of , 2003, via U. S. First Class mail and U. S. Certified Mail No. 7002 2030 0003 2168 6831. (��— /2W6& CODE 6FORCEMEVNT BOARD CLERK APPROV S TO FO AND CORRECTNESS TIMOTHY RYAN, SPECIAL ITY ATTORNEY Retum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 l D 6 ® ® o e r I@ Complete items 1,2 and 3 Also complete Item 41 if Restricted Delivery'is deslr6& ❑Agent ® Print your name and address on the reverse ❑Addressee so that we can return,the�card to you.; eceiv ame C ,Date of Delivery ® Attach this card to the back of the maiiplece, �' or on the front If space permits 1. Article Addressed to: D s delivery address di Brent from m 1?., Y@s if YES,enter delivery address below: ❑No. 3. S ice Type I QI Certified Mail ❑Express Mail l ❑ Registered ❑ Return Receipt for Merchandise ©�� /�� ❑-Insured MaW ❑CA:D 4. Restricted Delivery?(Extra Fee) ❑ Yes, 2 7002 2030 0003 2168 6831 PS Form 3811°,fAugust;2001 Domestic Return Receipt 1/ 2ACPRI-03-P 4081 ` r r� FLORIDA " F �tEYe�ref _ 3 June 4, 2002 AQUA ISLES LLC Case Number: 02-2634 PO BOX 1883 HALLANDALE, FL 330081883 Location: 3901 GRIFFIN RD Folio: 5042-30-00-0280- Legal Description: BEG AT SW COR OF SEC 30 THENCE E ALG SIB 530, 14 N 925.96 W 528.68 M/L TO A PT ON W/B OF S EC 30,886.69 N OF SW COR, TEHN CE S ALG SAID W/B 886.69 TO PO (for full legal description, see attached ex. A) Dear AQUA ISLES LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section(s) and corrective actions for your reference. You are required to correct the violation(s) and call for a re-inspection by 6/14/02. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation(s), please do not hesitate to contact me. Sincere.yji e'l KENNETH KOCH BUILDING OFFICIAL EDWARD TARMEY FIRE MARSHALL I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6630 0368 by BETH DAGNON. "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NrJMBER 02-00002634 PROPERTY ADDRESS 3901 GRIFFIN RD -------------------------------------------------------------- VIOLATION: NFPA501A CH. 4 , SEC.4 . 2 . 1 . 1 QUANTITY: 1 DESCRIPTION: NFPA 501 A CH. 4 SEC. 4 . 2 . 1 . 1 DATE : 6/04/02 LOCATION: NARRATIVE THIS VIOLATION APPLIES TO 4794 SW 39 AVENUE. Remedy: Minimum of 10 feet side to side separation required between mobile homes . ORDINANCE DESCRIPTION �- Violation of NFPA 501 A Ch. 4 Sec . 4 . 2 . 1 . 1 . Fire Safety Requirements . Problem Description: Mobile Homes must have a minimum side to side separation distance of ten feet . -------------------------------------------------------------- VIOLATION: FBC PLUMBING CH. 1, 101 . 3 QUANTITY: 1 DESCRIPTION: FBC PLUMBING CH. 1, 101 . 3 DATE: 6/04/02 LOCATION: NARRATIVE Remedy: Replace wood cover with metal cover. ORDINANCE DESCRIPTION : Violation of FBC Plumbing, Chapter 1, 101 . 3 Code Remedial . Problem Description: All plumbing to be maintained as not to constitute a nuisance . Metal cover missing on lift station. -------------------------------------------------------------- VIOLATION: FBC PLUMB. CH. 1, 101 . 3 QUANTITY: 1 DESCRIPTION: FBC PLUMBING CH. 1, 101 . 3 DATE: 6/04/02 LOCATION: NARRATIVE Remedy: Replace all broken clean out covers . ORDINANCE DESCRIPTION : Violation of FBC Plumbing Chapter 1, 101 . 3 Code Remedial . Problem Description: Open clean out covers at empty trailer sites . -------------------------------------------------------------- VIOLATION: NEC AS LISTED QUANTITY: 1 DESCRIPTION: NEC AS LISTED DATE : 6/04/02 LOCATION: NARRATIVE Remedy: Hire electrical contractor, secure permit, and call for inspections . ORDINANCE DESCRIPTION Violation of NEC as listed. Problem Description: Entire electrical wiring system must be checked for safety to all persons . VIOLATION DETAIL PAGE 2 CIaSE NITMBER 02-00002634 PROPERTY ADDRESS 3901 GRIFFIN RD -------------------------------------------------------------- VIOLATION: NEC 551 . 74 OVERCURRENT PR QUANTITY: 1 DESCRIPTION: NEC 551 . 74 OVERCURRENT PROTEC DATE : 6/04/02 LOCATION: NARRATIVE : Remedy: Hire electrical contractor, secure permit , and call for inspections . ORDINANCE DESCRIPTION Violation of NEC 551 . 74 Overcurrent protection. Problem Description: Trailers not protected properly. Breakers bypassed. -------------------------------------------------------------- VIOLATION: NEC 551. 75 GROUNDING QUANTITY: 1 DESCRIPTION: NEC 551. 75 GROUNDING DATE : 6/04/02 LOCATION: NARRATIVE Remedy: Hire electrical contractor, secure permit, and call for inspections . ORDINANCE DESCRIPTION Violation of NEC 551 . 75 Grounding. Problem Description: Service locations not grounded properly. -------------------------------------------------------------- VIOLATION: NEC 551.77 (D) MOUNT HGHTS QUANTITY: 1 DESCRIPTION: NEC 551. 77 (D) MOUNTING HEIGHTS DATE : 6/04/02 +� LOCATION: NARRATIVE Remedy: Hire electrical contractor, secure permit, and call for inspections . ORDINANCE DESCRIPTION Violation of NEC 551 . 77 (d) Mounting heights of power outlets . Problem Description: Power outlets laying on ground, must be mounted above ground as per code article . -------------------------------------------------------------- VIOLATION: NEC 551. 2 DEADFRONTS QUANTITY: 1 DESCRIPTION: NEC 551 . 2 DEADFRONTS DATE: 6/04/02 LOCATION: V NARRATIVE Remedy: Hire electrical contractor, secure permit, and call for inspections . ORDINANCE DESCRIPTION Violation of NEC 551 . 2 Deadfronts in panels . Problem Description: Deadfronts missing from breakers feeding trailers and travel trailers . r , VIOLATION DETAIL PAGE 3 LASE IIUM13ER 02-00002634 PROPERTY ADDRESS 3901 GRIFFIN RD -------------------------------------------------------------- VIOLATION: NEC 680 QUANTITY: 1 DESCRIPTION: NEC 680 DATE: 6/04/02 LOCATION: NARRATIVE Remedy: Hire electrical contractors, secure permit, amd call for inspections . ORDINANCE DESCRIPTION Violation of NEC 680 . Problem Description: Pool area must comply with requirements of NEC 680 . 690 S r I I I. I e o • • o • ® Complete items 1 2 and S.Also complete; A S- item 4 if Restncted'Delivery` is desired: QA� ; ® Print your name and address'on the'reverse , F ❑Agent so that we can return the card to you:' ❑Addressee' ® Attach this card to the back'of the mailpiece, eceiy Name) Date of'Delivery or on the front if space,perinits. Q®Z 1. Article Addressed to k:>` D.,Is deli ry a d erent fro ite 1? ❑`Yes If YES, nt delivery addre 0� ❑ Nd >, Aqua Isles LLC �,: fiSPS -- P.O. Box 1883 Hallandale, FL 33008-1883 I13-°Service Type rtified Mail .❑Express Mail. ❑ Registered. ❑Return Receipt for Merchandise '❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7001 1940 0002: 6630 0368 P5 Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035l s 18. Motion to Confirm Fine #1615 — Charlotte & Jimmie Aiken — 715 SW 10 Street Code Inspector William Dubisky having been previously sworn in, came forward and said this is one of Building Official Ken Koch's cases and we are requesting a motion to confirm the fine in case #1615. Corrective action was to have been taken on or before on March 15, 2002. A reinspection of the property on10/07/02 revealed that the corrective action had not been taken; no permits or inspections have been pulled or work performed for the Chapter 8, windows and door replacement, termite infestation or electrical violations. It was on motion of Gary Luedtke, seconded by Beulah Lair, for a motion to confirm. The motion carried on the following roll call: David Nuby— yes Tim McLeod - yes Jimmy Peterman - yes Judy Jensen —yes Gary Luedtke — yes Beulah Lair— yes Richard Bettor—yes 19. Motion to Confirm Fine - #1829 — Richard D and Arlene Redmond — 5079 SW 28 Terrace Building Official Ken Koch having been previously sworn in, came forward and said this case was first heard by the board on April 1, 2002 for three violations. Ken Koch said his particular violation was a carport canopy installed without a permit and the permit was not obtained. The board issued an order giving the defendant 30 days or a fine of $50.00 per day would be levied if they did not comply and the compliance date was 5/26/02, they have not complied. It was on motion of Beulah Lair, seconded by Jimmy Peterson, for a motion to confirm. The motion carried on the following roll call: David Nuby—yes Tim McLeod - yes Jimmy Peterman - yes Judy Jensen — yes Gary Luedtke —yes Beulah Lair— yes Richard Bettor—yes 20. #02-2634 Aqua Isles LLC 3901 Griffin Rd Dania Beach, FL Chief Code Inspector William S. Johnson having been previously sworn in, came forward and stated service was obtained by posting the property; the affidavit is on file. Notice was sent Certified Mail and service was obtained; and also sent via first class mail. Building Official Ken Koch came forward having been previously sworn in, and said this case is a mobile home park in an area that we recently annexed in to the city and we did a code team inspection on it sometime back and we found numerous fire, electrical and plumbing violations. Mr. Koch said the Fire Marshall, Ed Tarmey tells him that all the fire code issues have been addressed and Mr. Koch said he knows that the plumbing issues have Dania Beach Code Board Minutes 22 October 7,2002 been addressed and we still have outstanding electrical issues. Mr. Koch said we have a permit application that has been received from an electrical contractor that has not yet been issued, there are some issues that need to be resolved between his inspector and the contractor, therefore, they are not in compliance. The fire code issues or the violation of NFPA 501.A Chapter 4, Section 4.2.1.1.has been complied, the plumbing code violations FBC Plumbing Chapter 1, Section 101.3 which was cited twice for two separate issues, that had to do with plumbing not being maintained and lift station cover missing and clean out covers missing, stating those have been complied. Mr. Koch said what is outstanding is NEC issues which are 6 separate issues and those will be addressed via an electrical permit once it is issued. Mr. Koch said they have been in contact with us and had the contractor working with us, but is not complied as of this date. Jo Ellen Carr, 3901 Griffin Rd., came forward and was sworn in. Miss Carr said her electrical contractor had come in and spoke to the electrical inspector and she was given this paper, not knowing what happens next, showing the paper. Mr. Koch said it is a new application. Miss Carr said her contractor can start as soon as the permit comes through. Mr. Koch said that the time to obtain the permit and get the inspections performed and approved, suggesting 45 days. It was on motion of Judy Jensen, seconded by David Nuby, to adopt a finding of facts by Building Official Ken Koch that the violations exist as charged and the property was properly served, move that the violator be given 60 days to comply or thereafter a fine of $75.00 a day will be levied. The motion carried on the following roll call: David Nuby — yes Tim McLeod - yes Jimmy Peterman - yes Judy Jensen —yes Gary Luedtke —yes Beulah Lair— yes Richard Bettor— yes 21. Request for Abatement#1230 — Leo Motel Inc. — 333 S Federal Highway Code Inspector William Dubisky having been previously sworn in, came forward and said this was originally heard by the board on November 5, 2001 for two violations, and the board gave the defendant 60 days to bring the property into compliance or a fine of $100.00 per day would be levied. The compliance date was 1/26/02 and they did not comply until 9/3/02. The fine ran from 1/26/02 though 9/3102 totaling 220 days @ $100.00/day for a total of $22,000.00 plus $100.00 recording fee. The fine was confirmed on 5/6/02. Mr. Dubisky said this was a sidewalk violation he brought before the board because the sidewalks were in a deteriorating state. The sidewalks have not been repaired but Building Official Ken Koch agreed to comply this once they had all their plans and a contractor submitted for the permit application to remodel the property, reiterating the sidewalks were still in a deteriorating state during this length of time. Tim McLeod asked if this property is on the corner and scheduled for demolition. Mr. Dubisky said that is correct. Marvin Patel, 310 Third Way, West Palm Beach, was sworn in. Mr. Patel said when the fines were originally issued for the sidewalks they were to and from the city applying for building permits to demolish Dania Beach Code Board Minutes 23 October 7,2002 the property, the lawnmower is broken but he will take care of that in two days. Mr. Koch came forward and stated that since the structure has already been built, an architect cannot draw the plan to what has already been built. The architect has to draw the plan according to what the codes require. The code says that anything that is being built has to be drawn, designed certified to meet the code standards. Mr. Lathrop could research thru the library the required structure that he needs to build, and Mr. Koch is willing to refer several designers to Mr. Lathrop. Mr. Lathrop said he is willing to comply by taking down the partial structure, and then get an architect to draw the plans. Mr. Koch said Mr. Lathrop will need 90 days in order to get the plans and permit. Judy Jensen made a motion, to adopt the findings of fact by Building Official Ken Koch, to make an extension of 90 days for the FBC 104.1, and 30 days for the Chapter 13, Section 13-23 or a fine of $50.00 per day on both violations. The motion was seconded by Gary Luedtke 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 18) Hearing to Confirm -#02-3397—Michael Abbott—4597 SW 29 Terrace Code Inspector Gary Phaneuf, 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 4/26/03. The reinspection of the property on 11/03/03 revealed that the corrective action had not been taken. The trash, junk and debris still exists on the property. The Affidavit of Non-compliance is on file, and Mr. Phaneuf submitted one photo. Chairman Bettor asked if there was anyone representing Michael Abbott; no one came forward. Jimmy Peterman made a motion to confirm the fine. The motion was seconded by Gary Luedtke 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 19) Hearing to Confirm - #02-2634—Aqua Isles LLC—3901 Griffin Road Building Official Ken Koch, having been previously sworn in, came forward and had the following testimony. On 10/07/02, the code board heard and issued an order on the violations. Pursuant to the board's order, the defendant was to have taken corrective action on or before 12/23/02. The reinspection of the property on 4/28/03 revealed that the corrective action had been taken, and the property is in compliance with the above stated order. A fine of$75.00 per day was levied from 12/23/02 to 4/28/03 for 126 days which totaled $9,450.00. Tim McLeod made a motion to confirm the fine. The motion was seconded by Jimmy Peterman and carried on the following roll call: Dania Beach Code Board Summary Minutes 13 November 3,2003 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 20) Hearing to Confirm -#03-3886—Aqua Isles LLC—3901 Griffin Road Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. This was originally heard by the board on 2/03/03 for two violations. The compliance date was 3/21/03, and the defendant did not comply until 4/22/03. The fine ran from 3/21/03 thru 4/22/03 for 32 days at $200.00 per day which equals to $6,400.00 plus $100.00 recording fee totals $6,500.00 owed. Gary Luedtke made a motion to confirm the fine. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 21) #02-3217 Maria T Ellis 305 Phippen Road Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony.Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance,trash and junk on the property, overgrown grass,weeds, and vegetation. As of today, the property is still in violation of Chapter 13, the property has not been cut, and the trash is not being maintained. Mr. Dubisky submitted three photos into evidence. The first contact with the violator was 8/20/02. Chairman Bettor asked if there was anyone representing Maria T Ellis; no one came forward. It was on the motion of Jimmy Peterman, to adopt the finding of fact by Wil Dubisky, move that 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-yes Judith Tulacro-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 14 November 3,2003 Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 3) Authorization to Foreclose -#03-3886 & #02-2634—Aqua Isles LLC—3901 Griffin Road Code Inspector Eric Baker came forward, and was sworn in and stated this is an authorization to foreclose. Chairman Bettor asked if there was anyone representing Aqua Isles. Lloyd Falk, attorney representing Aqua Isles, came forward and requested a 30 day continuance. Mr. Falk stated that when the property was refinanced the funds for the fines were placed in escrow. He said he needs to track down the funds with the title company. After further discussion regarding case #03-3886 Chairman Bettor asked Attorney Ryan if case #02-2634 which is also on tonight's agenda should be combined with this case. Attorney Ryan asked Mr. Falk if he wanted both cases combined and Mr. Falk stated that he did want them combined. Building Official Kenneth Koch came forward, was sworn in and gave testimony regarding case #02-2634. Mr. Koch stated this is also a request for authorization to foreclose. After further discussion of these two cases, a motion was made by Tim McLeod seconded by Judy Jensen to authorize foreclosure of both cases. The motion passed on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 4) Request for Abatement-Herndon Chairman Bettor asked Attorney Ryan to speak on the four cases for Herndon. Attorney Ryan stated members what we have is this is a property located on the 3700 block of Griffin Road it's a nursery and what you see on your request for abatement on cases, on your agenda 3, 4, 5 & 6. This deals with four properties with different folio numbers but they comprise a single site and after review of these files along with a review of the site it was determined by staff and myself in contact with our chief code officer that it would be appropriate that we only have the fines and liens on this property addressed to a single parcel rather than all four. Attorney Ryan stated that because it becomes duplicative it will be his recommendation that we dismiss the orders and supplemental orders on cases number 3, 4, and 5. So that will be case numbers 02-3793, 02-3794 & 02-3795, it's a staff recommendation that those cases be dismissed. Gary Luedtke made a motion to dismiss cases 02-3793, 02-3794 & 02-3795, based on our attorney's recommendation. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 5) Request for Abatement- #02-3797- Billy Nichols -3691 Griffin Road Dania Beach Code Board Summary Minutes 2 June 7,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 9/08/04 Agenda Item#: • Title: Request for Abatement Requested Action: Consideration of the Abatement Request for 03-3886—Aqua Isles LLC—3901 Griffin Road Summary Explanation & Background: Aqua Isles LLC was originally cited on 1/06/02 for 2 repeat violations. They were brought before the code board on 2/03/03 and the board issued a final order giving the defendant 30 days or a fine of$200.00 per day would be levied. The compliance date was 3/21/03 and they did not comply until 4/22/03. The fine ran from 3/21/03 through 4/22/03, 32 days @$200.00/day = $6,400.00 plus$100.00 recording fee = $6,500.00 owed. The fine was confirmed on 11/03/03 and the board authorized foreclosure on 6/07/04. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denial of the abatement. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 2/03/03, 11/03/03 and 6/07/04 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 denial of the abatement. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 03-3886 Aqua Isles LLC 3901 Griffin Road DATE: September 8, 2004 This was originally heard by the code board on 2/03/03 for 2 repeat violations. A final order was issued giving the defendants 30 days to comply or a fine of $200.00 per day would be levied. The compliance date was 3/21/03 and they did not comply until 4/22/03. The ' code enforcement board, after hearing testimony on 9/07/04, decided by unanimous vote to recommend denying the abatement. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD is and eft-or-,Chairman RB/g b CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 3886 municipal corporation PLAINTIFF, FINAL ORDER vs. AQUA ISLES LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 3, 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, Aqua Isles LLC, did allow the following code violations to exist at property defendant owns located at 3901 Griffin Road, Dania Beach, Florida, which property is legally described as:30-50-42 BEG AT SW COR OF SEC 30, THENCE E ALG SIB 530.14, N 925.96, W 528.68 M/L TO A PT ON W/B OF SEC 30, 886.69 N OF SW COR, THENCE S ALG SAID W/B 886.69 TO POB LESS S 53 FOR CO RD (# 02 30 00 0280): FINAL ORDER #3886 PAGE 2 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove all trash, junk and miscellaneous debris from the property. 2. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove all inoperative and unlicensed vehicles, trailers and boats from the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Aqua Isles LLC: (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 $200.00 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, Aqua Isles LLC, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $200.00 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. ORDERED at Dania Beach, Broward County, Florida, this day of J,G,�. , 2003. Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #3886 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Aqua Isles LLC, this 1 q day of ,�,��J , 2003. CERTIFIED MAIL 7002 0860 0000 5818 4579 -S,:), CODE ENFORC ENT BOARD CLERK APPROVE A TO FOR AN CORRECTNESS TIM RYAN, ECIAL CITY ATTO NEY Also sent first class mail Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #3886 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: I r ' _ Richard Be o irperson Notary Seal: Sworn and subscribed before me this /9 day of .44b• 2003. NCNARY PU LIC STATE OF FLORIDA Richard Bettor is personally known to me. (2Y F0 O RCIAL NOTARY SEAL C l" GLORIA�BRANDES COMMISSION NUMBER CC8284go MY COMMISSION EXPIRES OrF'C MAY10,2003 Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 s u7 CM 00 ® 00 CO co 06 ® u7 O ® O ® p o U ® O J O J N X o �. ® o cu m .� ru O ® C3 Q o � 4^ j O ?jed � � O o m m w m w � 0 v o o o �,C, CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 03-3886 Florida municipal corporation, Plaintiff, -vs- AQUA ISLES LLC 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 Inspector, William Dubisky, on the 3rd day of November, 2003, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 19th day of February, 2003, a Final Order in the above-captioned case was entered by the Board commanding the Defendant, Aqua Isles LLC, to bring the violations specified in said Final Order into compliance on or before the 21 st day of March, 2003, or pay a fine in the amount of$200.00 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: 30-50-42 BEG AT SW COR OF SEC 30, THENCE E ALG S/B 530.14, N 925.96, W 528.68 M/L TO A PT ON W/B OF SEC 30, 886.69 N OF SW COR, THENCE S ALG SAID W/B 886.69 TO POB LESS S 53 FOR CO RD (# 0230 00 0280) Order Imposing Fine Case 403-3886 3. Defendant, Aqua Isles LLC, did not comply with the Final Order on 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 April 22, 2003 when the Defendant complied with said final order. 5. The fine accrued for a period of 32 days at $200.00 per day for a total fine of$6,400.00. 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 el? day of , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: A/1 Richard Bettor, Chairperson SWORN TO and SUBSCRIBED/BEFORE me this W_day of , 2003 by who is personally known to me. Notary Public, State of Florida Glor18 J 1"ndes F emission DD187280 my '�� Expires May 10'2007 Retum to: Patricia Varney,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,Fl 33004 Order Imposing Fine Case#03-3886 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Defendant, Aqua Isles LLC, this day of -21�0124,r_ , 2003, via U. S. First Class mail and U. S. Certified Mail No. 7002 2030 0003 2168 6848. CODE NFORCEFVENT BOARD CLERK APPROVED T FORM D CORRECTNESS f TIMOTHY M. YAN, SPECIAL TY ATTORNEY Retum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 0 0 0 ® Complete items 1,'2,and 3 Also complete'• item 4 if Restricted Delivery is desired: Agerrt ( al Print Our name and address onthe reverse ,, O.Addressee so that we canreturn the car'dto you =`fie nn a C. Date of Delive®,Attach this card'to the back of the mailpiece,• !Y,�) or on the front if space,permits:. .„ 1 Article Addressed to ls, elroery a yr re, fro, .. es" ��I Ls if YES enter delivery address below 0 No. N�XJCJ AM3 3. Sere Ype. i, ertified all ❑Ex ress Mail . a� a ❑`'Reg istered ❑ Retum Receipt for Merchandise �F} �✓00e Q Insured Mai, ❑.C.O.D. 4. Restricted Deliveo(Extra Fee):' ❑ Yes 7002 2030 0003 2168 6848 PS Form:3811,.August 2001 Domestic'Retum Receipt fJ zncPel-os-P cost _ CJ FLORIDA Aqua Isles LLC case #03-3886 P.O. Box 1883 Hallandale, FL 33008-1883 DATE: ( (D 02 PROPERTY ADDRESS:O 1 67 rNJ I�La,�. - You are notified that you are presently in violation of the following Code of Ordinances, City of Dania Beach, Florida: Sax- 13- 3 p 1 i Al && o , AIL Ca a✓i-� Otin i SC. (�elxi S M t<n� b� c w. ,Q� 2 � o�JiO� Sir . IU'2, ,I.11n r' ��;►� n„�,.►�Q•d_ee0 y .�D,b. Ll. 4.,v. '0 C) t.Lw a * CroV14, The above listed violation(s) is a repeat violation, as defined in Florida Statute 162.04(5). You must bring the violation(s) into compliance immediately and call for a reinspection. Pursuant to Florida Statute 162.06(3), your case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the Board hearing the case. You will receive notice of the date and time for your hearing before the Code Enforcement Board on the above-listed repeat violation(s). If you require further information or have any questions about the above violation, please do not hesitate to contact me. Code Inspector 924- ;1A— I certify that an original hereof was furnished to the above named addressee by Certified mail # 1700 a 0 SILO M 'SS19 6 N.17 ** You may be fined up to $500. 00 per day for each day the violation continues, beginning today. As soon as you correct the violation, you must call the code inspector for a reinspection. "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.R.us with the exception of the paint, and the respondent be given 30 days to bring all the violations into compliance or a fine of $100.00 per day. Gloria Brandes asked if the exception was the paint and the fence violations and Tim McLeod said that was correct. Chairman Bettor entered five photos into evidence on this case. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor - yes 28. #02-3797 Billy Nichols 3691 Griffin Rd. Dania Beach, FL William Dubisky having been previously sworn in, came forward and said that notice was sent Certified Mail and service was obtained; notice was also sent via first class mail and the property was posted; the affidavit is'on file. This is a violation of Chapter 15, Section 15-1, occupational license required. As of today, the property is still in violation of Chapter 15; no occupational license has been applied for or obtained. Chairman Bettor asked Mr. Dubisky if there is any reason why Mr. Nichols cannot get an occupational license. Mr. Dubisky said there is no reason. Mr. Dubisky said this is the main co-owner of the nursery. Chairman Bettor asked if anyone was present representing Billy Nichols, no response was given. It was on motion of Judy Jensen, seconded by David Nuby give the defendant 30 days to start the procedure of an occupational license or a fine of $150.00 per day. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor- yes 29. #02-3886 Aqua Isles LLC 3901 Griffin Rd. Dania Beach, FL William Dubisky having been previously sworn in, came forward and said that this case is a repeat order, and is submitting 68 photographs to the board, but the first 12 photos are of the first visit, the 18 photos are of today, and the Dania Beach Code Board Minutes 22 February 3,2003 supporting 38 photos are repeated pictures confirming that the violation still exits. Mr. Dubisky said the first photos and today's photos are the important photos. Mr. Pinsky asked Mr. Dubisky if the other photos are from in between the two periods stops. Mr. Dubisky said that was correct, stating they are from the first date that the property was cited for the repeat, January 6th was through today and the photos in between represent that time span. Mr. Dubisky said that notice was sent Certified Mail and service was not obtained; notice was also sent via first class mail and the property was posted; the affidavit is on file. This is a repeat violation of Chapter 13, Section 13-23, public nuisance, trash and miscellaneous debris on the property, and Chapter 14, Section 14-2, inoperative and unlicensed vehicles on the property. As of today, the property is still in violation of Chapter 13, trash and miscellaneous debris still remains on the property, and Chapter 14, Section 14-2, there still remains abandoned vehicles on the property. This property was initially cited January 6, and remains in violation through and including today. Chairman Bettor asked if anyone was present representing Aqua Isles, no response was given. Chairman Bettor entered 68 photos into evidence in case#02-3886 stating that the code inspector had taken the photos at various times to prove the on-going violations. Gary Luedtke asked William Dubisky if we had cited the property once before on electrical. Mr. Dubisky said they had been cited before and had made an effort to clean the park and worked diligently with them and kept them informed with courtesy notices. Mr. Dubisky said when the park started getting in worse condition again he spoke to the owner, and stated that he was going to issue a repeat order, also informing the owner that this violation was serious. Mr. Dubisky answered the question by Mr. Luedtke, stating yes, the park was cited a couple of months ago for electrical and plumbing violations. Mr. Luedtke said this was serious. Mr. Dubisky answered a question by Judy Jensen with reference to ownership of the park, stating that the park is owned by a corporation and the tenants bring their trailers in and rent the park space. It was on motion of Tim McLeod, seconded by Jimmy Peterman to adopt the findings of fact by Code Inspector William Dubisky that the violations exist as charged on case #3886, and the respondent be given 30 days to bring into compliance or a fine of$200.00 per day. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor- yes Dania Beach Code Board Minutes 23 February 3,2003 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 20) Dearing to Confirm -#03-3886—Aqua Isles LLC—3901 Griffin Road Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. This was originally heard by the board on 2/03/03 for two violations. The compliance date was 3/21/03, and the defendant did not comply until 4/22/03. The fine ran from 3/21/03 thru 4/22/03 for 32 days at $200.00 per day which equals to $6,400.00 plus $100.00 recording fee totals $6,500.00 owed. Gary Luedtke made a motion to confirm the fine. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 21) #02-3217 Maria T Ellis 305 Phippen Road Dania Beach,FL Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance, trash and junk on the property, overgrown grass, weeds, and vegetation. As of today, the property is still in violation of Chapter 13, the property has not been cut, and the trash is not being maintained. Mr. Dubisky submitted three photos into evidence. The first contact with the violator was 8/20/02. Chairman Bettor asked if there was anyone representing Maria T Ellis; no one came forward. It was on the motion of Jimmy Peterman, to adopt the finding of fact by Wil Dubisky, move that 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-yes Judith Tulacro-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 14 November 3,2003 Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 3) Authorization to Foreclose - #03-3886 & #02-2634—Aqua Isles LLC—3901 Griffin Road Code Inspector Eric Baker came forward, and was sworn in and stated this is an authorization to foreclose. Chairman Bettor asked if there was anyone representing Aqua Isles. Lloyd Falk, attorney representing Aqua Isles, came forward and requested a 30 day continuance. Mr. Falk stated that when the property was refinanced the funds for the fines were placed in escrow. He said he needs to track down the funds with the title company. After further discussion regarding case #03-3886 Chairman Bettor asked Attorney Ryan if case #02-2634 which is also on tonight's agenda should be combined with this case. Attorney Ryan asked Mr. Falk if he wanted both cases combined and Mr. Falk stated that he did want them combined. Building Official Kenneth Koch came forward, was sworn in and gave testimony regarding case 402-2634. Mr. Koch stated this is also a request for authorization to foreclose. After further discussion of these two cases, a motion was made by Tim McLeod seconded by Judy Jensen to authorize foreclosure of both cases. The motion passed on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 4) Request for Abatement-Herndon Chairman Bettor asked Attorney Ryan to speak on the four cases for Herndon. Attorney Ryan stated members what we have is this is a property located on the 3700 block of Griffin Road it's a nursery and what you see on your request for abatement on cases, on your agenda 3, 4, 5 & 6. This deals with four properties with different folio numbers but they comprise a single site and after review of these files along with a review of the site it was determined by staff and myself in contact with our chief code officer that it would be appropriate that we only have the fines and liens on this property addressed to a single parcel rather than all four. Attorney Ryan stated that because it becomes duplicative it will be his recommendation that we dismiss the orders and supplemental orders on cases number 3, 4, and 5. So that will be case numbers 02-3793, 02-3794 & 02-3795, it's a staff recommendation that those cases be dismissed. Gary Luedtke made a motion to dismiss cases 02-3793, 02-3794 & 02-3795, based on our attorney's recommendation. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 5) Request for Abatement- #02-3797- Billy Nichols -3691 Griffin Road Dania Beach Code Board Summary Minutes 2 June 7,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 9/08/04 Agenda Item #: o 600 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 INTEROFFICE MEMORANDUM fit 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 Richard Bettor, Chairman RB/gb 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 �,�C�� K1L/ f__ , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: AA*4�5� Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Y FINAL ORDER #03-5438 PAGE 3 Notary Seal: Sworn and subscribed before me this �3 day of 2003. NOTA Y PUBL STATE OF FLORIDA Richard Bettor is personally known to me. �,0Y Gloria J Brandes My Commission DD187260 a Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #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 /zP WO(kLc 12003. CERTIFIED MAIL 7002 2030 0003 2168 7319 - a lls� CODEJENFORCEPENf BOARD CLERK APPROVED S TO F RM AND CORRECTNESS 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 If';Complete items 1;2,and 3.Also complete', -' A Sig" to item 4 if Restricted Delivery is desired. ❑Agent I ® Print your name and address on the reverse .` X ❑Addressee so that we can return the card to you:- 4 e: Re y(Printed Name) f® Attach'this card to the back of the mailpiece, ; or on the,front if space permits, . ry 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes if YES,enter delivery address below: ❑No Se a Type IfT Certified Mail ❑ Express Mail_ 33D0 ❑ Registered ❑ Retum Receipt for Merchandise ❑Insured Mail' O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2 _ 7002 2030� 0003 2168�4319 `# PS.Form 3811,,August 2001{ Domestic Retum Receipt 2ACPRI.03-P-4081 y O 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 on 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 $12,450.00. 6. The fine shall constitute a lien against the above-described real property and it shall be a lien against any other real or personal property owned by Defendant. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this 67 day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: VY Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this 17 day of , 2004 by , who is personally known to me. Q_ Notary Public, ktate of Florida ,,r N Gloria J Branaes g My commission DD187260 '�i�adP Expires May 10,2007 Return to: Patricia Varney,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#03-5438 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Defendant, ELISABETA PATRICHE, this day of 2004, via U. S. First Class mail and U. S. Certified Mail No. 7002 2030 0003 2169 6274 CO E ENFOR EMENT BOARD CLERK APPROV TO F RM AND CORRECTNESS TIMOTHY RYAN, SPEC I L CITY ATTORNEY Also sent regular first class mail Return to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 ME „��i��fl=F'��� ��s- "�r�� MIMI B ® • • • • Complete items 2 and3 Also complete ASgnaturef P� ` � � , �tem4 if Restricted Delivery is desired� � � � � s� Agent �.x1A ® Print your�name and�address on=the reverse��� �r����� ��� .��' '��_ .`�,�❑�gddressee D a� x,SO thatWe@ do retUfthe Card t0 y0U"° " i �} �s s� ��� B�Received Print Name)���� ate of,De rve ®fAttach this card to the back of the mailpiece � � 'ki E R4 1 Article Addressed to �'5 ' ls deg address dHferent from item 1? f s s r Y ��� : s If ASAenter delivery address below ❑No WPM .kEEC, AN f ,sly;,F' ,�c,k sg �$' in f�t�*.� r ,parr � � It' rt�#�`r' '!'e .,�." era '"t Y" ` Jirs, ' r rk EYP 4 �` =ems Certified Mailx❑Express Mail t g nw�.. �r�� r � � ' ❑Registered {❑Return Receipt for Merchandise m'r� ��n �0 71 �"Y r'�" � � � S �xi �����'�"'� - ❑Insured Mail ,m:Fw❑COD u'�'�`,a. § ��3} ycr ,'"'x�,` Deli 100`�z�ll,•,' j� . 7002 ' 22317, 0003;, 2169 62.74 �� � 3 r , PS Form 3811 tAugust 2001¢�f� � �� �Domestic Return�Receipt:-�� ��+� ����;" �`��''�.���102595 02iM 1540 ?x€ tr.' de!N;,.�'a 't l`� n �, % s�a � 't4 x`f,"�?�M. £ [ ,d, ,�x r,,r � �i ➢ €' /�}�' C,�,.?r.•+�x ,� � i.�t"'.s�:�.= �'�..k��.M�...�!:ur,a�.wu,?,s,� �L,u:-��,ss`F �a.1.���,.�...::.:.�-"•�#=�,A�^3.,�...��'s,�.,�'r �^��,. t"ram.�.Fi.. r�.��'}u t��.aw�.5 z 3 fie'I�, y s FLORIDA 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. 4S;ieely, ULLOS 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 VIOLATION DETAIL PAGE 1 9CASE 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) #02-3002 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) 903-5438 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 Peterman 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 1 1 December 1,2003 3) Chief Code Inspector William S. Johnson asked for the following cases to be dismissed: Request for an Extension, case #03-5821 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; #03-4929, 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; #04- 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 4rh 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 representing Elisabeta Patriche. Elisabeta Patriche, 200 SE 4`h Terrace was sworn in. Dana Ionescu daughter of Patriche, 200 SE 41h 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- 403-4286- 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 #03-5118. 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 4ch 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 22°d 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 101h, 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: 9/08/04 Agenda Item#: Title: Request for Abatement Requested Action: Request for Abatement of Code Enforcement lien—#03-4944 -Chris Murray—4287 SW 49 Court, Dania Beach Consideration of the Abatement Request for Chris Murray Summary Explanation & Background: This property was cited on July 1, 2003 for 3 violations and given 14 days to comply. The owner, Chris Murray, did not comply and was brought before the Code Board on February 2, 2004. The board issued a final order giving Mr. Murray 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was March 24, 2004 and he did not comply until 4/07/04. The fine ran from 3/24/04 to 4/07/04, 14 days @ $100.00/day = $1,400.00 plus $100.00 recording fee = $1,500.00 owed. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $750.00 (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter. (4) Copy of minutes from the 2/02/04, and 7/06/04 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 fine to$750.00 because the defendant maintains other properties in the city and this one just slipped through the crack. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 4� 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 #03-4944 Chris Murray 4287 SW 49 Court DATE: September 8, 2004 This was originally heard by the code board on 2/02/04 for 3 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 3/24/04 and he did not comply until 4/07/04. The code enforcement board, after hearing testimony on 9/07/04, decided by majority vote to recommend abating the lien to $750.00 because defendant maintains other properties in the city and this one slipped through the cracks. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Bettor, Chairman RB/gb CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-4944 municipal corporation PLAINTIFF, FINAL ORDER vs. CHRIS MURRAY DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 2, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Chris Murray, did allow the following code violations to exist at property Defendant owns located at 4287 S. W. 49 Court, Dania Beach, Florida, which property is legally described as: PLAYLAND ISLES 37-14 B LOT 35 BLK 10 (# 0136 06 2270): 1. Chapter 39, Broward County Zoning Code; Article XVI Residential Zoning Districts, Section 39-275 (7) (a) Commercial Vehicles. Defendant did park/store or allowed to be parked/stored, commercial equipment on the subject property. Failure to remove commercial equipment from the property. This is not a permitted use in a residential zoned district. #03-4944 PAGE 2 2. Chapter 13, Section 13-23; Public Nuisance. Failure to remove trash, junk, garbage and all other materials stored on the property. 3. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Defendant did park or store inoperative and unlicensed vehicles on the subject property. Failure to remove all inoperative and unlicensed vehicles, trailers and vessels from the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Chris Murray: (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, Chris Murray, 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 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 6?Z day of 12004. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 #03-4944 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD BARichar%NeK-tfttor, Chairper Notary Seal: Sworn and subscribed before me this day of QM, 2004. NO-VARY PUBLk STATE OF FLORIDA Richard Bettor is personally known to me. �µr v GO(lb J Brand" my commission pp187� �orw Expires May 101 2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 #03-4944 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Chris Murray, this day of , 2004. CERTIFIED MAIL 7002 2030 0003 2168 8392 CODA ENFORC ENT BOARD CLERK APPROVED TO FORM AND CORRECTNESS TIM RYAN, PECI L CITY t TTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 03-4944 Florida municipal corporation, Plaintiff, -vs- CHRIS MURRAY 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, Eric Baker, 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 February, 2004, a Final Order in the above-captioned case was entered by the Board commanding the Defendant, Chris Murray, to bring the violations specified in said Final Order into compliance on or before the 24th day of March, 2004, or pay a fine in the amount of $100.00 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: PLAYLAND ISLES 37-14 B LOT 35 BLK 10 (#0136 06 2270) Order Imposing Fine Case#03-4444 3. Defendant, Chris Murray, did not comply with the Final Order on 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 April 7, 2004, when the Defendant complied with said final order. 5. The fine accrued for a period of 14 days at $100.00 per day for a total fine of $1,400.00. 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 ,:;27 day of , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this _,27 day of , 2004 by t�,! , who is personally known to me. Not ry Public, S ate of Florida Z0 Gloria J Brander My Commission D0187260 a �w 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#03-4944 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Defendant, Chris Murray, this --�27 day of J,& , 2004, via U. S. First Class mail and U. S. Certified Mail No. 7002 2030 0003 2169 6175 CO ENFORC MENT BOARD CLERK APPRO S TO F AND CORRECTNESS TIMOTHY . RYAN, SPECI L CITY ATTORNEY xc: Chris Murray, 19090 W. Dixie Hwy., Miami, FI 33180 Certified Mail 7002 2030 0003 2169 6182 Also sent regular first class mail Retum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 ® 0 G e e e • -r r e - <�, q ® Com late items 2�and 3 Also com late A Slllm ture� � �� � A item 4 rf Restr�ctedYDefivery is'des�red Agdn t ar r y�cee :, � '3r-.2' ,s-arE+-e so that we can return the card to�you,��� �� g ,Received b Printed Name ���� C Date alive y( 1 ryz ® Attach this card to the back of the mail iece, � f "y for on the frontif space permits 4 ,= r- t ❑Yes+ vop D pis delivery address drfferent from dam '� 0NZ+` t1�Article Addressed to � � �� �' ? � � � , ,� � ..'�, �� � .T �'� � � ��IfYES.enter delivery address below � ❑No z�� OX 7 N r toa3� a '�+� { Yf�s.c ,A MI `� F u. „,nc,.ran '§tee ,3 .S ICe�sTyp. .,t�`� '���r "�s- a , �� � �x r � � Ld Certified Mail ❑Express Maims a Ti. r P�' �s x� x a ❑Registered ❑Return Receipt for Merchandise: t r i Td ax,€„�•p �' y ��r'�a�'�a r r��t -t� 3�� ��!€£� �iY r�7�s' '�� '� �* ��ax.� � ��+� ,.� u`4 $f "� �`��� ¢��,[,r� �t❑�InsU_red MBII ❑C 0 D��7��,`^,�s�'�t'` t"''�' s: .Y�= �K 4 y�a=.�,�`s�i �� rz<�� r 4 Restncted Delivery?(Extra Fee) _ ❑Yes rF�f P 7DD2.,'2D3,D'.,DDD3`. 27,69 6182 itOiN � � ;; t tI a w s £ t ty x a xis a x e x: -n a c tax^+v I c r a Via•163 rat t o L t ,✓ ..+. PS Form 381 Au st 2001 Domes4c Return Receipt Fftozsse .2�,.xu oz M isaot 9 ja f h✓fin ��- x O�y .. ,yeR�, .. W §-rah Y^k r�J'7n ��- �a#4 .1 Sri ✓ ? r 5 '�"q "'- +Z ,' q Yli.. l _ y a x 75 vJ = - FLORIDA. July 1, 2003 CHRIS MURRAY Case Number: 03-00004944 11111 BISCAYNE BLVD #900 NORTH MIAMI, FL 33181 Location: 4287 SW 49 CT Folio: 504136062270 Legal Description: PLAYLAND ISLES 37-14 B LOT 35 BLK 10 Dear CHRIS MURRAY: 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 July 15, 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. Sin erely, ERIC BAKER CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2167 1356 by SHARIANN PEARSON. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.A.us VIOLATION DETAIL PAGE 1 CASE NUMBER 03-00004944 PROPERTY ADDRESS 4287 SW 49 CT -------------------------------------------------------------- VIOLATION: CH.39,AR.XVI , SC.39-275 7A QUANTITY: 1 DESCRIPTION: CH. 39, ART.XVI, SEC. 39-275 (7)A DATE: 7/01/03 LOCATION: NARRATIVE Commercial equipment being parked/stored on property must be removed. ORDINANCE DESCRIPTION Violation of Chapter 39, Broward County Zoning Code; Article XVI Residential Zoning Districts, Section 39-275 (7) (a) Commercial Vehicles . It shall be unlawful to park or store any commercial vehicle or equipment in all residential zoning districts . -------------------------------------------------------------- VIOLATION: PUBLIC NUISANCE QUANTITY: 1 DESCRIPTION: CH 13, SEC 13-23 DATE: 7/01/03 LOCATION: NARRATIVE Trash, junk, garbage and all other materials stored on property must be removed. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Section 13-23 ;Public Nuisance Violation.Property declared a Public Nuisance and must be placed into good condition. -------------------------------------------------------------- VIOLATION: CH. 14 , SECTION 14-2 QUANTITY: 1 DESCRIPTION: CH. 14, SECTION 14-2 DATE: 7/01/03 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 . $50.00 per day. The motion was seconded by Gary Luedtke and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 29) #03-4711 Lori N. Williams 5169 SW 28 Terrace Ft. Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This was a violation of Chapter 8, Article II, Property Standards, Section 8-21A5A 1&2, house is in need of paint and repair; Chapter 22, 22-1, address must be displayed on house. As of today, the property is still in violation of Chapter 8, Article 11, Property Standards, Section 8-21 A5A 1& 2, house is in need of repair; Chapter 22, Section 22-1, no address number has been affixed to the house. Mr. Phaneuf submitted four photos. The first contact with the violator was 5/19/03. Mr. Phaneuf said that he had spoken to Ms. Williams and she was unable to attend due to school, but she is getting a contractor for the roof. Chairman Bettor asked if there was anyone representing Lori N. Williams; no one came forward. Gary Luedtke moved that notice was properly served, to adopt the findings of fact of Officer Gary Phaneuf, that the violations exist, and the violator be given 45 days or a fine of$70.00 per day thereafter. The motion was seconded by Judy Jensen and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 30) #03-4944 Chris Murray 4287 SW 49 Court Ft. Lauderdale,FL Code Inspector Eric Baker, having been previously sworn in, came forward and submitted three photos. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 39, Broward County Zoning, Article XVI, commercial vehicles and equipment; Chapter 13, Section 13-23, Public Nuisance, trash and junk; Chapter 14, Section 14-2, junk and abandoned vehicles. As of today, the property is still in violation Chapter 39, commercial equipment; Chapter 13, trash and junk; and Chapter 14, abandoned vehicles. The first contact with the violator was 07/01/03. Chairman Bettor asked if there was anyone representing Chris Murray; no one came forward. Gary Luedtke moved that notice was properly served, to adopt the finding of fact of Officer Eric Baker, that Dania Beach Code Board Summary Minutes 17 February 2,2004 offender be given 30 days 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 Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 18 February 2,2004 33312, came forward and was sworn in. Mr. Lathrop stated he added a room and he didn't know that he had to obtain permits to enclose his screen porch. He stated that he got in touch with an architect that told him that it was going to be a matter of anchoring and the plans would be written up. Mr. Lathrop said that the architect stated that he spoke to Mr. Koch and because the concrete was pre- existing for 20 years and the roof as well, the permits would not be able to be obtained because they don't meet today's code, so he went to a contractor and had them build a screen porch because to his knowledge there are no permits required because it was already there. Chairman Bettor asked Mr. Lathrop to identify the photos of his property. Mr. Lathrop identified the pictures of his property. Mr. Koch asked Mr. Lathrop when did he take down the enclosure that he had put up. Mr. Lathrop stated that he took it down one week before he put up the screened porch. Mr. Koch stated that from what Mr. Lathrop is saying that he was is in violation from January 24 to June 16. Tim McLeod made a motion to confirm the fine at administrative costs based on the recommendation of the code officer at $200.00 to be paid within 30 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-yes Judith Tulacro-yes Richard Bettor-yes 11) Motion to Confirm Fine - #03-4944- Chris Murray- 4287 SW 49`h Court Code Inspector Eric Baker came forward was sworn in and gave testimony on the past history of the case. Mr. Baker stated that the compliance date was 02/02/04, the property didn't come into compliance until 4/07/04 and the fine ran for 14 days at $100.00 per day which brought the fine to $1,400.00 plus $100.00 recording fee which brings the total owed to $1,500.00. Mr. Baker presented to 2 photos. Chairman Bettor asked if there was anyone present representing Chris Murray. Chris Murray, 19090 W Dixie Hwy, Miami, FL 33180 and Joe Festa, 4287 SW 49`h Court, Fort Lauderdale, 33314, came forward and were sworn in. Chairman Bettor asked Mr. Murray and Mr. Festa to identify the 2 photos of the property which were dated 3/29/04. The respondent, identified the pictures of their property. Mr. Murray stated that he didn't know of the situation because he moved and he never received it. Mr. Festa stated that he didn't know about the violations until he found the notice that was left on the door. Mr. Johnson said that the notices were sent to Mr. Murray at I I I I I Biscayne Blvd and they all came back unclaimed. Mr. Murray stated that was his address from 2 years ago from when he purchased the property. Judy Jensen made a motion to confirm the fine, the motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-no Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 5 July 6,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 9/08/04 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for#02-3397 - Michael Abbott—4597 SW 29 Terrace. Summary Explanation & Background: Michael Abbott was originally cited on 9/17/02 for 2 violations and given 7 days to comply. Mr. Abbott did not comply and was heard by the code board on 3/03103. The board issued a final order giving Mr. Abbott 30 days to comply or a fine of$50.00 per day would be levied. The compliance date was 4/26/03 and he did not comply until 7/06/04. The fine ran from 4/26/03 through 7/06/04, 437 days @ $50.00/day = $21,850.00 plus$100.00 recording fee = $21,950.00 owed. The fine was confirmed on 11/03/03. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abating the fine to $3,000. (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 3/03/03, and 11/03/03 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 fine to $3,000.00 because violations were not life threatening. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 4 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 # 02-3397 Michael Abbott 4597 S. W. 29 Terrace DATE: September 8, 2004 This was originally heard by the code board on 3/03/03 for 2 violations. A final order was issued giving the defendant 30 days to comply or a fine of$50.00 per day would be levied. The compliance date was 4/26/03 and he did not comply until 7/06/04. The code enforcement board, after hearing testimony on 9/07/04, decided by unanimous vote to recommend abating the lien to $3,000.00 because the violations were not life threatening. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairman RB/gb CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #3397 municipal corporation PLAINTIFF, FINAL ORDER vs. MICHAEL ABBOTT DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on March 3, 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, Michael Abbott, did allow the following code violations to exist at property Defendant owns located at 4597 S. W. 29 Terrace, Dania Beach, Florida, which property is legally described as: MARSHALLS EVERGLADE SUB 2-32 D 29-50- 42 LOT 13 E 35 OF N 85 OF S 914 TOGETHER WITH LOT 14 S 85 OF N 250 OF W1/2 LESS N 1 ACRE BLK 3 (# 0229 01 1130): 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the property and to mow/cut and maintain weeds and grass. FINAL ORDER #3397 PAGE 2 2. Chapter 22; Streets and Sidewalks; Section 22-1, Buildings to be numbered. Failure to display correct street number upon the building. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Michael Abbott: (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$50.00 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, Michael Abbott, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $50.00 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. ORDERED at Dania Beach, Broward County, Florida, this o�2 7 day of �fk 12003. Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #3397 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Ch irperson Notary Seal: Sworn and subscribed before me this day of 2ak 2003. NOTARY PUBLI ST TE OF FLORIDA Richard Bettor is personally known to me. Gloria J Brandes My Commission Doi87280 Expires May 10,2007 Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #3397 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Michael Abbott, this 5� day of YrX46k , 2003. CERTIFIED MAIL 7002 0860 0005 3713 9397 --L/ " (�-- /31 CODIt ENFORCE NT OARD CLERK APPROVE S TO FORM AND CORRECTNESS TIM RYAN SPECIAL CITY TTORNEY Also sent first class mail Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 O p �R R R p YET•`....,-.f ,� �) :. _7 44 r ' c c� m m r m coi M — -- c- — C3 --_ C3 _(D O o -- O N 2 c O � (6 in J -- -- p U M o N co N M P? f" L � O O �� CD co M L m LL (u N to U O m W m O O 0 v O O r- U CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #02-3397 Municipal corporation PLAINTIFF, FINAL ORDER vs. MICHAEL ABBOTT DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector, Gary Phaneuf, on the City's Motion to Confirm Fine held on the 3rd day of November, 2003, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 27th day of March, 2003, a Final Order in the above captioned case commanding the defendant, Michael Abbott, to bring the violations specified in said Final Order into compliance on or before the 26th day of April, 2003, or pay a fine in the amount of$50.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #02-3397 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 13 E 35 OF N 85 OF S 914 TOGETHER WITH LOT 14 S 85 OF N 250 OF W1/2 LESS N 1 ACRE BLK 3 (# 0229 01 1130). 3. That the Defendant, Michael Abbott, 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, Michael Abbott, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard B ttor, Chairman Sworn to and subscribed before me this ;?(� day of , 2003 By Richard Bettor, who is personally known to me. NO-VARY PUBL C 8TATE OF FLORIDA Return to: Patricia Varney 2 ;rona J grandes Finance Director ; My Commissbn�1e728o City of Dania Beach ;yaw EXPIMS ay�o.zoo7 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #02-3397 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Michael Abbott, this a day of 2003. CERTIFIED MAIL # 7002 2030 0003 2168 6855 CODE ONFORCEMEW B ARD CLERK APPROVE A TO FORM AND CORRECTNESS J. TIMOTHY/M. RYAN, SP IAL CITY ATTORNEY Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 D t tr' E;; Q l^ Q u ! (31 C .r7 r cr LL ty q 11;4, c,n Ln Ln LO cc N �® -•0 T- cceMM .0 C•M ni N . O N ®—® o O ca N a Q m r, 0 t_ ® rurlu `� a �C3 U f? > '. Q ce) � _O O Co 1L k _ j CU CU j U �+N O C a •m W �.�� m N 0 r U _x; �- FLORIDA September 17, 2002 MICHAEL ABBOTT Case Number : 02-00003397 4597 SW 29TH TER FT . LAUDERDALE, FL 333125614 Location: 4597 SW 29 TER Folio: 504229011130 Legal Description: MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 13 E 35 OF N 85 OF S 914 TOGETHER WITH LOT 14 S 85 OF N 250 OF W1/2 LESS N 1 ACRE BLK 3 Dear MICHAEL ABBOTT : 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 24, 2002 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not, hesitate to contact me . Sincerely, GARY HA EU'Zr CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5818 1615 by BETH DAGNON. "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us V 1UJ-JA TUN ULTAlL PAGE 1 CASE NUMBEk` 02-00003397 PROPERTY ADDRESS 4597 SW 29 TER ------ ------- ------------------ ------------------------------- VIOLATION: PUBLIC NUISANCES QUANTITY: 1 DESCRIPTION: CH 13 , SEC 13-23 DATE : 9/17/02' LOCATION: NARRATIVE Trash, junk, garbage, and all other materials stored on the property must be removed. Weeds and grass must be mowed/cut and 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. -------------------------------------------------------------- VIOLATION: CH 22, SEC 22-1 QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-1 DATE : 9/17/02 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. 1/24/03. They had an open permit after claiming the property had been sold: Attorney Pinsky answered that he could not guarantee that transaction occurred without checking the records. Chairman Bettor asked if there was anyone representing Belle Commerce; no one came forward. Chairman Bettor entered three photos into evidence. Mr. Dubisky then gave his 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 13, Section 13-23, Public Nuisance, trash on the property and overgrown vegetation; Chapter 28, Zoning, Article XXVI, Ravenswood Griffin Road Annexed Area Regulations, Article XXVII, Section 27-20, outside storage of materials, vehicles, trailers, containers, or other miscellaneous items is not a permitted use in the IROM zoned district. As of today, the property is still in violation of Chapter 13, there still remains trash, and the vegetation is not being cut; Chapter 28, vehicles, trailers and vessels are still stored on the property. The first contact of violation was 7/08/02. Chairman Bettor asked for a motion. It was on the motion of Jimmy Peterman, seconded by Beulah Lair, to adopt the findings of Will Dubisky, move that the violations exist, move that the violator be given 30 days or a fine of $100.00 per day shall be levied. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 26) #3354 Thomas Wilson and Lee S. Drayton 108 NW 13 Avenue Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and submitted three photos. Mr. Baker had the following testimony. Mr. Baker 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 13, Section 13-23, Public Nuisance,junk and trash must be removed; and Chapter 14, Section 14-2, abandoned vehicles. As of today, the property is still in violation of junk and trash; Chapter 14 has complied. The first contact was 9/12/02. Chairman Bettor asked if there was anyone representing Thomas Wilson and Lee S. Drayton; no one came forward. Jimmy Peterman motioned, seconded by Tim McLeod, to adopt the findings of fact by Eric Baker, move to find the violation exists as charged, move that the violators be given 30 days or a fine of $50.00 per day shall be levied. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 27) #3397 Michael Abbott 4597 SW 29 Terrace Ft. Lauderdale, FL Dania Beach Code Board Summary Minutes 17 March 3,2003 Code Inspector Gary Phaneuf, having been previously sworn in, came forward and submitted three photos. Mr. Phaneuf 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 22, Section 22-1, numerical address must be displayed on the house; Chapter 13, Section 13-23, Public Nuisance , trash, junk and debris; grass and weeds must be cut. As of today, the violation still exists of Chapter 22, 22-1 and Chapter 13, Section 13-23. The first contact was 9/17/02. Chairman Bettor asked if there was anyone representing Michael Abbott; no one came forward. Beulah Lair made a motion, seconded by Tim McLeod, to have a finding of fact by Gary Phaneuf, move the violation exists as charged, move the violator be given 30 days or a fine of $50.00 per day thereafter. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 28) 43461 Phase IV Properties LTD PRTNR 255 E Dania Beach Boulevard #220 Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and gave the following testimony. Service was obtained by Certified Mail, have return receipt; property was posted, Affidavit of Service is in file, and via first class mail. This is a violation of Chapter 15, Section 15-1, occupational licenses. Defendants do not have occupational license. Letter was sent 9/25/02 to notify the defendant to obtain occupational license. Chairman Bettor asked if there was anyone representing Phase IV Properties Ltd Prtnr; no one came forward. It was on motion by Gary Luedtke, seconded by Beulah Lair, to adopt the findings of fact by William Johnson, find that the violation exists, that the violator be given 30 days or a fine of $50.00 per day thereafter. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 29) #3462 Michelle Wilcox and Jeffrey Bryant 137 NW 4 Avenue Dania Beach,FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and gave the following testimony. Service was obtained by Certified Mail, did not get return receipt; property was posted, Affidavit of Service is on file, and also sent via first class mail. Chairman Bettor asked if there was anyone representing Michelle Wilcox and Jeffrey Bryant; no one came forward. It was on Dania Beach Code Board Summary Minutes 18 March 3,2003 the property, the lawnmower is broken but he will take care of that in two days. Mr. Koch came forward and stated that since the structure has already been built, an architect cannot draw the plan to what has already been built. The architect has to draw the plan according to what the codes require. The code says that anything that is being built has to be drawn, designed certified to meet the code standards. Mr. Lathrop could research thru the library the required structure that he needs to build, and Mr. Koch is willing to refer several designers to Mr. Lathrop. Mr. Lathrop said he is willing to comply by taking down the partial structure, and then get an architect to draw the plans. Mr. Koch said Mr. Lathrop will need 90 days in order to get the plans and permit. Judy Jensen made a motion, to adopt the findings of fact by Building Official Ken Koch, to make an extension of 90 days for the FBC 104.1, and 30 days for the Chapter 13, Section 13-23 or a fine of $50.00 per day on both violations. The motion was seconded by Gary Luedtke 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 18) Dearing to Confirm-#02-3397—Michael Abbott—4597 SW 29 Terrace Code Inspector Gary Phaneuf, 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 4/26/03. The reinspection of the property on 11/03/03 revealed that the corrective action had not been taken. The trash, junk and debris still exists on the property. The Affidavit of Non-compliance is on file, and Mr. Phaneuf submitted one photo. Chairman Bettor asked if there was anyone representing Michael Abbott; no one came forward. Jimmy Peterman made a motion to confirm the fine. The motion was seconded by Gary Luedtke 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 19) Dearing to Confirm -#02-2634—Aqua Isles LLC—3901 Griffin Road Building Official Ken Koch, having been previously sworn in, came forward and had the following testimony. On 10/07/02, the code board heard and issued an order on the violations. Pursuant to the board's order, the defendant was to have taken corrective action on or before 12/23/02. The reinspection of the property on 4/28/03 revealed that the corrective action had been taken, and the property is in compliance with the above stated order. A fine of$75.00 per day was levied from 12/23/02 to 4/28/03 for 126 days which totaled $9,450.00. Tim McLeod made a motion to confirm the fine. The motion was seconded by Jimmy Peterman and carried on the following roll call: Dania Beach Code Board Summary Minutes 13 November 3,2003