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HomeMy WebLinkAbout2004-07-29 Special Meeting Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS THURSDAY, JULY 29, 2004 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO MEETING. 1. CALL TO ORDER: 2. ROLL CALL: 3. ABATEMENT REQUESTS: 3.1 Renewal of request by Henry L. Graham, Liberia Economic & Social Development, Inc., for abatement of lot mowing and clearing of South Broward Cradle Nursery. Property located at 909 SW 12th Avenue. (Folio#1203-34-0220) 3.2 Request by Chriss E. Marcus for abatement of Case #03-4890. Property located at 4274 SW 48th Court. (Folio#0136-06-2510) 3.3 Request by E.R., Mariza and Marcus Santoni for abatement of Case #CEB99- 0334. Property located at 25 SW 121h Street. (Folio#1203-10-6210) 3.4 Request by Mark Herndon for abatement of Case #02-3796. Property located West of 3691 Griffin Road. (Folio#0230-05-0100) 3.5 Request by Merrill Industrial Center, Inc. for abatement of Case #02-3531. Property located at 3406 SW 34 Court, Building C. (Folio#0220-12-0030) 3.6 Request by Jocelyn Jones/Pat Jones, for abatement of Case #CEB00-0668. Vacant lot 200 Block NW 15t Avenue in Dania Beach. (Folio#0234-01-0110) 4. ADJOURNMENT AGENDA-ABATEMENTS 1 JULY 29, 2004 SPECIAL MEETING W O w a ~ 0 OU Y ao " SOLO m M N H ti z N _ o M y ti O 0cm a� Q LL O ti p N p p m o Li o p Q W Q 69� O = F- = w_ p IT O W W p Q m N 2 p ch 00 W O v 0 LL Q z LO p :3 cn p (0 cn z O _ � n p o a) Q Q LL Cl) 00 a J O — CD M Q p LL Q O N Z d 3 O - (B Q p J N 3:: m O o cn -� �+ (0 4 _ 0 Q W J = Q O O O O z0 pM U) m >'' a� z O LU 5 (D ® W W W LL z � L E w m F=— O J O~ 0 rn O L F— Q M fn J 4t o LO O N �• m m zp � Q � c N ~ No N O p W 0 Q Q ~ o p cLO � X o F- F- U) Q p N � ~ OOJQ urn oM z N EmDW OO 64 N cm p z Q a mOWJ ' (� oW � w �' O 2W 00 v) J Q � ~ NC M JV C, CO OF- O O m _ Q m0- F- z (1) > r U CNN N N Vl ®'J d N m J N J N E' L m N W 2 Q N 0) c O co W O Q d �, r _ Q cn 4- 04 N M = Z J a O. C M !_n � O LL h M � OW 'o — N ! W c � ' LO O � JQ �„ H E Df � UU rags 1 ui Mason, Linda From: Ansbro, Tom Sent: Monday, June 28, 2004 11:45 AM To: Mason, Linda; Falzone, Connie Subject: RE: S. BROW CRADLE NURSERY 1203-34-0220 That's OK. The full amount can be escrowed by the closing agent and if the Comm'n is asked for another abatement, we'll deal with it then. Otherwise, we may have the full lien satisfied. I have no objection to an escrow process. -----Original Message----- From: Mason, Linda Sent: Monday, June 28, 2004 11:36 AM To: Ansbro, Tom; Falzone, Connie Subject: RE: S. BROW CRADLE NURSERY 1203-34-0220 Thank you Tom & Connie, I have found out that this is going to be a Sale of the property. I have notified the title agent that I am marking my lien request with the original amount of the lien and still accruing interest which is now up to $4, 819.03 in stead of the abated amount of $1,327.92. It is likely that they will be call after they receive my lien request info and not like what they see that they owe. Thanks, Linda -----Original Message----- From: Ansbro, Tom Sent: Monday, June 28, 2004 11:03 AM To: Falzone, Connie; Mason, Linda Subject: RE: S. BROW CRADLE NURSERY 1203-34-0220 If the due date has passed, then the original amount is due. Conceivably, they could ask the Commission again; if and when the Commission states that it will not accept any further abatement requests, that will be controlling. -----Original Message----- From: Falzone, Connie Sent: Monday, June 28, 2004 10:22 AM To: Mason, Linda Cc: Ansbro, Tom Subject: RE: S. BROW CRADLE NURSERY 1203-34-0220 Good morning Linda and Tom, No I have not heard from Henry Graham or any other person involved with this organization. The 30 days extended to them has gone by, the charges will reverted back to the original amount. Tom ,this was their second abatement hearing, will they be allowed to request a third or more? Information I will need in case they should call and request another hearing. Thanks Connie -----Original Message----- From: Mason, Linda 6/28/2004 rage 01 Sent: Friday, June 25, 2004 11:57 AM To: Falzone, Connie Subject: S. BROW CRADLE NURSERY 1203-34-0220 Connie, Have you heard anything from these people on their pmt from the abatement hearing. They are overdue now and I have not received anything. I do have a lien req. to do for them and I am not sure if it is a refinance or sale. I will notify Tom A about it if you have heard nothing and see if I should put the amount that was original on the Lien req. or the abated amount since they are past due. Let me know if you had any info or money. I will let you know what Tom says. Linda 6/28/2004 W _ d ~ Y col O .... ._.... ..... O in, m MI M O C1 O `t V} :.x a O O O y LL O N C oo 0 ` O N N' O cM O C Q EA Z3 CD,: O ca d L '- (D W.O ti (L cM U o CU o o d O N L O M E o W Y c � o: cn m C_!' Qo 0 (D o W ;Y- N O o > cfl C m o on o X. Q U Vk O oo C C � J E Cr!) � O OM o � F- (D, QM Of N J co o W �.± v C v = � WZ 00 mo v�;; E° o F- M _j F; � N o p J U O: a 0 o �,� 00 U pNOQ =mD M L N co U) > aj o : Q: o m Ce CV (D C (B C O (n L O .� N O` ayi � � C o 0 m m ZOQ ` °� ) 1,- Q � � � � OW � OC N W In c � 0LLJQ J H E UU 01/16I2004 19:32 954-922-5619 CITY 0F DANIA BEACH PAGE 02/92 CITY OF D.AN� B CH ; o 100 W. DANIA BEACH BLVD. Telephone: 954-924.36$2 P. O• BOX 1708 Lions Fax: 954-922-5619 DANIA BEACHr FL 33004 UEN REQUEST FORMS NOTE: ALL REQUESTS MUST BE ACCOMPANIED BY A$60.00 CHECK MADE PAYABLE TO THE CITY OF DANIA BEACH FOR EACH INDIVIDUAL TAX FOLIO NUMBER AND A SELF ADDRESSED STAMPED ENVELOPE. PLEASE DIRECT YOUR REQUEST TO THE ATTENTION OF THE LIEN DEPARTMENT. YOU WILL BE ADVISED OF ADDITIONAL R5SEARCH COSTS. PLEASE PROVIDE THE FOLLOWING INFORMATION: FROM: Abramowitz Tax & Lien Service, Inc. DATE REQUESTED: June 24, 2004 816 S Military Trail PHONE 1-800-326-2967 Deerfield Beach FL 33442 FAx 1-800-449-0355 Please advise this offer If there are any certifled/panding or special assessment liens placed against the foilowing property as well as up-to-date utility account Informatlon, If applicable. PROPERTY TAX FOLIO#-. 1203-34-022 OUR FILFJ►D#_- 0376715 SELLER'S NAME: South Broward Creadle Nursery BUYER'S NAME: REFINANCE(Yes/No) PROPERTY ADDRESS: LEGAL DESCRIPTION:_.Lot 16 Blk 2 College Tract PR 19 Pg A Rmj&,grri NUMBER OF UNITS 1 2 3 4 (CIRCLE ONE1 ( )—#OVER 5 UNITS (LENGTHY LEGAL DESCRIPTIONS MAY BE ATTACHED) CITY OF DANIA BEACH WILL COMPLETE THE IF LLOI&l1N6 INFORMATION: _PROPERTY 13 A CONDOMINIUM UNIT. EACH CONDO BUILDING HAS A MASTER WATER METER. PLEASE CONTACT THE CONDO ASSOCIATION FOR INDIVIDUAL UNIT INFORMATION. WATER/SEWER ACCOUNT# . i�� T T fl/ ACCOUNT CURRENT? YES NO LAST METER READING DATE: DEPOSIT AMT:$ AMT DUE: ADDITIONAL INFORMATION: LIENS PROPERTY AS REFERENCED 1S CLEAR OF ALL LIENS: YES F ^ REMARKS SEE SPECIAL ASSE SSMI=NTS ON TAX BILL. AMOUNTS ATTACHED FOR PRORATIONBIE~TWEE N OLD S NEW OWNERS. . INFORMATION PREPARED By., 2L DATE LIKDA SON, 1_IENS/ASSESSMENTS Word Doc,Lianforrn January 16,2004 AfR /E Faxed Mailed D ca Cn o C7 M o w D 5- a `D K 0 2 00 A � C7 D Z co o � m N < UC m o Z C 0 bG O CITY OF DANIA BEACH �. *** CUSTOMER RECEJPT * * �• Oper: DANICSH Type: OC Drawer: 1 U Date: 6/25/04 01 Receipt no: 14876 oa c Description Quantity Amount LI LIEN INQUIRY 1.00 $50.ear ABRAMOWITZ TAX & LIEN 113-34-820� Tender detail sCK CHECK 55731 $58.00 o d Total tendered i58.00 Total payment g50,®B x Trans date: 6/25/04 Time: 13:31:28 y O o THANK YOU FOR YOUR PAYMENT *** C C b w O o /C n W City f(Dania Oeach FLORIDA O A DATE SENT: 6/25/2004 TO: Connie Falzone, Public Services FROM: Linda Mason, A/R & Liens SUBJECT: Lien Inquiry Request for Mowing/Trash Charges PLEASE ADVISE me whether there are any LOT MOWING/TRASH charges owing on the attached lien inquiry for property identified by: TAX FOLIO# 1203-34-0220 NAME: SOUTH BROWARD CRADLE NURSERY COPY OF THE BROWARD COUNTY PROPERTY APPRAISER'S DESCRIPTION IS ATTACHED FOR FURTHER LEGAL INFORMATION. If there are NO charges, please provide your signed response below. If there are OUTSTANDING AMOUNTS, please provide the necessary documentation and amounts due. Your immediate response to this matter would be greatly appreciated. RESPONSE FROM PUBLIC SERVICES DEPARTMENT: THE PROPERTY AS REFERENCED SHOWS NO PENDING CHARGES FOR MOWING OR TRASH SERVICES FROM THE PUBLIC SERVICES DEPARTMENT AS OF l r Z' CONNIE FALZONE,,PUBLIC SERVICES DEPT. 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 Phone (954) 921-8700 www.ci.dania-beach.fl.us 1JIVVVUI\:. I IUP%.ILy nNfJL"10,1 011V-MIM i...�.. . .,. ,. If you are looking to purchase this property,the tax amount shown may IMPORTANT: Y 9 p P p Y� Y p � �y have no relationship to the taxes you will pay. O .�! [» Please use our Tax Estimator to determine a more likely estimate of PR0PEht,Y.APPRAISER your new amount. _ .., — PREVIO}— NEXT VIE4ht MAP I '1NT......m NEW SEARCHall PA HOH E Site Address ID# 5142 03 34 0220 Property Owner SOUTH BROWARD CRADLE NURSERY Millage 0443 Mailing Address 2203 DOUGLAS ST HOLLYWOOD FL 33020-1425 Use 00 Legal COLLEGE TRACT 19-9 B LOT 16 BLK 2 Description Property Assessment Values Year Land Building Land Value AG Total Tax Current $ 10,800 $ 10,800 2003 $ 7,460 $7,460 $198.31 2002 $5,400 $5,400 $137.36 Save Our Exemptions Home Value Type Widow(er)'s/Veteran's/Disability Homestead Non-Exempt $ 10,800 Sales History Land Calculations Date Type Price Book Page Price Factor Type 12/97 WD $ 100 27482 682 $210.00 51.44 FF 12/94 WD $ 100 22932 196 Adj. Bldg. S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 04 D S A DS 12 0 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. http://www.bcpa.net/Includes/Ine_RecInfo.cfni 6/25/2004 To: TaxTalk Caller From; TaxTalk System 06/ZS/64 10:06am Page; 661 Broward County Board of County Commissioners Finance and Administrative Services DeB u, partment KURevenue Collection Division A R1 ' Governmental Center Annex 1. r 115 South Andrews Avenue Fort Lauderdale.FL 33301 (954) 765-4697 FAX (954)357-5731 ------ - ---- - - 7he information contained herein does not eonstitnte a title search and should not be relied on as such. Number: 11203-34-02200 Owner: SOUTH BROWARD CRADLE NURSERY Address: 2203 DOUGLAS ST HOLLYWOOD FL 33020--1425 FAX Number: (954)922-5619 Date: 06/25/2004 Tax Year: 2003 Total Assessed Value: $7,460 Exemptions: ' NONE Taxable Value: $7,460 NA'idow,Disability,or Other: $0 (Dross Tax Amount: $198.31 Homestead: $0 Village Code/Rate: 0443 / 24.85670 Real estate parcels without a homestead exemption may have tangible personal property taxes. Legal Description(1st four lines): COLLEGE TRACT 19-9 B LOT 16 BLK 2 Current Tax: Amount Due: 'NONE Tax Year Date Receipt Num. Amount Paid Tax Year Date Receipt Num. lmount Paid 2003 04/13/2004 72797270001 $206.26 Taxing Authority Taxes Taxing Authorih• Taxes CCNT BROWARD COUNTY COMMISSION $53.62 G DS DANIA STORM WATER $4.60 SSCH BROWARD CO SCHOOL BOARD $62.80 WSFW SO FLORIDA WATER MANAGEMENT $5.20 HSBR S BROWARD HOSPITAL $12.93 CCSC CHILDREN'S SVCS COUNCIL OF BC $2.92 T 04 DANIA BEACH $47.67 ' WFIN FL INLAND NAVIGATION $0.29 A 04 DANIA FIRE $8.28 Unpaid Delinquent Taxes: =NONE" Year Cert Yr/Num Current Payoff If Paid By* Next Payoff If Paid By* Other Comments: Thank you for using our TaxTalk system. Pay your taxes online at http://www.broward.org/revenue Roll Call: Commissioner Chunn No Commissioner Flury Yes Mayor McElyea Yes 3.5 Request by Henry L. Graham, Liberia Economic & Social Development, Inc., for /� 3aU abatement of lot mowing and clearing of South Broward Cradle Nursery, Located at 909 SW 12 Avenue. i� f Attorney Ryan advised this request came before the Commission in January 2003, and the Commission agreed to abate it from $3,983 to $1,327, to be paid within sixty (60) days; but it has not been paid. Henry Graham, advised he is one of the Board members of the South Broward Cradle Nursery, µY not the owner of the property. He stated they are not opposing the $1,327.92, but they never received a letter stating it had been abated. He asked that the $1,327.92 be upheld and they would pay within thirty (30) days. Commissioner Flury motioned to accept the $1,32 to be paid within thirty 30� dam seconded by Commissioner Chunn. Motion carried 3-0 on the following rollcall vote: Roll Call: Commissioner Chunn Yes Commissioner Flury Yes Mayor McElyea Yes 3.6 Request by Special Counsel Timothy M. Ryan, Ryan & Ryan, LLC, for reconsideration 4203- of Case 400-2264. Property located at 266 SW 81h Street. Attorney Ryan advised the Commission abated this case two (2) months ago to 50% of the original amount. The property was in foreclosure and is currently under contract to be sold for $150,000. The payoff amount of $127,000 was received from the mortgage holder and after closing costs, it was determined that there would be approximately $14,000 in equity in the property. The request is to give partial release as to the real estate for $14,000 so the City will be able to take all of the equity out of property and the lien against Davie Espeut would still remain as to the balance of the amount owed. Commissioner Flury motioned to give a partial release on the lien as to the real estate for $14,000, with the balance to remain with Davie Espeut; seconded by Commissioner Chunn. Motion carried 3-0 on the following roll call vote: Roll Call: Commissioner Chunn Yes Commissioner Flury Yes Mayor McElyea Yes Minutes of Special Meeting 7 Dania Beach City Commission Abatement Hearings Thursday, May 20, 2004 CUU'I City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 05/20/04 6:00 pm PROPERTY OWNER: SOUTH BROWARD CRADLE NURSERY, INC. PROPERTY FOLIO # 1203-34-0220 On this date your case has been heard before the City Commission of the City of Dania Beach,Florida. The following decision has been made. I.OTMOWING-DF,BRISRFMOLAL IIF,N(S) - BOOK 35618 PAGE 719 HAS BEENABATED TO THE AMOUNT OF: S j THIS AMO U_NT IS D UE WITHIN.• aL DA YS FROM THIS HEARING DA TE ABO VE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Comm again for abatement. on I the property owner or representative signs this agreement with full understanding of the information held within. Property Owner/Representativ Signature PRINT NA E WITNESS-✓;' y " � J PRINT NAME Please make checks payable and mail too: CITY OF DANIA BEACH Attn: A/R Dept Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created by Linda n9ason ABATENIENT HEARING AGREENIEN"T FORM 1,01'XIMVING-DI?BRIS RI?A40V.=AL 1203-34-0220.doc wa) Q 2 �2 n O � O � « 02 ui q m M 2 a! 2 04 z 6 0 Cli D m LLI 61)� 0k 0 w w o R Q 0 /■ � � LU � � P � k 2 « po CD q 227 R w Q � � z ° § To £ w Lu = 3 � k . k cn � / k Lo� m � « \ 6 / ƒ n « Cl? g � m IL ' ) F- Cl) O - . ® a = m u c @ d 2 M c 0 m 2 O LL � O . ) § / a E ' . f E CO Co o 2 O (1) A - < / k t a ¥ �, 5 -0 LL w w 2 v E m O 2 LU 0 > o > CDq / p 2 O o o # / o@ < D 2 2 �' CD � O 2 Q ƒ d � r =x \ > « O $ c ¥ m o � 2 J 2 ' 2 § / ? � w 0 2 � R D E C ƒ R \ ƒ 22 22 22LUR � 2 ® 2 2 LU � M U) q / -i / -0 � � ( 0 _ w 3 O O R p § : / 2 \ / U ¥ w2 m � Q > $ § k 2 3 % n n c q Q c M _ J §■ ( � /� � / w /� CD o U)z2A = � _� $ r � ± 3 & 2 � » KE � J P- § ƒ / / / l ! IMPORTANT: If you are looking to purchase this property,the tax amount shown may have no relationship to the taxes you will pay. OIU EZ Please use our Tax Estimator to determine a more likely estimate of PROPERTY',APPR2AISER your new amount. PREVIOUS , NE}CT VIEW MAP mPRihi NEW�SEARE'H BCPA HOhIE Site Address 48 SW 11 ST, DANIA ID# 5142 03 10 6470 Property Owner REYNOLDS,PHILIP C Millage 0443 Mailing Address 48 SW 11 ST DANIA FL 33004-4223 Use 01 Legal NORTH HOLLYWOOD 4-1 B LOT 3 BLK 48 Description Property Assessment Values Year Land Building Land Value AG Total Tax Current $68,870 $54,490 $ 123,360 2003 $66,520 $48,620 $ 115,140 $1,351.62 2 002 $52,070 $39,820 $91,890 $1,222.05 Save Our Exemptions Home Value Type4 Widow(er)'s/Veteran's/Disability Homestead Non-Exempt $ 76,210 $25,000 $51,210 Sales History Land Calculations Date Type Price Book Page Price Factor Type 10/97 WD $83,500 27211 396 $1,025.00 67.19 FF 01/90 QC $ 100 17124 625 09/75 W $ 158,500 Adj. Bldg. S.F. 1913 Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS R DS 1 1 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. http://vvvvw.bcpa.net/Includes/Inc_RecInfo.cfm 6/21/2004 CitY )f (Dania FLORIDA TO: TITLE COMPANIES AND CLOSING AGENTS RE: NON-AD VALOREM ASSESSMENTS ON TAX BILLS DATE: EFFECTIVE OCTOBER 1, 2003 THRU SEPT. 30, 2004 Please be advised that the City of Dania Beach has approved three non-ad valorem assessment programs affecting properties within the City of Dania Beach. These assessments will be charged annually on each property tax bill. These assessments are billed by, and must be remitted to the tax collector in the same manner, and at the same time, as ad valorem taxes. However, keep in mind that they are advance payments. The amounts below are included in the property tax bill. THIS IS NOT A BILL TO PAY THE CITY OF DANIA. PRO-RATE BETWEEN THE SELLER & NEW BUYER IF TAX BILL HAS BEEN PAID. The assessments for 10/01//03 to 9/30/04 for 1203-34-0220' 50UTH BROWARD CRADLE NURSERY Fire $8.28 Stormwater $ $4.60 Solid Waste $0.00 TOTAL "FOR SAMPLE PURPOSES ONLY" CLOSING ASSESS TOTAL DAYS RATE PER REIMB. DATE YEAR-END ASSESS REMAININC DAY SELLER 6/25/2004 9/30/2004 $12.88 97 0.03528767 $3.42' For additional information regarding these special assessment programs, call the City at 954-924-3662 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 Phone (954) 921-8700 www.ci.dania-beach.fl.us CLAIM OF LIEN INSTR# 103124838 OR BK 35618 Pages 719-719 THE CITY OF DANIA BEACH, FLORIDA, a municipal RECORDED 07,17,0313:27 13 corporation organized and existing under the laws of the State BROWARD COUNTY COMMISSION DEPUTY CLERK 1034 of Florida, on November, 25, 2002 furnished; #6, 1 Pages LOT MOWING AND/OR DEBRIS REMOVAL services to the following described property located in the City of Dania Beach, Broward County, Florida, and the amount of charges for same as shown hereinafter is due and owing the City of Dania Beach, Florida on the real property described as follows: LEGAL OWNER FOLIO # AMOUNT DATE College Tract 19-9 B Lot South Broward Cradle 1203 34 022 $3983.75 6/1 1/2003 16 Blk 2 Nursery Inc with interest thereon at the rate of twelve percent (12%) per annum from December 17, 2002 the date for interest to begin as shown in your statement for such services, to the date of payment of the amounts due. The City of Dania Beach, Florida, claims a lien for the above amount, as provided for in Section 13-32, Article II, Chapter 13 of the Code of Ordinances of the City of Dania Beach, Florida. Witnesses: �j CITY OF DANIA BEACH BY: (/ Patricia Varney Finance Director STATE OF FLORIDA) COUNTY OF BROWARD) SS. SWORN TO AND SUBSCRIBED before me this ZS""'i day of :2�zjP , 2003. By Patricia Varney Director, personally known to me. Notary Public This instrument was prepared by My commission expires and Return to: Patricia Varney Finance Director CITY OF DANIA BEACH SHARON PRENTICE ••,pv PUB'i P. O. Box 1708 =°. Notary Pubec•State of Florida Dania Beach, FL 33004 :WCafa, Dvbw"9,2007 s CoMmft W O Op181004 BomW By Pgfoil Notary Assn. ' h April 23, 2004 Certified Mail 7001 0360 0000 4110 7680 Henry Graham c/o Liberia Economic & Social Development. Inc. for: South Broward Cradle Nursery 3100 N 24 Ave. Building #1 1 st FI. Hollywood FL 33030 Re: Lot Mowing and/or Debris Removal Liens College Track 19-9 B Lot 16 Blk 2, Folio #1203-34-022 Dear: Mr. Graham, For South Broward Cradle Nursery Please be advised that you are scheduled on May 20, 2004, at 6:00 p.m., Dania Beach City Hall, 100 West Dania Beach Boulevard; Dania Beach, Florida. to address the City Commission on your request for abatement of the above- referenced lot mowing and/or debris removal liens. We would like to clearly state that your request for abatement of these liens on May 20th 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 regi]esting the abatement of the liens. Sincerely, Fernando A.-Vazquez, P.E. Director of Public Services i Q , • —,COI�PLETE THIS SEC"TION,ON DELIVERY, 0 Complete items 1, 2, and 3.Also Complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. 3 Print your name and address on the reverse �f11 so that we can return the card to you. C. Signature o Attach this card to the back of the mailpiece, X ,/, ,^ O Agent or on the front if space permits, 1}Fylrr g Addressee 1. Article Addressed to: D. Is deliv address different from item 1? ❑Yes If YES,enter delivery address below: ❑No 7Restricted ail ❑Express Mail ❑ Return Receipt for Merchandise ail ❑ C.O.D. livery?(Extra Fee) 0 Yes 7001 0360 0000 4110 7680 'S Form 3811,July 1999 Domestic Return Receipt 102595-00•M•0952 Liberia Economic & Social Development, Inc. 3100 N. 24 Avenue — Building #1 — I" Floor Hollywood, Florida 33030 March 25, 2004 C� 3 /�- j Ms. Connie Falzone Administrative Coordinator City of Dania Beach P. O. Box 1708 Dania, Florida 33004 Dear Ms. Falzone: Reference: Request for Hearing This letter comes to request an Abatement Hearing for South Broward Cradle Nursery, Inc., at the next available City of Dania's Commissioner's meeting. Information regarding the property in question is as follows: Legal Description—College Track 19-9-B Lot 16 Blk. 2 Tax Folio #1203-34-022 Location: East of 909 SW 12 Avenue Owner: South Broward Cradle Nursery 2203 Douglas St Hollywood, Florida 33020 Should you need any additional information,please feel free to contact me. I will be glad to assist wherever I can. Sincerely, henry L. Gr 1 " Executive Director HLG:fhs PHONE: 954.921 .2371 FAx: 954.921.2593 lwuc iNage rage f of f Nasser, Miriam From: Mason, Linda Sent: Wednesday, March 24, 2004 4:33 PM To: Falzone, Connie Cc: Nasser, Miriam Subject: RE: Craddle Nursery I Believe that the property owner must right the letter first then you (Connie) must forward it to Miriam to be put on the agenda, then Miriam sends out the notice of the hearing date and then sends me a copy of the agenda and I make up the abatement sheet that you must have at the hearing for signature to give the owner and one for us to follow up with whether or not they abate it or not the copy is mark whatever the commission agrees too as far as the amount they abate too. Connie you must ask me for the spreadsheet with the up to date amounts for the meeting when you are preparing your file for the hearing. Miriam, If anything is out of order on this please let us know the correct order. I am not sure if the City Manager is suppose to get the letters first to read and decide if he will put on the agenda or not. Linda -----Original Message----- From: Falzone, Connie Sent: Wednesday, March 24, 2004 3:42 PM To: Mason, Linda Cc: Nasser, Miriam Subject: FW: Craddle Nursery Okay Ladies, lets start on the right foot! or feet! South Broward Craddle Nursery 1203 34 022 is asking for another abatement hearing. I'm notifing Linda, now do I send the notification or does he first put this in writting that he wants to be placed on the agenda, then Linda is notified and then the letter is sent? When is the next meeting? Please let me know so we can all be on the same page. Thank you c -----Original Message----- From: Pato, Ivan Sent: Monday, March 22, 2004 8:50 AM To: Nasser, Miriam Cc: Falzone, Connie Subject: Craddle Nursery Henry Graham asked that the commission reconsider their fines and to be placed on the next abatement hearing. He can be contacted at 954-921-2371. Ivan Pato City Manager City of Dania Beach 3/25/2004 A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, to abate the lien to $2,500.00 with the stipulation that the fine be paid within 60 days. The motion passed on the following 4/1 roll call vote: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-yes Mayor Chunn-yes Commissioner Mikes-yes 3.4 Cirillo Attorney Michael Cirullo, Jr. representing Jeff Bartlett, advised that this case involved over growth and trash in the yard, however, it was his opinion that the $40,700.00 (50% of $81,300.00) as recommended by the Code Enforcement Board was excessive. Attorney Cirullo explained that the real problem involved Mr. Bartlett's failure to call for another inspection and that his client has removed all of the overgrowth and now intends on installing a picket fence to improve the property. Attorney Cirullo presented pictures of the property to the City Commission showing the improvements. Attorney Cirullo reiterated that his client spent a lot of money to bring the property into compliance and that his client forgot to call for a reinspection, which is why the fine escalated so high. Commissioner Bertino stressed the importance of property owners being responsible for maintaining investment properties so that there are no adverse impacts against the other property owners in the neighborhood. Commissioner Mikes suggested that a portion of the abatement amount be put back into improving the property further. A motion was made by Commissioner Bertino, seconded by Commissioner Mikes, to accept the Code E►„o,cement Board recommendation to reduce the fine to $40,700.00 based on this being a renta! property. The motion died for lack of a second. A motion was made by Vice-Mayor Flury, seconded by Mayor churn, to aaamc tho fin= t;, $20,000.00 based on the property having been brought into compliance with the stipulation that a picket fence be placed around the property similar to the fence next door and that the fine be paid within 6 months. The motion passed on the following 3/1 roll call vote with Commissioner McElyea being out of the room: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-out of the room Mayor Chunn-yes Commissioner Mikes-yes 3.5 LES Connie Falzone, Public Works Department, explained that the property in question is a vacant lot. She advised that vacant properties are not fined by the Code Enforcement Board and that these fines are imposed by administration and that they include actual costs. MINUTES 4 JANUARY 16, 2003 ABATEMENT HEARING Commissioner Bertino had a problem with waiving the fines as the property is a business, South Broward Cradle Nursery, which owes the State of Florida for various things and that the IRS is also owed money. Commissioner Mikes mentioned that L.E.S. knows the City's procedures and policies on maintaining properties and that the City cannot waive tax payer funds on these types of property problems. Henry Graham, Liberia Economic & Social Development, Inc. and board member of the South Broward Cradle Nursery, introduced Reverend Harris and advised that money is owed by the struggling business because of past individuals that operated the business. Mr. Graham advised that they are having a difficult time making payroll as the nursery is always under enrolled and they agree that the property should be maintained. Mr. Graham did state that they were not always aware of the certified letters mailed out from the City. Mr. Graham advised the L.E.S. would have taken action sooner had they been aware of the lien violations and that the letters were probably signed by staff members that did not forward the information onto him. Connie Falzone advised that Jennifer Brown signed for the certified letters. Reverend Harris identified that Jennifer Brown was the director and that he now has taken action to properly maintain the lot. Vice-Mayor Flury advised that the property could have a lien imposed on it for a lifetime and nothing is going to happen because there is no money to pay the liens and that it would better to reduce the lien or do something to resolve the problem. Commissioner Mikes mentioned that the City cannot afford to carry charitable organizations and that the City could see some money if the property was sold. Commissioner Bertino advised that businesses have to run properly and in a business manner. Reverend Harris advised that 29 children are enrolled at he nursery at this time and they are from the ages of 2-5 years old and some are from Dania Beach and some from Hollywood. Reverend Harris stated that they tried to keep the property upgrade and that they were no aware of the extensive fines being imposed and that this was an oversight. A motion was made by Mayor Chunn, after passing the gavel, seconded by Vice-Mayor Flury, to reduce the fine by 50% of$3,983.75 for a total due of$1,991.88. A substitute motion was stated by Commissioner Mikes, seconded by Vice-Mayor Flury, after passing the gavel, to reduce the fine by 1/3 of $3,983.75 for a total due of $1,327.92 to be paid within 60 days. The motion passed on the following 3/1 roll call vote with Commissioner McElyea being out of the room: Commissioner Bertino-no Vice-Mayor Flury-yes Commissioner McElyea-out of the room Mayor Chunn-yes Commissioner Mikes-yes 3.6 Abraham Padavathil MINUTES 5 JANUARY 16, 2003 ABATEMENT HEARING w Q ti a Y co OV- O vi to M �D O to f.. M �A -E O O m o y LL 0 M r Q ` 0 c O N C Q � E ti co L N N tD p O �.. c o u, O = a Z H c M ` 7 04 M w- >- cV r oo y O W J d C Q occ co to -� 0 m Z r � FO v C ET "' tl� I,- p N 0 E N ~ m O T O Q! O w X N C ti 'O C � ~ to G> O M N O m Q V d O O N O M ® JQCY) ca cr C ce o W O Q 0) N o m ~ '0 0 C1 O C U N U ~ C? ~ QN m U N ~ ) tNn O U �� U Q c N r D U > C rn 0 J �. p N cm vi O H 0 a) W a Lu6Q ` a d � � > v 0 O w O N � s � w e 0LLJQ J — !— E :_:iUU CITY Utilities and Public Works Phone : 954-924-3742 P. O. Box 1708 Fax: 954-923-1109 Dania Beach FL 33004 CERTIFIED MAIL 7001 0360 0000 4110 6034 January 8, 2003 South Broward Cradle Nursery Inc 2203 Douglas Rd Hollywood FL 33020 Re: Onerlien,Lot Mowing and/or Debris Removal Liens College Tract 19-9 B Lot 16 Blk 2 , folio 1203 34 022 Dear: Property Owner: Please be advised that you are scheduled on January 16, 2003, at 6:00 p.m., Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to address the City Commission on your request for abatement of the above-referenced lot mowing and/or debris removal liens. We would like to clearly state that your request for abatement of these liens on January 16, 2003 in no way represents a guarantee of a part or full waiver by the City Commission. Please be prepared to make your comments brief and to deal only with your reasons for requesting the abatement of the liens. Sincerely, Michael J Sheridan, P.E., Director of Public Works and Utilities message Page 1 of 1 Johnson, Charlene From: Pato, Ivan Sent: Tuesday, January 06, 2004 10:50 AM To: Falzone, Connie Cc: Johnson, Charlene Subject: RE: Abatement South Broward Cradle Nursery Vacant Lot Thanks Connie Ivan Ivan Pato City Manager City of Dania Beach -----Original Message----- From: Falzone, Connie Sent: Tuesday, January 06, 2004 10:29 AM To: Pato, Ivan Subject: Abatement South Broward Cradle Nursery Vacant Lot Good morning Ivan, Henry Graham was in to see me this morning. He stated that he sent you a letter requesting the lien amount be abated back to the amount due by March 17, 2003 granted by the Commission. South Broward Cradle Nursery did not pay by the due date and the City placed a lien the property. He has not received a response. His reasoning is that the City did not send South Broward Cradle Nursery the findings in writing. The City procedure at the time was not defined to do so. Mr. Graham was at the hearing and understood the findings although he is shifting this back to the SBCN not understanding. Mr. Graham was allowed to speak for SBCN at the hearing. If you would like to review the file just let me know and I'll bring it over to you. The abated amount due by March 17, 2003 was $1,991.88 and the lien amount is $3983.75 Have a great day Connie 1/6/2004 y Vyl N N c at N o 0 N a } Z ❑❑❑ ❑ w sy m E 30 N m E N ¢ _ a Q ; wcr0ca C T d m IJ -7 jl 'ems > ` _ 0 � U U ri r, C,rtifierl Fee (16 rC3„� Fie urn R•cei t Fa:; ;tn-iar d Qj rq U (Endo N p O Restrn t�1 D !i,ary h e N N EST =i M �' O � � O �_ C7 O E O C3 p Total Postage&Fees $ f Z- S U N.L-• j r w m p o e O m Sent TO a .- a Mn -P 0 Z p p Cm 7001 0360 0000 4110 6034 " 18 E m CD b o ,� st Gee.Qp South Broward Cradle Nursery > n. O (�� or PO B m p o: 2203 Douglas St ro E o p p �• N p� Y ro O V � C/t};Efate c 0 o N o o b v� �'' ,� Hollywood FL 33020 . ci c mCOW _._... f. ID CC 3w °' O CA d O c0 O Q Q co nv > ia= O '. E E'�� m o U.a)a` N¢ o` a E a LL ® L) c , N a mom. CITY OF D7BEACHPUBLIC WOR9PDANIA BEA CERTIFIED MAIL 7001 0360 0000 4110 5884 December 3, 2002 STATEMENT Re: Legal Description:COLLEGE TRACT 19-9 B LOT 16 BLK 2 Tax Folio: 1203 34 022 Location: EAST OF 909 SW 12 AVE Owner: SOUTH BROWARD CRADLE NURSERY INC 2203 DOUGLAS ST HOLLYWOOD, FL 33020 Dear Property Owner: Pursuant to written notice sent to you by certified mairf001 0360 0000 4110 5631, referenced property was mowed/cleared of trash on and in accordance with said notice, the sum of$3,983.75 is due and payable to the City of Dania Beach: Mowing : $ 133.75 Clearing: $3,800.00 Service Fee: $ 50.00 TOTAL $3,983.75 Demand is hereby made that said sum of$3,983.75 be paid to the City of Dania Beach, on or before the Decmeber 17, 2002. In the event that you fail to pay the amount demanded within the time specified, a lien for the full amount of this statement plus recording fees of$55.00 for the initial recording of the lien and $45.00 for recording a satisfaction of lien once it is paid, will be imposed upon your property by the City of Dania Beach, Florida, and said lien recorded in the public records of Broward County, Florida. Respectfully, Michael J Sheridan, P.E., Director of Public works and Utilities N H N � C o O C Ca m 0000 ❑ �, C. O m'_ E 3 i ' - Z m Cr N UIna Z O a w QU ❑ ❑ ❑ t� '2 22 o o .0 Caa p 1.- N W (�"¢ C a �- •.rt. ai'S`r %E: :� NCO i = ❑ ❑ Q $ CO Cc u7 3C r; v E --- w 9 p /) 7 r usta�e s J r-q ut E I .nark y N •a W O p I -.urn Receipt I—, a > = a r 0 (Lri o ....en nuq i"J, E . a� _ � p - o �_ at o f p it r d ry l U N� T m p o � oL z m CO "O .N.• O 0 p Total Pu:;f:,,,a.e ca..� c6 pm i y U E-, M p M en1T'v CM 5884 CL 131 .> a _ . a p o SOUTH BROWARD CRADLE N -a `� � `�' 3 U Q Q M m a G�,t �.A, NURSERY INC —. .2 p or PO 8c my oN o p >. N Q, w _ O � 203 DOUGLAS S"I' N U �" o HOLLYWOOD FL 33020 �? 3 T / Q) N N O �}•i O f. r ..- ......,..»a.,......r.....,..,.«...wa+w�+,uvw.e¢w.:s.,r+;x:...+: N'i,w:.3".'A:.aA pl .i.:U, 00 ' w O L00r..l �.-1 11 a- a Ec- Cu � In b02 o NQ U ¢ a III fn CITY OF Rf-`JJIA 13 h IVISI I"� OFPt.� t..l "'OR KS S nia PS). BOX -1 E 03 l' Dania I3e cl�, FL 330` 41 � ) 94-.3742 October 28, 2002 SOUTH BROWARD CRADLE NURSERY INC CERTIFIED MAIL 2203 DOUGLAS ST RETURN RECEIPT REQUESTED HOLLYWOOD FL 33020 CERT# 7001 0360 0000 4110 5631 LOT 131 LEGAL DESCRIPTION: COLLEGE TRACT 19-9 B LOT 16 BLK 2 FOLIO NO. 1203 34 022 LOCATION: EAST OF 909 SW 12 AVE NOTE:TRIM TREES $3,800.00 Dear Property Owner: Pursuant to Section 13-32, Article II of Chapter 13, of the Code of Ordinances of the City of Dania Beach, Florida, you are hereby notified that you are in violation of said section by having excessive growth and/or trash at the above referenced property located within the City of Dania Beach, Florida. You are hereby further notified that you must have this parcel of land mowed and/or cleared within ten (10) working days from the date of this letter. Failure to respond within this ten day period will result in the city having your property mowed and/or cleared and billing you for all costs which will be calculated as follows: (a) $100.00 for lots 5000 feet or less. (b) $0.025 per square foot for lots over 5000 feet. (c) $20.00 per cubic yard of rubbish and other debris removed from the property. (d) A $25.00 service fee for first offense; and $50.00 service fee for all other offenses. (e) In the event a lien has to be prepared and recorded a charge of $55.00 will be imposed. (f) In the event a lien satisfaction has to be prepared a charge of $45.00 will be imposed. (g) In the event this Final Order is filed/recorded as a lien a charge of$55.00 will be imposed. (h) In the event a Lien satisfaction has to be prepared a charge of$45.00 will be imposed. PAGE 2 LOT#: 131 In the event the costs are assessed against your property and you fail to pay same within the time specified in your statement, a lien upon you property will be recorded by the city. Accordingly, the following charges will be assessed against your property: Mowing: 5350 sq ft at $.025 per sq ft $ 133.75 `Trash and debris removal: Estimated at 190 TRIM TREES cubic yards at $20.00 per cubic yard $3,800.00 SERVICE FEE $ 50.00 TOTAL $ 3,983.75 PLEASE GOVERN YOURSELF ACCORDINGLY. Very truly yours, Michael J Sheridan P.E., Director of Public Works /Utilities * This is only an estimate. Charges will be computed based upon the actual volume removed. MJS/cjf o e o COMPLETE THIS SECTIONON DELIVERY ® Complete items 1,2,and 3.Also complete kA. eceived y(PleaseWint Clearly) B. Date of eliv ry item 4 if Restricted Delivery is desired. :) f U / C3Print your name and address on the reverseso that we can return the card to you. gnat r _19 Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. ❑Addressee ivery ad erent from item 1? ❑Yes _ I. Article Addressed to: If YES,enter deli ry address below: ❑ No CM 5 631 CL 131 SO BROW CRADLE NURSERY 2203 DOUGLAS ST HOLLYWOOD FL 33020 3. Seryjpe Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑'Yes 2 7001 0360 0000 4110 5631 �(�✓ PS Form 3811,July 1999 Domestic Return Receipt 102595-00 c; 7001 0360 0000 4110 5631 0 CDy �� n M. s n f 2 O > 0 r a� AGENDA REQUEST FORM CITY OF DANIA 04A Date: 7/12/04 Agenda Item #: ;ir Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Chriss E. Marcus -#03-4890—4274 SW 48 Court Summary Explanation & Background: Chriss E. Marcus was cited on 6/25/03 for 2 violations and given 30 days to comply. The compliance date was 7/25/03 and Mr. Marcus did not comply. The case was brought before the Code Enforcement Board on 9/08/03 and the Board issued a Final Order giving the defendant 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 10/19/03 and the property was not brought into compliance until 11/14/03. The fine ran from 10/19/03 through 11/14/03, 26 days @ $100.00/day = $2,600.00 plus $100.00 recording fee = $2,700.00 owed. The fine was confirmed on 3/01/04. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denying the abatement. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 9/08/03, 3/01/04 and 5/03/04 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 denying the abatement. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INTEROFFICE MEMORANDUM CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 03-4890 Chriss E. Marcus 4274 S. W. 48 Court DATE: May 4, 2004 This was originally heard by the code board on 9/08/03 for 2 violations. They were Ch. 8 for failure to paint building, and Ch. 13 for failure to remove trash, junk, garbage and other materials stored on the property and mow/cut and maintain weeds and grass. A final order was issued giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The 'compliance date was 10/19/03 and the property was not. brought into compliance until 11/14/03. The code enforcement board, after hearing testimony on 5/03/04, by unanimous vote, recommends denying the abatement. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Bettor, thairman RB/gb PREPARED BY: TIMOTHY M. RYAN, ESQ. Special City Attorney City of Dania Beach 700 East Dania Beach Boulevard INSTR#103912324 Dania Beach, Florida 33004 OR BK 37281 Pages 1296-1300 RECORDED 04/20/04 15:46:56 BROWARD COUNTY COMMISSION RETURN TO: DEPUTY CLERK 1033 PATRICIA VARNEY #4,5 Pages FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code 'Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 1 6 day of April, 2004 CITY OF DANIA BEACH By. Patricia Varney Finance Director MARCU CHRISS File: CEB 03 4890 FINAL ORDER 0136-0 , 2510 0136-06-2510 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida : CASE # 03-4890 municipal corporation PLAINTIFF, FINAL ORDER vs. CHRISS E. MARCUS DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 8, 2003, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Chriss E. Marcus, did allow the following code violations to exist at property Defendant owns located at 4274 SW 48 Court, Dania Beach, Florida, which property is legally described as: PLAYLAND ISLES 37-14 B LOT 7 BLK 11 (#0136 06 2510): 1. Chapter 8, Article II — Property Standards; Section 8-21(a)(5)(a), (1) & (2); Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to paint building which is discolored and has peeling paint. FINAL ORDER #03-4890 PAGE 2 2. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials from the property and to mow/cut and maintain grass and weeds. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Chriss E. Marcus: (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 $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, Chriss E. Marcus, for the foregoing violations listed in paragraphs b.(1) and b.(2), 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 day of Q�yC- , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: ichard ettor, Chairp Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-4890 PAGE 3 Notary Seal: Sworn and subscribed before me this _ day of 2003. NOTARY PUB LI TA E OF FLORIDA Richard Bettor is personally known to me. JBWdes � �f �Cafim �D187280 fires May 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAI. ORDER #03-4890 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Chriss E. Marcus, this Iq day of , 2003. CERTIFIED MAIL 7002 2030 0003 2168 5643 CODII LNFORC6MENt BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RY , SPECIAL 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 r ul �n' era rul Postage $ rn CertMed Fee 1 t.. Cl � C] Retum Reciept Fee u " C (Endorsement Required) r p' Restricted Delivery Fee . fYl (Endorsement Required) , Ca rU. Total Postage&Fees ' C3rqnTpt nfo; or Poao� --- --- - 5 • ei n Lil U ?� li d ttt G }r S LL 0 m r*:i U') ®� C M "0 LL r-3 ru m m O ( OOC7 mOni O co tL ruo L N 0 CU O � O M t � m N L.L h ys cu N CU N VV O jW O O O O 0 N n"i i f" GF .tf l 0 ... Z, 0. �` G — k J, cc> IX o) LL p�1INf1J. ` T 0) O ❑ CD dam' M -y c`) M W X Z3 U — '.!E dj 200 cc � N 171 W to J CO s N o (it's U -I- U- RD N) •ra r•:� cv �. > o Oo to M f� LL C t �j = U CU w 70 U `` PREPARED BY: 5 TIMOTHY M. RYAN, ESQ. Special City Attorney City of Dania Beach INSTR#103912325 700 East Dania Beach Boulevard OR BK 37261 Pages 1301 -1304 Dania Beach, Florida 33004 RECORDED 04/20/04 15:46:56 BROWARD COUNTY COMMISSION DEPUTY CLERK 1033 RETURN TO: #5,4 Pages PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 1 6 day of April, 2004 CITY OF DANIA BEACH Patricia Varney Finance Director MARCUS, CHRISS File: CEB 03 4890 ORDER IMPOSING FINE 0136-06-2510 0AI CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 03-4890 Florida municipal corporation, Plaintiff, -vs- CHRISS E. MARCUS 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 Vt day of March, 2004, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the19th day of September, 2003, a Final Order in the above-captioned case was entered by the Board commanding the Defendant, Chriss E. Marcus, to bring the violations specified in said Final Order into compliance on or before the 19th day of October, 2003, or pay a fine in the amount of$100.00 per day for each day of non- compliance thereafter. 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 BLOT 7 BLK 11 (#0136 06 2510) Order Imposing Fine Case#034890 3. Defendant, Chriss E. Marcus, 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 November 14, 2003, when the Defendant complied with said final order. 5. The fine accrued for a period of 26 days at $100.00 per day for a total fine of$2,600.00. 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 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this _�day of 2004 by ,((� �� 4� who is personally known to me. Not4 Public, Stat of Florida bus` Gtona J Brandes 9dj My commission DD18 = or w Expires Msy 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#03-4890 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposin Fine was mailed to the Defendant, Chriss E. Marcus, this day of , 2004, via U. S. First Class mail and U. S. Certified Mail No. 7002 2030 0003 2169 0609. �)" 9��&' 44401eo CO& ENFORCE ENT BOARD CLERK APPROVED TO FO AND CORRECTNESS TIMOTHY RYAN, SPEC AL CITY ATTORNEY Return to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FI 33004 s I♦ B 0 .. ... -... - . :. S4,11 , x, s Pos e $ D m 0 Ce iad,. F Return R� Fee ` �` (Endorsemen 'iz� red) (► ere ` C3 Restricted D 3�e '✓ m (Endorsement qru ui Total Postage& ♦ :j" , ru o see /!,-: /,' o N or PO,Box No ([ , e r 33 ,5 a . A C �C a a1 U u L o v ry � r. r 5c •Y.� 4 a �+�.. 0 0 O _ ...n CO C3 LO T -00 CM ru M m O M V _O O L 00 u (d � "a o a� m -0 o W = N ru U) J v ti �_ o ` ti v Q� N V � LL CU V- C) C m ch m CO lL cc � N N m CU 'E »> C to O � O T O 0 Q cM � O A O C3 (End e orse nt 188 • re r C R strictei)Deli fr1 (Endorsement Re iru r Total Postage&Fees nt �. S� T P- Nf,--- Apt -- c. r b or PO Box No Ci e,ZIP+4 � G 0 0 • �p �• d ® Completelitems�l. 2andk3 Also,com fete' �; �A�'Signature � `' �item'4�If RestrlctedDeUveryls d siredp '"L p,A ent ® Pnnt your name andddress�on the reverse x ,Addressee: 'rxt vz.nt zs arar %;a*A .�,. ^t<aas�i #Y '.x- tea. ,,;,`a„` ,s ✓. sar Zz$F{Sr^�=F�aa "tr xm r so that we can return thecard to you : , Y � � t$ BReceivedrby(Printed Name) C o ehvery ® Attach this cardsto the back of the mallplece, . or on#thRront IfEspace 2-tay, ss�.av�5sx .t*a 1Article Addressedto €" a D isdeliveryraddress dffferent from itern17 Y s � rt.. � a ��S q vx� �{ � dal ik '3�b` " 43� ,,.• � PO £ter � , 0 r r fp+» ' 011 .. ,� � �,� �� � ���s Certified Ma�l��❑Express Mail�"� � �b Merchand>se �„ `' ,� „��� � � ��,��,�+��,t�� �,� ���,�,�,t, �4 fiRestncted Delivery?�(Eztia Fee) � s❑'Yeses a f i r,« �.+ * .:a,+^ #..; �`�'"�F-.`'+f �z `��'-,�a'r> �"�"�,s➢ .�,xL,f� �F'. z�'s �_�`� ',ice �� '� 3..�fin', .ht�.�..s"ab�+��'Su�u'w�is+r•..�e a*.sua bt....s..r�s�tFF.,.s,�°a�� �s�.,'�,s�� a''e��"c..� Ti'Y t�"'s`'�`"'�sS, �`,�-e;�5"'�.���,,€���'�'.� s:> t�`k3`3�m�`""'? s ape { = FLORIDA June 25, 2003 CHRISS E MARCUS Case Number: 03-00004890 4274 SW 48 CT FT LAUDERDALE, FL 333145609 Location: 4274 SW 48 CT Folio: 504136062510 Legal Description: PLAYLAND ISLES 37-14 B LOT 7 BLK 11 Dear CHRISS E MARCUS: 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 25, 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. Since l li4z' y, ERIC BAKER CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2168 3168 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 V lULIKI'luv 1)n 1rii,U SASE NUMBER 03-00004890 PROPERTY ADDRESS 4274 SW 48 CT VIOLATION: MINIMUM STANDARDS-PAINT QUATNETITY: 6/25/01 DESCRIPTION: CH 8,ART II, PS, SEC 8 21A5A1&2 LOCATION: NARRATIVE Remedy will be to paint and maintain building. ORDINANCE DESCRIPTION Violation of Chapter 8, Article IMinimum StandardsI - Property for Section 8-21 (a) (5) (a) , (1) &(2) ; Dwellings, Hotels, and Rooming Houses. Maintenance and Appearance Standards . The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted aint surfaces shall be maintained free of graffiti, peeling P and with uniform colors void of any evidence of deterioration. -------- ------------------------------------------------------ VIOLATION: CH 13 , SEC. 13-23 TRASH,W QUANTITY: 1 DESCRIPTION: CH 13 , SEC. 13-23 TRASH,WEEDS DATE: 6/25/03 LOCATION: 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, garbage, and all other materials stored on the property must be removed. Weeds and grass must be mowed/cut and maintained. CORRECTIVE ACTION REQUIRED : Trash, junk, garbage and all other materials stored on property must be removed. Weeds and grass must be mowed/cut and maintained. r CO:` o m CO lu Postage $ a ? & a , 13 Certified Fee Return Reclept Fee{ P., -77 (Endorsement Required) C ` R 1 Restricted Delivery Fee 0 (Endorsement Required) fSi $rr fit Total Postage&Fees ru o Chriss E Marcus 4274 SW 48 Ct ""'"1 Ft Lauderdale, FL 333145609 s 0 0 gG S P � a t��•y}a `� 11�' CO 1 I f"� v f<i <� 3 cc, , �I m I Q ru M \ M m .� C3 o ♦v m00 o W a� ru •� 0 ru .�.® C7 N a � w a o co �t a) o m L M �p m c m C) 0 T • 0 Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 29) #02-3877 Allison E Funes 5505 SW 44 Terrace Ft. Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. Notice was sent Certified Mail, service was obtained; also sent via first class mail, property was posted; and Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2, junk and abandoned vehicles; Chapter 22, Section 22-1, buildings to be numbered; FBC 104, paver driveway installed without a permit. As of today, the property is still in violation of Chapter 14, there has been no re-inspection requests to confirm that the vehicles in the photos are legal; Chapter 22-1 has complied; FBC 104 has not complied because there is no application for permit. Mr. Dubisky submitted two photos into evidence. The first contact with the violation was 1/17/03. Chairman Bettor asked if there was anyone representing Allison Furies; no one came forward. Board Clerk Gloria Brandes brought it to Mr. Dubisky's attention that there is an Occupational License violation. Mr. Dubisky replied yes there is also a Chapter 15, Section 15-1, Occupational License has not been applied for and that is still in vioaltion. Beulah Lair made a motion, to adopt the findings of fact by Wil Dubisky, that the offender be given 30 days to bring the violation into compliance or a fine of $100.00 per day. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 30) #03-4890 Chriss E Marcus 4274 SW 48 Court Ft. Lauderdale, FL Code Inspector Eric Baker, having been previously sworn in, came forward and submitted four photos, one as of 7/31/03, and the other is of today. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance, trash,junk, weeds and grass; Chapter 8, Article II, Section 8-21 A5A 1&2, paint violation. As of today, the property is still in violation of Chapter 13, trash and junk still on the property, grass needs cutting; Chapter 8, building needs painting. The first contact with the violation was 6/25/03. Chairman Bettor asked if there was anyone representing Chriss E. Marcus. Tim McLeod made a motion, to adopt the findings of fact of Eric Baker, that the violations do exist, that the violator be given 30 days or a fine of$100.00 per day. The motion was seconded by Judy Tulacro and carried on the following roll call: Dania Beach Code Board Summary Minutes 20 September 8,2003 Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 31) #03-4973 Phillip Fortney 215 SE 3 Street Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and asked for a dismissal. Tim McLeod made a motion to dismiss the case. The motion was seconded by Gary Luedtke and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes Beulah Lair asked Mr. Johnson why was the case being dismissed. Mr. Johnson said that the respondent had fixed the sidewalk that needed repair, but the city had broken another portion of the sidewalk and the city would repair that portion. 32) #03-4995 Richard Hidalgo '/Z Int Lynda Hidalgo 218 SW 2 Place 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 obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 8, Article II, Section 8-21 A5A 1&2, paint violation; Chapter 13, Section 13-23, Public Nuisance, trash and weeds; Chapter 14, unlicensed or inoperative vehicles. As of today, the property is in compliance, but requesting a finding of fact on all three violations. Mr. Dubisky said it is a Public Nuisance violation, and also requesting a finding of fact. Board Clerk Gloria Brandes restated that it is four violations. Tim McLeod made a motion to adopt the findings of fact by Code Officer Will Dubisky. The motion was seconded by Gary Luedtke and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 21 September 8,2003 Section 14-2, abandoned and inoperable vehicle. As of today, the property is still in violation of trash and junk; and Chapter 14, inoperative vehicle is still on the property. The first contact with the violator was 7/18/03. Chairman Bettor asked if there was anyone representing Colbert Marcum. Colbert Marcum, 4243 SW 49 Court, came forward and was sworn in. Chairman Bettor asked Mr. Marcum to identify the photos of the property. Mr. Marcum said yes it is his property. Chairman Bettor asked Mr. Marcum how could the city assist him. Mr. Marcum said that he needs some time to clean the property because he has a house full of sick relatives that he is tending. Chairman Bettor asked Mr. Marcum how many days would he need to comply. Mr. Marcum said that he would need at least 60 days. Judy Jensen made a motion, to adopt the finding of fact by Enforcement Officer Eric Baker, move to find that the violation exists as charged, move that the violator be given 90 days to comply or thereafter a fine of$60.00 per day shall be levied. Proper service was given. 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 15) Hearing to Confirm -#03-4890—Chriss E. Marcus —4274 SW 48 Court Code Inspector Eric Baker, having been previously sworn in, came forward and had the following testimony. This was originally heard by the board on 9/08/03 for two violations. The board issued an order giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The compliance date was 10/19/03, but the defendant did not comply until 11/14/03. The fine ran from 10/19/03 thru 11/14/03 for 26 days at $100.00 per day which equals to $2,600.00. This was heard by the board on 1/05/04 for the reduction in fine, and the board reduced the fine to $1,300.00 if paid within 30 days. The $1,300.00 was not paid and the trustee of the property, Chanell Gutierez, had requested to go before the commission for an abatement. We are asking for a confirmation of fine for the period of 10/19/03 thru 11/14/03 for a total of$2,600.00 owed. 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 16) #02-3225 Desire M. Baccari 5310 SW 24 Avenue Ft. Lauderdale, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and requested a continuance. Jimmy Peterman made a motion to Dania Beach Code Board Summary Minutes 9 March 1,2004 11) Request for Abatement- #03-4890—Chriss E. Marcus—4274 SW 48 Court Code Inspector Eric Baker, having been previously sworn in, came forward and had the following testimony. This came before the board on 9/08/03 for 2 violations. The board issued an order giving the defendant 30 days to comply or a fine of $100.00 would be levied. The compliance date was 10/19/03, but the defendant did not comply until 11/14/03. The fine ran from 10/19/03 thru 11/14/03 for 26 days at $100.00 per day which equals $2,600.00 plus $100.00 recording for a total of $2,700.00 owed. This was brought before the board on 1/05/04 which the board heard for a reduction in fine. The board agreed to reduce the fine to $1,300.00 to be paid within 30 days. The fine was not paid and it was brought back before the board on 3/01/04 for the confirmation of fine that was confirmed. Chanel Gutierrez, trustee for the property, is coming back before the board to request an abatement. Chairman Bettor asked if there was anyone representing Chriss E. Marcus; no one came forward. Jimmy Peterman made a motion to deny the abatement. 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 Richard Bettor-yes Jay Hamilton-yes 12) Request for Dismissal - #04-0011 — Joseph Maggi & Sahron J. Maggi — Vacant lot and parking lot of 19 NE 1 Court Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. This was brought before the board on 3/01/04 for 3 violations. The board issued an order giving the defendant 60 days to comply or a fine of$200.00 per day. The defendant had notified the city that they no longer own the property. The city had verified this information through Ryan & Ryan's office by Josh Pinsky, Esq. Mr. Johnson asked for a dismissal. Tim McLeod made a motion to dismiss the case. The motion was seconded by Judy Jensen and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Jay Hamilton-yes 13) 404-0052 J. & J. Properties of Broward Inc. 34 SE 1 Avenue Lot N 2 Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, Dania Beach Code Board Summary Minutes 10 May 3,2004 AGENDA REQUEST FORM CITY OF DANIA e� 3 • Date: 7/12/04 Agenda Item #: Title: Request for Abatement Requested Action: Request for Abatement of Code Enforcement lien —CEB99-0334 - E. R., Mariza and Marcus Santoni—25 SW 12 Street, Dania Beach Summary Explanation & Background: This property was cited on July 06, 1999 for four building code violations for an illegal conversion of a duplex into a triplex and given 10 days to comply. The owners did not comply and were brought before the Code Board on October 11, 1999. The board issued a final order giving the defendants 60 days to comply or a fine of$25.00 per day would be levied. The compliance date was 12/25/99 and they did not comply until 4/21/04. The fine ran from 12/25/99 to 4/21/04, 1,579 days @ $25.00/day = $39,475.00 plus $100.00 recording fee = $39,575.00 owed. The fine was confirmed on 2/07/00. The Code Board is recommending abatement to $5,000.00 because Marcus Santoni was not living at the property at the time and his mother did not understand the notices being sent. Also, there was proof that at least some of the work was done in June, 2000 and there was testimony from Mr. Santoni that the property was a triplex when he purchased it. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending the request for abatement to $5,000.00. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter. (4) Copy of minutes from the 10/11/99, 2/07/00 code board meetings and a copy of the drafted (unapproved) minutes from 6/07/04 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 abatement to $5,000.00 because owner, Marcus Santoni,was not living at the property at the time and his mother did not understand the notices being sent. Also, there was proof that at least some of the work was done in June, 2000 and there was testimony from Mr. Santoni that the property was a triplex when he purchased it. 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 CEB99-0334 E. R., Mariza & Marcus Santoni 25 SW A Street DATE: June 30, 2004 This was originally heard by the code board on 10/11/99 for 4 violations. A final order was issued giving the defendants 60 days to comply or a fine of $25.00 per day would be levied. The compliance date was 12/25/99 and they did not comply until 4/21/04. The code enforcement board, after hearing testimony on 6/07/04, decided by unanimous vote to recommend abating the lien to $5,000.00 because the owner, Marcus Santoni, was not living at the property at the time and his mother did not understand the notices. Also, there was proof that at least some of the work was done in June of 2000 and there was testimony by Mr. Santoni that the property was a triplex when he purchased it. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Bettor, Chairman RB/gb PREPARED BY: I � ll� l� � 4, TIMOTHY M. RYAN, ESQ. 11 q AA U 11IN Special City Attorney City of Dania Beach INSTR # 100066695 700 East Dania Beach Boulevard OR BN 30259 PG 0318 Dania Beach, Florida 33004 RECORDED 82/15/2N8 11:26 AN COMI5SION RETURN TO: BRURD CLUM MARIE JABALEE DEPUTY CLERK 1816 Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, this 3/ st of , 2000. day CITY OF DANIA BEACH By: ARIE JABALE Finance Director File: CEB 03 �j OR BK 30259 PG 0319 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB99-0334 municipal corporation PLAINTIFF, FINAL ORDER vs. E. R., MARIZA, AND MARCUS SANTONI DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 11, 1999, after notice. Upon evidence presented by the Building Official, Kenneth Koch, the Board finds that a. The board has jurisdiction of the defendants and the subject matter of this action; and b. Defendants, E. R., Mariza and Marcus Santoni, did allow the following code violations to exist at 25 SW 12 Street, Dania Beach, FL Which property is legally described as: NORTH HOLLYWOOD 4-1 B LOT 14 BLK 46 ( # 1203-10-6210): OR BK 30259 PG 0320 FINAL ORDER CEB99-0334 PAGE 2 1. National Electrical Code Section 400-8, Wiring. Failure to hire electrical contractor to obtain a permit to replace improper wiring with approved materials and receive approved inspections. 2. South Florida Building Code 4601, Plumbing Permits Required and South Florida Building Code 4614.17, Safety Devices. Failure to remove kitchen sink and have plumbing contractor obtain permit to install water heater and temperature and pressure valve or remove water heater. 3. South Florida Building Code 4703, Gas permits required. Failure to remove gas stove and gas line. 4. South Florida Building Code 301(a), Permits Required. Failure to remove wall between kitchen and living room. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, E. R., Mariza and Marcus Santoni: (a) have been found to be in violation of the above described code sections listed in paragraphs (1) through (4). A fine of$25.00 per day will be imposed 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 defendants, E. R., Mariza and Marcus Santoni, for the foregoing violations listed in paragraphs (1) through (4), a fine of $25.00 per day, to be imposed 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 defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendants have complied. Said fine shall constitute a lien upon the real property and personal property of the defendants. In the event this Final Order is filed/recorded as a lien, a charge of $55 will be imposed. In the event a Lien satisfaction has to be prepared, a charge of $45 will be Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 "- FINAL ORDER OR BK 30259 PG 0321 CEB99-0334 PAGE 3 imposed. ORDERED at Dania Beach, Broward County, Florida, this 11th day of October, 1999. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By. Richard Bettor, Chairpers n Date signed: 10 1l0 /019 Sworn and subscribed before me this day of i� Q,�1 1999. 0 NOTARY PUBLICS ATE OF FLORIDA Richard Bettor is personally known to me. uF ,i�l IdJTARY SEAL O1P(ZY p�eli MORIA J BRAN0£S COMMISSION NUMBER Q cC82SM MY COMMISSION E-*IRFS FOF F-d MAY 10,2003 Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER OR RK 30259 PG 0322 CEB99-0334 PAGE 4 CERTIFICATE OF SERVICE i CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, E. R., Mariza and Marcus Santoni, this ;7 day of 1999. CERTIFIED MAIL Z 352 736.480 2[ CODE ENFORCEM T BOARD CLERK 4RYAN, FORM ND CORRECTNESS L CITY A ORNEY Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 MIN e (1 f 9 73 Receipt,for Ce`Ft�,i red Mails No Insurance Coverage Provided; Do no`'use for.lntemational Mail(See -rre�v S et Number P Off e, atet 8 ZIP �e ' C&4 Q; Spec I very Fe@� Restn D ery;Fe LO Retum,RBt,ShoHan * r Whom 8 Date 7 ! a Retum'gkeipt, j'. ig ro Whom, a Date,&Addressee's Address .; O TOTAL Postage&Fees cc f M PostmarkorDate LL C( DE EFQRCEMENT �., •. ' ;dam v,a.�, �.+ - _ P 0 ® Complete items 1 2,`and 3 Also complete A., ved by(Please P.not GI )• ��r fiery. item"4 if Restricted Delivery is:desired.;°" m Print your name and"address'on the reverse , so that we can;return the card to you:. C Signa re. • s Age ® Attach this`card to the,back of the mailpiece X or on the front if space permits. 1,` res Is delivery address different frorri ite 1. Article Addressed to:,-' If YES,enter.detiveryaddress 64 t rn �Vi 3. Se ice Type- / Certified Mail _❑Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes. 2. Article Number(Copy from service label) 35� -p33 t PSiForm 3811,July 1999' I i; s I i i Domestic;Return Receipt 102595-99-M-17e9 PREPARED BY: TIMOTHY M. RYAN, ESQ. Special City Attorney I�STR � �®®������ City of Dania Beach 700 East Dania Beach Boulevard OR BX 30323 PG 0011 Dania Beach, Florida 33004 RECORDED 03/19/20 &34 PA ISSION RETURN TO: BMM CITY MARIE JABALEE DEPUTY 1016 Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, this / S� day of ��c , 2000. CITY OF DANIA BEACH By• MARIE JABA E Finance Director File: CEB r, OR BK 30323 PG 0012 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB99-0334 Municipal corporation PLAINTIFF, FINAL ORDER vs. E.R., MARIZA AND MARCUS SANTONI DEFENDANTS 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 Building Official, Kenneth Koch, on the City's Motion to Confirm Fine held on the 7th day of February, 2000, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 26th day of October, 1999, a Final Order in the above captioned case commanding the defendants, E. R., Mariza and Marcus Santoni, to bring the violation specified in said Final Order into SUPPLEMENTAL ORDER CEB99-0334 OR BK 30323 PG 0313 compliance on or before the 25th day of December, 1999, or pay a fine in the amount of$25.00 per day for each day of non compliance thereafter. 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: NORTH HOLLYWOOD 4-1 B LOT 14 BLK 46 (Folio# 1203-10-6210). 3. That the Defendants, E. R., Mariza and Marcus Santoni, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendants, E. R., Mariza and Marcus Santoni, shall comply with said Final Order. Upon complying, the defendants shall notify the City's Code Enforcement Department and an officer will inspect. the property and notify the Code Enforcement Board whether defendants have complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendants. DONE ANP ORDERED at Dania Beach, Broward County, Florida, this Day of , 2000. DANIA BEACH CODE ENFORCEMENT BOARD By: Beulah Lair, Vice Chairman Sworn to and subscribed before me this aV day of , 2000 By Beulah Lair, who is personally known to,me. NOTARY PUBLK, STATE OF FLORIDA COMMISSION MMUR CC8284W 2 �f p1 MY COMMISSIONEMAES MAY 10 SUPPLEMENTAL ORDER OR BR 30323 PG 0814 CEB99-0334 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, E. R., Mariza and Marcus Santoni, this _�_day of , 2000. CERTIFIED MAIL# Z 243 148 929 CODt ENFORC NT BOARD CLERK APPROVED TTO FO M AND CORRECTNESS TIMOTHY RYAN, SP CIAL CITY ATTORNEY 3 Z 243 ,148 r:,"929,.e. US _ R.ecei;pt;for Certified Mail;. No InsurancetCoyerage Provided. Do no(.use forintemational Mail See:re e Soritio` Sir t& U er / OJT o t Office,State;&ZIP Le . 3300 Postage: Cergmd�Fea + o Q Special Delivery �Ey vt� Restricted Delivery ro Retum Receipt Showing to; +' Whom.&Date Delivered,,,,,:. +�' a Retum Receipt Showing to Whom,' Q Date;&Addressee's Address TOTAL•postage&Fees ri ,,$2 Postmark or Date o L CAy EVENT a li Complete`items 1' 2 and 3-Also Complete ,. A R ived by,(Pfease PrintClearly),� B. Date of Delivery item 4,ifRestncted Delivery,is desired name,and address on the reverse;' ® Pnnt your_, , so that we can return the card to you C ature ; ® Attach this card to the back of the mailPiece, �, ❑Agent , or on the front if space`permits.. ❑``Addressee Is de fiver(e re event from item 1? .❑Yes 1. Article Addressed'to YES;enter deli ery address below: ❑ No +` 3 3. SeryjCe Type h Certffied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise j ❑ Insured Mail ❑ C.O.D. { 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from s rvice 1abqV : PS,Form 3811;Juiy 1999 t s; Domestic Return Receipt 102595-e9-M-17e9 j s , 1'. Wear&/' FLORIDA 07/06/99 7141/? p E .R. ,MARI ZA & MARCUS SANTONIe� 25 SW 12 STREET DANIA, FL 33004 ,� n����,k RE . FILE 99-1468 f�s�J�eJC LOCATION: 25 SW 12 ST c,� FOLIO 1203-10-6210/ / / c LEGAL DESCRIPTION BEING: ' � 5 � NORTH HOLLYWOOD 4-1 B LOT 14 BLK 46 Dear E.R. ,MARIZA & MARCUS SANTONI : You are notified that you are presently in violation of the following Code of Ordinances, City of Dania, Florida. VIOLATION OF NATIONAL ELECTRICAL CODE SECTION 400-8 , WIRING. PROBLEM DESCRIPTION: CORDS BEING USED INSTEAD OF HARD WIRING. ROMEX WIRING USED INSTEAD OF WATERPROOF WIRING AND FIXTURES . REMEDY: HIRE ELECTRICAL CONTRACTOR TO OBTAN PERMIT TO REPLACE IMPROPER WIRING WITH APPROVED MATERIALS. OBTAIN APPROVED INSPECTIONS. VIOLATION OF SOUTH FLORIDA BUILDING CODE 4601, PLUMBING PERMITS REQUIRED AND SOUTH FLORIDA BUILDING CODE 4614 . 17 , SAFETY DEVICES . PROBLEM DESCRIPTION: WATERHEATER AND KITCHEN SINK INSTALLED WITHOUT PERMIT OR INSPECTION. TEMPERATURE AND PRESSURE VALVE DOES NOT EXTEND TO EXTERIOR OF BUILDING. INSTALLATION CREATES A THIRD DWELLING UNIT. REMEDY: REMOVE KITCHEN SINK. HAVE PLUMBING CONTRACTOR OBTAIN PERMIT TO INSTALL WATERHEATER AND TEMPERATUVE AND PRESSURE VALVE OR REMOVE . VIOLATION OF SOUTH FLORIDA BUILDING CODE 4703 , GAS PERMITS REQUIRED. PROBLEM DESCRIPTION: GAS LINE INSTALLED FOR GAS STOVE . INSTALLATION CREATES A THIRD DWELLING UNIT. REMEDY: REMOVE GAS STOVE AND GAS LINE . VIOLATION OF SOUTH FLORIDA BUILDING CODE 305 . 2 , PERMITS REQUIRED . PROBLEM DESCRIPTION: INTERIOR WALL INSTALLED CREATING A THIRD DWELLING UNIT. REMEDY: REMOVE WALL BETWEEN EXISTING KITCHEN AND LIVING ROOM. "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us You are required to correct the violation and call for a re-inspection by 07/16/99 Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the above violation, please do not hesitate to contact me . l � KENNETH KOCH BUILDING OFFICIAL I certify that an original hereof was furnished to the above named addressee by: _X_ Certified Mail Z 424 986 130 Gloria Brandes . Z _4=, /� (� US Postal Service %��1 T�� Receip(,for Certified Mail7 No Insurance Coverage Prowled. Do notuse for International Mail Seerev rse i nt t reet&r umber Post);ffice,"State,&ZIP Code Af 3 Postage r $• Certified Fee 'Special Delivery Fee = " Restricted Delivery,Fee rn rn Return Receipt Showing to Whom&Date Delivered. Q Relum St o"vN to Whom ess T L Posta F ostmV oil pE ORCEM"ENT SENDER': I t . t ! .:# ►t 3 i r 3 1 1 also WIsh to receNe the fptlover in 0 Complete items 1 and/or 2 for additional services 1 I . f f: "s ' i ' H - Completeitems 3,�4a,and 4b, ^. Ing S@fvtC2S(fOf an;@Xtfa feE)i I' >." ❑Print your name and address on the reverse of this form so that we can return this . card to your " a ❑Attach this form to the front of the mailpiece;or on the back if space does not" �' AddfeSSee'S Address. " a d pennd. ' 2: ❑ Restricted Delivery ❑WritEi'Return ReceipfRequested'on the maiipiece below-the'article number. _ ❑The Return Receipt will show to whom the articld'w6k delivered and the date O - delivered:;..'; " ° .3.Article Addressed to: t 4a.Article Number y u 4b.Service Type ❑ Registered Certified w ,5 ✓ �a 57 ❑ Express Mail. p Insured' G ❑ Return Receipt for Merchandise ❑CO 7.Date of Delivery ' z ¢ J D 5.Received B : ( 'nt Name) w 8.Addressee's Address(O ly if re ue to and fee is paid) T6.Signa a ee or,Age` set of plans that are in process for permit can be in a presentable fashion to obtain building permits from the City. The issue that is out of their hands as far as the timeframe is with DNRP. There is a septic tank on the site and he has heard figures in excess of$130,000 to tie into the sewer and do a lift station. He said they are going to go through the variance procedure that DNRP offers for situations such as this. Mr. Zweig said he had a meeting with DNRP and there are cases where variances have been granted and that is what they are trying to do. This owner will be able to tie his plumbing system into the existing septic tank. He said they would comply with all other issues, which is what Mr. Koch is looking for. The DNRP issue may not have been completed within that 45-day period. Beulah Lair asked if the occupational license depended upon the 45 days. Mr. Zweig said the 45 days was needed to obtain the building permit and then obtain building inspections, they would need additional time. Mr. Zweig said they could not get the permit and inspections within 45 days. He will be taking over work that has been begun but not completed, plumbing, electrical, drywall, concrete etc. Right now the goal is to get the permit and finish the work and get the C. O. Beulah Lair asked if 60 days would be sufficient. Mr. Zweig said 60 days would be better. It was on motion of Beulah Lair, seconded by William Sargent, to adopt the findings of fact by Building Official, Ken Koch, move to find the violation exists as charged and that the violator be given 60 days to comply, thereafter a fine of$100.00 per day shall be levied. Mr. Zweig said the 60 days would not be sufficient time to get the DNRP issued resolved. Mr. Ryan said that is to be weighed against allowing someone to operate without having an occupational license. These are the two things we are considering here. He is asking for time to get approval from another agency but at the same time he wants to continue to operate within the city without an occupational license. Mr. Zweig said they may have it all taken care of within 90 days, he cannot commit on behalf of DNRP. Mr. Bettor said the only thing that can be done is they can come back and ask for more time. Mr. McCleod said they cannot grant time to operate without a license and Mr. Bettor said he felt they should not be operating at all. Mr. Ryan said we are not authorizing him to operate without a license but we have a determination that operating improperly and we are going to fine him as a result of that if he does not get his occupational license within 60 days. That is the motion that is before the board. The motion carried on the following roll call: William Sargent—yes Richard Bettor—yes Judy Jensen — yes Beulah Lair— yes Pat Flury —yes Tim McCleod — yes 23. CEB99-0334 E. R., MARIZA AND MARCUS SANTONI 25 SW 12 STREET DANIA, FL 33004 DANIA BEACH CODE ENFORCEMENT BOARD 32 OCTOBER 11,1999 VIOLATION OF NATIONAL ELECTRICAL CODE SECTION 400-8, WIRING. PROBLEM DESCRIPTION: CORDS BEING USED INSTEAD OF HARD WIRING. ROMEX WIRING USED INSTEAD OF WATERPROOF WIRING AND FIXTURES. REMEDY: HIRE ELECTRICAL CONTRACTOR TO OBTAIN PERMIT TO REPLACE IMPROPER WIRING WITH APPROVED MATERIALS. OBTAIN APPROVED INSPECTIONS. VIOLATION OF SOUTH FLORIDA BUILDING CODE 4601, PLUMBING PERMITS REQUIRED AND SOUTH FLORIDA BUILDING CODE 4614.17, SAFETY DEVICES. PROBLEM DESCRIPTION: WATERHEATER AND KITCHEN SINK INSTALLED WITHOUT PERMIT OR INSPECTION. TEMPERATURE AND PRESSURE VALVE DOES NOT EXTEND TO EXTERIOR OF BUILDING. INSTALLATION CREATES A THIRD DWELLING UNIT. REMEDY: REMOVE KITCHEN SINK. HAVE PLUMBING CONTRACTOR OBTAIN PERMIT TO INSTALL WATERHEATER AND TEMPERATURE AND PRESSURE VALVE OR REMOVE. VIOLATION OF SOUTH FLORIDA BUILDING CODE 4703, GAS PERMITS REQUIRED. PROBLEM DESCRIPTION: GAS LINE INSTALLED FOR GAS STOVE. INSTALLATION CREATES A THIRD DWELLING UNIT. REMEDY: REMOVE GAS STOVE AND GAS LINE. VIOLATION OF SOUTH FLORIDA BUILDING CODE 305.2, PERMITS REQUIRED. PROBLEM DESCRIPTION: INTERIOR WALL INSTALLED CREATING A THIRD DWELLING UNIT. REMEDY: REMOVE WALL BETWEEN EXISTING KITCHEN AND LIVING ROOM. Mr. Johnson said the violation is located at 25 SW 12 Street. Service was obtained by certified mail; the return receipt is in file. The property was posted and the Affidavit of Service is also in file. Building Official, Ken Koch, said they visited the property on July 5th and sent the notice out on the 6�h. This visit was as a result of a fire. When they went there they found this had been converted into three dwelling units. This is not zoned for three dwelling units. There is a house and there is a building in the back, that constitutes two dwelling units and it is zoned for duplex. The house had been divided and made into a third unit; there were two units in the house. They closed off a wall between what was the kitchen and the living room and in the living room they put in a sink, a gas stove and a refrigerator making this a third unit. The refrigerator caught fire. What we are looking for is to get this converted back to a single-family dwelling and not a duplex. We have to have the electrical and plumbing contractors fix the violations. The front single family dwelling needs to be broken apart and made into a single unit once again. To this date, Mr. Koch said he has had no contact and there have been no permits issued or re-inspections DANIA BEACH CODE ENFORCEMENT BOARD 33 OCTOBER 11,1999 done. Deborah Santoni and Mariza Santoni came forward and were sworn in. Deborah Santoni is the daughter of Mariza Santoni. Deborah Santoni said her mother purchased the home in 1988 and it was purchased like this. She said her mother was unaware that there were any code violations. She has contracted Robert Fleshman and the wall has already been removed. He is in the process of getting the permits to do all of the work that needs to be done. She said the reason she waited was she had to wait for the insurance check to come in; she did not have the money. Mr. Bettor asked if Mr. Fleshman is a contractor. She said he was. Beulah Lair asked how long they would need. Mr. Koch said the nature of the fire was not that severe. He will need electrical and plumbing permits. The structural work was taking out an infill wall that did not require a permit. The repair work they are going to do otherwise is cosmetic. Mr. Sargent asked about the gas line. Mr. Koch said the plumber would handle the gas line. Mr. Koch said 60 days should be sufficient to get the permits. It was on motion of Beulah Lair, seconded by Pat Flury, to adopt the findings of fact of Building Official, Ken Koch, move that the violations exist as charged and that the violator be given 60 days to come into compliance, thereafter a fine of$25.00 per day shall be levied. The motion carried on the following roll call: William Sargent— yes Richard Bettor—yes Judy Jensen — yes Beulah Lair— yes Pat Flury —yes Tim McCleod — yes 24. CEB99-0287 WILLIAM B. AND DAWN E. CEPEK 4435 SW 26 AVENUE FORT LAUDERDALE, FL 33312 VIOLATION OF SOUTH FLORIDA BUILDING CODE 301(a), PERMITS REQUIRED. PROBLEM DESCRIPTION: CANOPIES AND BUILDING ADDITION DONE WITHOUT A PERMIT. REMEDY: OBTAIN PERMIT OR REMOVE ALL WORK. Mr. Johnson asked that this be continued to the next meeting. Mr. Cepek is going for a site plan review and variance request. It was on motion of Beulah Lair, seconded by William Sargent to continue this case until the next meeting. Mr. William Cepek came forward and was sworn in. He said the Growth Management department has reversed their decision on whether they are allowed in the area that they currently are. He said when he was in front of the code board before they had made the agreement to actively pursue changing that code and they have. It took three months to get the first part changed and they were successful. The second part is another three months. Mr. Cepek asked why he was not being give 90 days. Mr. Johnson said we would hear this again in 30 days. Mr. Cepek said the commission would not even meet for 90 days. Mr. Cepek was told they would meet within the 30-day period. Mr. Bettor told him he could DANIA BEACH CODE ENFORCEMENT BOARD 34 OCTOBER 11, 1999 of Judy Jensen, seconded by Jimmy Peterman, to confirm the fine based on the Affidavit as read by the Building Official. The motion carried on the following roll call: William Sargent —yes Judy Jensen — yes Beulah Lair— yes Pat Flury —yes Jimmy Peterman —yes 5. CEB99-0301 — Mensa Products, Inc. — Confirmation of Fine William Johnson, having previously been sworn, came forward and read the Affidavit of Non-Compliance into the record. He said Mensa Products, Inc. is still in violation because they have not received their Occupational License. They have not passed the required structural, plumbing, electrical and mechanical inspections for their license. It was on motion of Pat Flury, seconded by William Sargent, to confirm the fine based on the Affidavit delineated by William Johnson. The motion carried on the following roll call: William Sargent — yes Judy Jensen —yes Beulah Lair— yes Pat Flury — yes Jimmy Peterman — yes 6. CEB99-0334— E.R., Mariza, and Marcus Santoni — Confirmation of Fine Mr. Koch, having previously been sworn, came forward and stated his Affidavit of Non-compliance shows the case number to be CEB98-0334. The case number was corrected to be CEB99-0334. He then read the Affidavit of Non-Compliance for the board. He said the property is still in violation. Permits have not been applied for nor issued. He asked that the fine be confirmed. It was on motion of Judy Jensen, seconded by William Sargent, to confirm the fine based on the Affidavit read by Ken Koch. The motion carried on the following roll call: William Sargent — yes Judy Jensen — yes Beulah Lair— yes Pat Flury— yes Jimmy Peterman —yes 7. CEB99-0228 — Dania Jai Alai — Request for Abatement Mr. Johnson, having previously been sworn, came forward and said this was originally heard by the Code Board on 4/05/99 for 7 violations. The Board gave the defendant 30 days (compliance date 5/22/99) to correct the first 3 violations or a fine of $50.00 per day, and 180 days (compliance date 10/21/99) to correct the remaining violations. The first 3 violations were corrected by 5/22/99; however, the remaining violations were not corrected until 12/07/99. The fine ran from 10/21/99 to 12/07/99, 47 days @ $50.00 per day = $2,350.00, plus $100.00 recording fees = $2,450.00 DANIA BEACH CODE ENFORCEMENT BOARD 2 FEBRUARY 7,2000 $1,500.00 total. Attorney Schillinger stated that he believes that there should be absolutely no fine whatsoever on the occupational license issue. He said it is his position that the ordinance, and he knows that this is not for the board, but he just wants to put it on the record, that the ordinance that is called "public nuisance" , is unconstitutional because it doesn't have set standards and it leaves up to the opinion of the code enforcement officer from time to time and it can vary as to what a public nuisance is. In this case you had a building that was then under construction that had.some construction debris on it. Attorney Schillinger stated that you know that if you go to any construction site when construction is ongoing your will see construction debris, it's obvious. That doesn't mean that the propert is, quote, a "public nuisance". Chairman Bettor asked to bring it back to the board members and thanked Attorney Schillinger for his represe ttatio .d called for a motion. Chairman Bettor asked if there were any,more questions and Tim McLeod stated yes. Tim McLeod asked Chief Ihsp ctor William S. Johnson for clarification on the violation. There was further discussiond Tim McLeod made a motion to deny the abatements Judy Jensen then stated thatAshe had a NN question. Judy Jensen asked, A6 e,, , Schill* er when did he get involved in the whole scenario. Attorney Schilling stated that he was brought in after the board had issued an order for foreclosure` Jim McLeod motioned again to deny the abatement. Chairman Bettor asked; Chief Inspector William S. r � Johnson if the charges, they occupational, the streetumber or the address number, the landscaping and .for be i�g under construction, were those the 4 charges that are involved in case number 02`3;796. After further discussion, Chief Inspector'William S. Johnson stated yes. Chairman Bettor asked for a second The motion:Nwas not seconded. Chairman Bettor asked for any other motions: After further discussion, Gary Luedtke motioned that the fine be abated to $6,000.00., The motion was seconded by David Nuby and VP: carried on the following roll call:` David Nuby yes ;Tim McLeod-no Judy Jensen-yes Gary Luedtke-yes ,,"=Judith Tulacro-yes Richard Bettor-yes F� 6) Request for Abatement- CEB99-0334-E. R., Mariza, and Marcus Santoni Buildirig Official Kenneth Koch, having been previously sworn in, came forward and"had the following testimony. This case came before the board on October `I1, 1999 for 4 building code violations. The board issued an order giving the defendants 60 days to comply or a fine of $25.00 per day. The compliance date was December 25, 1999, however, they did not comply until April 21, 2004. The fine ran from December 25, 1999 to April 21, 2004, 1,579 days @ $25.00 a day $39,475.00 plus $100.00 recording fee for a total of$39,575.00 owed. The fine was confirmed on February 2, 2000. Chairman Bettor asked Building Official Kenneth Koch what type of building violations were there. Building Official Kenneth Koch stated that it had a little of everything. Mr. Santoni had electrical problems, romex wiring, use of outside Dania Beach Code Board Summary Minutes 5 June 7,2004 instead of waterproof fixture, plumbing problems, water heater, kitchen sink wasn't installed properly, and pressure relief valves weren't properly installed. They created a third dwelling unit inside this place, they had a gas line installed for a gas stove and the bottom line was this was a duplex that they had done an illegal conversion into a triplex. Building Official Kenneth Koch said that what they were looking for at that time was to get them to get permits to take out the work they had done to create the third unit so that we could issue a certificate of occupancy to get it back to a duplex, and it took them that long to comply and to get everything taken care of. Judith Tulacro asked Building Official Kenneth Koch if he understood why,: f they did not have the money or did they just ignore it, in which Building Official Kenneth Koch stated no. Chairman Bettor asked if there was anyone representing E. R., Mariza, and Marcus Santoni. Marcus Santoni" 25 SW,12t" Street, Dania, FL, 33004, came forward and was sworn in. Mr. Santoro said when they bought the property back in 1980 it was already a;,triplex. Wh n the..house caught on fire, which is when they had the violations, they did have the work done. Mr. Santoni stated that at the time he wasn't living at the house°an&his mother couldn't speak English and she didn't know what was going on,,and he wasn't aware of this problem until he tried to;refinance to do some more home improvements and that's when he was aware, of the problem. Mr. Santoni stated that he was never aware of the money they owed to the City of Dania Beach and he was never awareFof°the violations, even,:though the city did send q them the certified mails, he wasn't at th&touse at the time. Mr. Santoni stated that if they were not refinancing they would.lia'"ve never been aware of this problem. Theouse was a tripled when they bought it back in 198 8 and he was never °aware that it wasn'tlegal and he stated that he did remove MA If 11 ,everything-,back in 1999. Mr. Santonithey hired a licensed contractor and he did all the work„and they thought thYproblem was solved. Chairman Bettor asked Mr, Santoro if he had' y,,thin' g to show that they had the work done in 1999."1VIP Santora answered yes he did, but he didn't bring it with him. He said he hadshown\itto; the Inspectors and the inspectors have been to the house and they, did seethat the work has been done. Chairman Bettor asked -.Building Official Kenneth Koch if all the work was permitted. Building Official Kenneth.,Koch stated that he has an electrical permit that was issued in March of 2000 and that work was completed in June of 2000, but the buildmg,and plumbing he shows that those inspections were just performed on April 20t"'�of this year. Judith Tulacro asked Mr. Santoni what happened to the mail that his mother received, didn't she forward it to anybody, or did she just leave it in an envelope. Judith Tulacro stated to Mr. Santoni that you have to sign for these things so you know they are important. Mr. Santoni stated yes, but they were never aware of it until they tried to refinance; that's when they found that the problem was there. Judith Tulacro asked Building Official Kenneth Koch if every thing was in compliance. Building Official Kenneth Koch stated yes, all the issues have been taken care of and all the safety issues have been addressed. The permits are issued, inspected and approved, and it is back to a duplex instead of a triplex. Building Official Dania Beach Code Board Summary Minutes 6 June 7,2004 Kenneth Koch stated that what they were unaware of at what point, it was completely corrected, all they have to go by is the dates that they went out for the re-inspections, which most recently was April 4th. Mr. Santoni stated that he swears that the work was done back in 99, and that as he said before, when they bought the house in 1988 the house was already a three-plex, they never knew that it was against the law, they were never aware of it, it is a family home and it has never been rented. Mr. Santoni stated that he moved back to the house about two years ago, he was living at Sharington Lakes and his mother was living at the house then and they weren't aware of this problem. Chairman Bettor asked if there was any discussion. Judith Tulacro made a motion to abate the amount to half the amount of $39,575.00. Judith Tulacro stated, because they did receive the mail and didn't do anything about it then, and as Building Official Kenneth Koch said; it is not known when it was complete and she feels that it should be abated OM- -"least half the amount. Building Official Kenneth Koch said that,h-e as asking if'Ahere was any way Mr. Santoni can provide any proof that all the work was clone in 1999, if he could, then they could perhaps exend this until next month so that Mr. Santoni can come back and show some proof." Chairman Bettor asked Mr. Santoni if he had a pending loan that was:-pressing him at this point, he suggested to Mr. Santoro"that he come ba&%ext month and hold off on the V„ _... loan. Chairman Bettor asked Mr Santoni if he has,any documentation such as any receipts or signed off permits: Mr. Santoni statedthat he doesn't have any receipts except for the electrical that was,done, and'that work was done back in 1999. Tim McLeod asked. Mr',', Santoni ifhe hired a contractor. Mr. Santoni answered yes. Tim McLeod asked if Mr. Santoni had any proof of paying the contractors: Mr. Santoro answered yes. Chairman Bettor explained to Mr."Santoni that is what they were,asking for, because of all the violations and a $25 OOWa"day,?fine ""it would be best to bring in the proof because it is a largefine. Mr. Santoni stated*that the only proof that he has is from the electrical that was Mdone. Chairman Bettor asked if Mr. Santoni had any q canceled checks or anything, and is he able to go to the bank. Mr. Santoni stated all hehas are the bills from the electrical which they paid out $5,900.00. It was the only thing that required a licensed contractor, the rest they did the work themselves. Mr. Santoni said that the wall was only sheet rock'that was coming down, the sink was removed and the gas pipe was closed. The only proof that he has is for the electrical. Mr. Santoni stated that he did refinance, but the money is held in escrow and his house went up from 64,000 t0`108,000; and his money is held in escrow that he was going to use for home improvements. That's the only thing that is holding up the money for the home improvements. Mr. Santoni said that next month he won't be able to bring in any proof because he doesn't have any and he said that he is telling the truth. Mr. Santoni stated that he is the only person working in his family as a meat manager at a market in which he works to support his 5 dependants and that he was never aware of this problem. David Nuby asked Mr. Santoni if he could bring the receipts in. Mr. Santoni replied that he doesn't have them with him and that he has brought them to the City of Dania. Dania Beach Code Board Summary Minutes 7 June 7,2004 Building Official Kenneth Koch stated, as Mr. Santoni said, the only work that was requiring permitting at the time was the service upgrade to correct the electrical, and there is record of the permit being issued in March of 2000 and inspected and approved in June of 2000. Building Official Kenneth Koch stated that if you were to make the assumption that this was the only permitted work and they did the rest of the work concurrently, you can make an assumption that the work was completed in June of 2000. Tim McLeod asked was it just the electric service or was it that there were no outlets in the walls that he constructed. Building Official Kenneth Koch stated that it was splitting off the service that's why it was as high as he said it was, they had to split it off and go up to third and break it down-to Awo, do some repairs because there was fire damage in there and get rid' of some heavy outlets where they have a washer and dryer and th ngsNo' zthat nature and a new service was installed at the same time Tim McLeod,,asked if the rough electric was all inspected. Building O,fici'al, Kenneth Koch replied yes the contractor was Stevenson Service and:they got all their inspections and they were approved ultimately. Tim McLeod stated that if they4hadgthe rough inspections in 2000 then they couldn't have, done the drywall and had it completed before that. Building Official Kenneth Koch said, exactly, and that he is saying that the electrical was completed",,in June of 2000. Tim McLeod IIII stated that the repairs cod , t,have been donFin '99 and that they were done in 2000. Building Official eiKennethKoch stated that he was saying that the worst case here would be ths,date, absent,anything else that he can provide. �z. Building Official Kenneth Koch said June 1�6 2000 is the date that they can use to run it upto--the date of the board meeting. Tim McLeod asked if he ran it backwards. Building Official Kenneth Koch stated if you ran the date from 12/25/99'to 6/17/00 it"',is going to beabout 180 days. Gary Luedtke stated that it would about$2,500 00. Gary L'uedtke said about $2,500.00. Chairman Bettor asked if they needed a correct number or can they use an approximate eca buse,", can reduce it to what ever they feel is appropriate, they don't have to say O%. Tim Ryan stated that on the amount, if the compliance took lace based upon what;the are showing with the building permit, then the p P Y g gp Y are�talking about somewhere in the of$5,000.00 range. Judy Jensen made a motion to abate to $5,000.00 based on the fact that the gentleman is responsible for his family members and he was not residing in the property at the time when all this was occurring and his mother did not understand' and comprehend the mail and correspondence that she received." Tim Ryan stated that he wanted to add to the motion that they had proof on the permit that at least some of the work was completed in June of 2000 and that in fact, Mr. Santoni's testimony was that it was a triplex, the violations existed at the time that he made the purchase. The motion was seconded by Gary >Luedtke 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 Dania Beach Code Board summary Minutes 8 June 7,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 7/12/04 Agenda Item #: Title: Request for Abatement Requested Action: Request for Abatement of Code Enforcement lien —#02-3796 —Mark Herndon — Property West of 3691 Griffin Road, Dania Beach Summary Explanation & Background: This property was cited on December 3, 2002 for six code violations and given 14 days to comply. The owner did not comply and was brought before the Code Board on February 3, 2003. The board issued a final order giving the defendant 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 3/21/03 and he did not comply until 7/28/03. The fine ran from 3/21/03 to 7/28/03, 129 days @$100.00/day =$12,900.00 plus $100.00 recording fee = $13,000.00 owed. The fine was confirmed on 8/04/03. The Code Board is recommending abatement to$6,000.00 because Mr. Herndon had health problems and the family took corrective action when they found out about the violations and there was construction on the property. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending the request for abatement to $6,000.00. (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 2/03/03, 8/04/03 code board meetings and a copy of the drafted (unapproved) minutes from 6/07/04 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 abatement to $6,000.00 because Mr. Herndon had health problems and the family took corrective action when they found out about the violations and there was construction on the property. 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 #02-3796 Mark Herndon West of 3691 Griffin Road DATE: June 30, 2004 This was originally heard by the code board on 2/03/03 for 4 violations. A final order was issued giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The compliance date was 3/21/03 and he did not comply until 7/28/03. The code enforcement board,.after hearing testimony on 6/07/04, decided by majority vote to recommend abating the lien to $6,000.00 because the owner had health problems and the family took corrective action when they found out about the violations and there was construction on the property. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, affiairman RB/gb PREPARED BY: INSTR#103330351 OR BK 36091 Pages 1706-1710 TIMOTHY M. RYAN, ESQ. RECORDED 09/22/0313:37:48 Special City Attorney BROWARD COUNTY COMMISSION DEPUTY CLERK 1034 City of Dania Beach *10.5 Pages 700 East Dania Beach Boulevard g Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 9 day of September, 2003 CITY OF DANIA BEACH :BY Patricia Varney Finance Director File: CEB 3796 FINAL ORDER 0230-05-0100 .lr CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 3796 municipal corporation PLAINTIFF, FINAL ORDER vs. MARK HERNDON 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, Mark Herndon, did allow the following code violations to exist at property defendant owns located West of 3691 Griffin Rd., Dania Beach, Florida, which property is legally described as: DAVIS ISLES RESUB OF SEC 343-40 B LOT 97 TOGETHER WITH 15 FT STRIP LYING S OF &ADJ TO LOT 97 (#0230 05 0100): 1. Chapter 26, Article IV Section 26-48, 49 & 51. Landscape Requirements. Failure to install all approved landscaping. FINAL ORDER #3796 PAGE 2 2. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove all trash, junk, garbage and all other materials stored on the property. 3. Chapter 22; Streets and Sidewalks; Section 22-1. Buildings to be Numbered. Failure to display address on the building/house. 4. Chapter 15, Section 15-1. Occupational License. Failure to obtain an Occupational License. Operating a business without a valid Occupational License is prohibited. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Mark Herndon: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). 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, Mark Herndon, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come- into compliance with said sections of the City Code upon requested inspection. Upon complying, the defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. If the defendant does not notify the City's Code Enforcement Department, an officer will - not inspect the property and the fines will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fines shall constitute a lien upon the real property and personal property of the defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this �� day of 19Z , 2003. Return to: Macciano Lewis,Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #3796 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: VRichard Bettor, erson Notary Seal: Sworn and subscribed before me this day of 2003. NOTARV PUBLIC A E OF FLORIDA Richard Bettor is personally known to me. F UAL tATAP�Y SEASEAL `*(lY A1eli GLORIA J BRPNDES O Lam• �� COMMISSION NUMBER �r 'tr" O CC828490 MV COMMISSION EXPIRES FOF FVO� ` _!AAY in.20C,i Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #3796 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Mark Herndon, this A day of '.,2���-f , 2003. CERTIFIED MAIL 7002 0860 0000 5818 4593 CODE NFORCE ENT BOARD CLERK APPROV S TO FOR AND CORRECTNESS TIM RYAN, PECIAL CITY TORNEY 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 M trj ►• o CO CO O "q Postage $ - p Q Certified Fee- G `ti ! Return Receipt Fee.. l ti # ostmark t., (Endorsement Required)' cp Restricted Deli, m Fee t (Endorseent RegwredJ 1 Totai Pos�ge&Feea -$ �nj O Sent To ` fZ s: Street AOL No or PO Box No,a L1 t�O /.....' IA 7 • ► ► C ® Complete itemsand 3,Also complete A.:Signature; item 4 if Restncted Delive ry is,desired ® Print your name and address on the reverse ❑Agent X. so that we cari return"the card to you ® Attach this card to the bac t k of the m Re ailpiece Na dresses;'. B ceived liy(Punted me) o or,on the fronf If space permits: ry t. Article Addressed to D. Is delivery address different from dem 1 Tr ❑ If YES,enter delivery address below: No^ ����/`•'��C./ ! � 3. Serv• e Type _ Certified Mail 17 Express Mail 33 3/`f% / /7 ❑Registered ❑Return Recei ❑ Pt for Merchandise J / Insured Mail ❑C.O.O: 4. Restricted Delivery?(Extra Fee _-..._.- ).. ❑Yes 7002 0860 0000 5818 4593 i PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540( PREPARED BY: INSTR#103330352 DR BK 36091 Pages 1711 -1714 TIMOTHY M. RYAN, ESQ. RECORDED 09/22/03 13:37:48 Special City Attorney BROWARD COUNTY COMMISSION EUTY City of Dania Beach D 1P 4 Pa 9esERK 1034 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 9 day of September. 2003 CITY OF DANIA BEACH By: ��1�/•-.�� !/ Patricia Varney Finance Director File: CEB 3796 ORDER IMPOSING FINE 0230-05-0100 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 3796 Florida municipal corporation, Plaintiff, -vs- MARL( HERNDON 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, William Dubisky, on the 4th day of August, 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, Mark Herndon to bring the violations specified in said Final Order into compliance on or before the 21s' day of March, 2003, or pay a fine in the amount of $100.00 per day for each day of non- compliance thereafter. 2. The violation 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: DAVIS ISLES-RESUB OF SEC 343-40 B LOT 97 TOGETHER WITH 15 FT STRIP LYING S OF & ADJ TO LOT 97 (#0230 05 0100) Order Imposing Fine Case#3796 3. Defendant, Mark Herndon, 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 28, 2003, when the Defendant complied with said final order. 5. The fine accrued for a period of 129 days at$100.00 per day for a total fine of $12,900.00. 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 ania Beach, Broward County, Florida, this e ff day of 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson SWORN TO and SUBSCRIB D BEFORE me this day of OVILtdt , 2003 by , who is personally known to me: Notary ublic, Stat of Florida Qt j Btu n'L'3iW DD187280 io.2007 Return to: Patricia Varncy,Finance Director 2 d° City of Dania Beach 100 W.Dania Beach Blvd. Dania Bcach,FI 33004 r r Order Imposing vine Case 43796 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Defendant, Mark Herndon, this day of , 2003, via U. S. First Class mail and U. S. Certified Mail No. 7002 2030 0003 2168 5087. —'_0"A- - WJA�� CODE 6NFORCE ENT BOARD CLERK APPROV AS O FOR ND CORRECTNESS y TIMOTHY M. R AN, SPECIAL ITY ATTORNEY Return to: Patricia Varney.Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Bead,FI 33004 co o s C3 • o , Ln CO a" N"'.Tl SAr ru 1?ostageY $r • 3 1 O Cenifled Fee 4 p Return Rediept Fee / t YPos ' (Endorsement Required) } p a Restricted Delivery Fee [�,� C"?- 'I Q (Endorsement Required) srU 31 y a81 Total Postage&Fees $� ru x p e-n T C3 M1 5`tree; pt Na orPDBarNo �/ / ,� 333Sa 5 s ZLAL 0 0 • a ® Complete Items z1 2 and 3 Also complete A Sig re r s' item 4 tf Restricted Delivery is desired ; ® Print your name and address on the reverse `X e Ag,nt so that we can return the card'to you 'r ` dares ® Attach this card to the back of the malfpiece z B ecerved',by(Punted Name)'; or tir the front If space permits pn, y , i 1 Article Addressed to r' r D Is delivery'°address different from item 17: e11 s'h jl If YES enter delroekry address'below' t NO 4 Sernce Type t , 'Certified Mall U.Express Mail O Registered:, O Retum'Recelpt'for Marchendise ❑Insured Mail,_ p C.O.D: 4:Restricted Deliver ?(Extra Fee) ❑,Yes=~ 7002 . 2030 0003 2168 5087 r PS Form 3811 Au ust 2001 g Domestic Retum Receipt 2ACPRI-03P soar lY r r FLORIDA December 3, 2002 MARK HERNDON Case Number: 02-00003796 4903 SW 51 STREET DAVIE, FL 333145507 Location: WEST OF 3691 GRIFFIN RD Folio: 504230050100 Legal Description: DAVIS ISLES RESUB OF SEC 343-40 B LOT 97 TOGETHER WITH 15 FT STRIP LYING S OF & ADJ TO LOT 97 Dear MARK HERNDON: 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 December 17, 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, W "t's WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5817 9728 by RITA DONNELLY. `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 02-00003796 PROPERTY ADDRESS *UNASSIGNED -------------------------------------------------------------- VIOLATION: CH 26, ART IV SEC26-49, 51 QUANTITY: 1 DESCRIPTION: CH26, ART IV SEC26-49, 51 DATE: 12/03/02 LOCATION: NARRATIVE All approved landscaping must be installed. ORDINANCE DESCRIPTION : Violation of Chapter 26, Article IV Section 26-48, 49 and 51 . Landscape requirements. ------------------- ------------------------------------------- VIOLATION: PUBLIC NUISANCES QUANTITY: 1 DESCRIPTION: CH 13, SEC 13-23 DATE: 12/03/02 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 22, SEC 22-1 QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-1 DATE: 12/03/02 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. -------------------------------------------------------------- VIOLATION: CH 8, SEC 8-22 (A) (3) QUANTITY: 1 DESCRIPTION: CH 8, SEC 8-22 (A) (3) PAINT DATE: 12/03/02 LOCATION: NARRATIVE C Building must be painted and maintained. ORDINANCE DESCRIPTION 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 good state of repair and all V 1VLEil'1VLV Lr:'lAlL PAGE 2 CASE NUMBER 02-00003796 PROPERTY ADDRESS *UNASSIGNED ORDINANCE DESCRIPTION : surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of graffiti, fading paint, discoloration, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. -------------------------------------------------------------- VIOLATION: OCCUPATIONAL LICENSES QUANTITY: 1 DESCRIPTION: CH. 15,SEC. 15-1 . DATE: 12/03/02 LOCATION: NARRATIVE Occupational license must be obtained. ORDINANCE DESCRIPTION : Violation of Chapter 15, Section 15-1 . Occupational Licenses . Operating a business without a valid Occupational License is prohibited. -------------------------------------------------------------- VIOLATION: CH 8, SEC 8-22 (A) (1) (C) QUANTITY: 1 DESCRIPTION: CH 8 , SEC 8-22 (A) (1) (C) DATE: 12/03/02 LOCATION: NARRATIVE The fence on property must be removed or replaced. ORDINANCE DESCRIPTION Violation of Chapter 8, Section 8-22 (a) (1) (c) . Minimum Standards for Commercial, Industrial, and Institutional Structures. Minimum Standards . Maintenance of Exterior of Premises . The exterior of commerical premises shall be kept free of all nuisances and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises . ry ® .•. P . Postage $ i tf O .tt z i gyp• '� Return Receipt Fee ere ti;z, : p (Endorsement Required) z Restneted Delivery Fee � , �� •� (Endorsement Regwn ' 4 Total Postage&Fees RJ E Mark Herndon 4903 SW 51 Street Davie, F1 333145507 �i.........I............ - _- - - ®:'Complete'items,t 2 and 3:Also complete - A. Sign re item 4 rf Restnctedi,Dellvery is desired ❑Agent`a ® Print your name and address on the reverse X „❑`Addressee,; so that we,can return the card to you "Race' ad by(Printetl Name) o Del® Attach this card to the back of the mallplece El or on the front if space permits. iC 1. Article Addressed to: " D. Is delivery address differenYfrom item 1 ❑ s If YES,enter delivery address below:` .No•" Mark Herndon 4903 SW 51 Street Davie, Fl 333145507 s. se ice Type„ IV Certified Mail ❑Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes' �)J 2. 7002 0860 0000 5817 9728 PS;Form 3811 August 2001? ;Domestic Return Heceipr i 102e9e-02-M-1540 Ill Chairman Bettor asked if anyone was present representing Mark Herndon, no response was given. It was on motion of Gary Luedtke, seconded by Judy Jensen to adopt the finding of fact by Code Inspector William Dubisky that the violations exist as charged, and the respondent be given 30 days to bring all the violations into compliance or a fine of$100.00 per day. 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 27. #02-3796 Mark Herndon West of 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 26, Article IV Section 26-49, 51, landscaping violation. All approved landscaping must be installed; Chapter 13, Section 13-23, public nuisance, trash and debris on the property; Chapter 22, Section 22-1, address must be displayed on the building/house; Chapter 8, Section 8-22 A (3), a paint violation; Chapter 8, Section 8-22 (A(1) C, fence violation; Chapter 15, Section 15-1, occupational license. As of today, the property is still in violation of Chapter 26, landscaping has not been done, Chapter 13, miscellaneous trash and debris still remain on property, Chapter 22, the building numbers have not been displayed on the building; and Chapter 15, the occupational license has not been obtained; Chapter 8, fence, and Chapter 8, paint violation has been complied. Mr. Dubisky entered 5 photographs into evidence. First contact was on December 3, 2002. Chairman Bettor asked if anyone was present representing Mark Herndon, no response was given. There was a person who addressed the board, and Josh Pinsky stated that this board was a quasi-judicial hearing where only the defendant gets a chance to speak or a representative of him. It was on motion of Tim McLeod, seconded by Judy Jensen to adopt the finding of fact by Code Inspector William Dubisky that the violations exist as charged, Dania Beach Code Board Minutes 21 February 3,2003 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 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 17) Motion to Confirm - #3794—Mark Herndon-West of 3691 Griffin Rd. Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. Pursuant to the board order, corrective action was to have been taken on or before 3/21/03. The re-inspection of the property on 7/28/03 revealed that the corrective action had been taken, and the property was complied as of that date. Beulah Lair made a motion to confirm the fine. The motion was seconded by Judy Jensen and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 18) Motion to Confirm - 43795—Mark Herndon-West of 3691 Griffin Rd. Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. Pursuant to the board order, corrective action was to have been taken on or before 3/21/03. The re-inspection of the property on 7/28/03 revealed that the corrective action had been taken, and the property was complied as of that date. Judy Jensen made a motion to confirm the fine. The motion was seconded by Beulah Lair and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 19) Motion to Confirm - #3796—Mark Herndon-West of 3691 Griffin Rd. Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. Pursuant to the board order, corrective action was to have been taken on or before 3/21/03. The re-inspection of the property on 7/28/03 revealed that the corrective action had been taken, and the property was complied as of that date. Beulah Lair made a motion to confirm the fine. The motion was seconded by Judy Jensen and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 12 August 4,2003 Attorney Ryan stated that this case deals with a building, an occupational license violation in which the minutes reflected the motion stated that the defendant would have 30 days to commence the proceedings to obtain an occupational license. When the order was entered, the order said 30 days to obtain an occupational license. Attorney Ryan stated because of that difference between the motion and the order and the fact that the defendant did get an occupational license; it's a staff recommendation that this case be dismissed. Judy Jensen made a motion to dismiss case 02-3797. The motion was seconded by David Nuby 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 6) Request for Abatement-402-3796-,Mark Herndon West of 3691 Griffin Road Al Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. This came before the board on 2/03/03 for 4 code violations. The board issued an order giving the defendant 30 days to comply-or a iEne of $100 00':per day would be levied. The compliance date was 3AD/03 afi&they did not comply until 7/28/03. The fine ran from 3/21/03 through 7/28/,0.3 for 129=days @ 100.00 per day totaling $12,900.00 plus 10x0 00 recording fee for a total of$13,000.00 owed. The fine was confirmed on 8/04/03 and the board authorized foreclosure on 4/05/04. AttorneyRyan stateafthat there would be a presentation by the defendant. 3„ Lee Schilling&; attorney.,with offices at 4601 Sheridan Street, Hollywood came forward.` �1�ttorney Schilliriger stated that he has with him 2 of the -1 ., operators and owners of the Living Color Garden Center. Attorney Schillinger stated they are.:requesting that the board abate, there were 4 different charges,,leviedl these lots and they were related to not having an occupational lic 11 ense for a building that was then under construction; not having numbers on the building, houses or street numbers on the building that was still then under construction. Also for not having sufficient landscaping on the propert' hich was then under construction and also the city's catch all ordinance fof public nuisance, because there was some construction material on the site. One of the problems that occurred in this case is a result of the fact that the defendant Mark Herndon, who's Ms. Phyllis Herndon's son, is the owner of the company and he himself has a drug problem unfortunately, and he was operating the business at the time and that apparently affected why there was nobody that appeared the very first time this matter was brought before the board. Because nobody from Living Color Garden Center appeared at the very first hearing, if somebody had appeared at that hearing it would have been brought to the attention of the board that these were charges that were not really appropriate at all. For example, if you look at the occupational Dania Beach Code Board Summary Minutes 3 June 7,2004 license charge, the building was vacant it couldn't be used. You can not legally get an occupational license for a building for which you do not have a certificate of occupancy, and at the time the building did not, was not capable of having a certificate of occupancy. There were additional charges that had been levied against the property such as painting, which was complied with by the time the matter was brought before the board the first time. Attorney Schillinger stated that there was one other matter that had also been complied with, it had to do with a fence. The fence was removed because when the owners and operators of the property saw that there was a fine they did start taking action and they contacted a contractor, and they,have submitted in this motion an affidavit from the contractor. Frankly what happened is Mr. Herndon thought that the matter was being handled;by the contractor, and so the matter was brought before the board and,unfortunately the staff didn't bring to the boards attention that what it wasdoing was making charges that were impossible by fact and law to complywith. Attorney Schillinger stated that they are asking that there be an abatement in which there are 4 different charges. The occupational license charge they, are asking thau be abated to zero. Attorney Schillinger said'the reason why,,,is because the"fine is for actually not violating the law, you could not possibly get an occupational license. It was impossible to perform, and so't couldn't be a violation of the law if you didn't get an occupational license because you didn't have a CO yet. As far as the landscaping,�the landscaping normally is one of the last things that's done in a construction ;project, because if you are doing construction you don't want to"tear down thelaridscaping that's put up. And so, what happened is;the board%initially said ok we are giving you 30 days to comply with it. Well," there was more than 30 days worth of construction that had to:be done. It took until July; it took from March to July for the work to be completedi„ Attorney,";,Schillinger "said the fact is that the Herndon's, the Herridonjamily,,;did become adti ely involved after they realized that there was a problem. Attorney Schillinger stated that what happened was that no body appeared.for the first,notice an order was sent out. It was that order that brought this matter to their attention. For example, the order from the Nichols case; they immediately went out and applied for an occupational license on t1i Nichols property. Attorney Schillinger stated as you have heard the minutes:sshowedthat's what the motion had been, the motion had been to give them 30.days:to apply for it and that is exactly what they did. Attorney Ryan interjected,. and informed Attorney Schillinger that that case had been dismissed. Attorney Schillinger then stated that he way trying to show that the Herndons were in fact not ignoring this, they weren't ignoring these issues. They were doing what they could possibly do within the time limit that was reasonable. Attorney Schillinger said that they have submitted the building permit cards as part of their motion to show that it was in July that they got their final CO, and they have numbers on the building and they complied. July is when the staff reported ok they are in full compliance. But it had taken all that time. Attorney Schillinger suggested that if the board is going to reduce it not to zero, then it should be reduced to somewhere around a $1,000.00 to Dania Beach Code Board Summary Minutes 4 June 7,2004 $1,500.00 total. Attorney Schillinger stated that he believes that there should be absolutely no fine whatsoever on the occupational license issue. He said it is his position that the ordinance, and he knows that this is not for the board, but he just wants to put it on the record, that the ordinance that is called "public nuisance" , is unconstitutional because it doesn't have set standards and it leaves up to the opinion of the code enforcement officer from time to time and it can vary as to what a public nuisance is. In this case you had a building that was then under construction that had some construction debris on it. Attorney Schillinger stated that you know that if you go to any construction site when construction is ongoing you will see construction debris, it's obvious. That doesn't mean that the property tiffs, quote, a "public nuisance". Chairman Bettor asked to bring it back vto the board members and thanked Attorney Schillinger for his representation ,and called for a motion. Chairman Bettor asked if there were any more quests@s and Tim McLeod stated yes. Tim McLeod asked Chief Inspector William S. Johnson for clarification on the violation. There was further discussion.and Tim McLeod made a motion to deny the abatements,Judy Jensen then stated that she had a question. Judy Jensen asked, Attorney,,;Schillinger when did he,get involved in the whole scenario. Attorney Schillinger stated that he was brought in after the board had issued an order for foreclosure Tim McLeod motioned again to �l deny the abatement. Chairman Bettor asked, Chief Inspector William S. Johnson if the charges, the occupational, the street number or the address number, the landscaping andfor being under construction, were those the 4 w,. charges that are involved in case numbe' N3796. After further discussion, Chief InspectoRWilliam S. Johnson stated yes. Chairman Bettor asked for a 3,r second. The motion;.was not seconded. Chairman Bettor asked for any other motions. After further discussion, nary Luedtke motioned that the fine be abated to $6,000 00 The motion was seconded by David Nuby and carried,,on the following-roll call!" David Nubyyes Tim McLeod-no Judy Jensen-yes Gary Luedtke yes Judith Tulacro-yes Richard Bettor-yes 6) Request for Abatement- CEB99-0334-E. R., Mariza, and Marcus Santoni I Building,,Official Kenneth Koch, having been previously sworn in, came forward and'-had the following testimony. This case came before the board on October 11, 1999 for 4 building code violations. The board issued an order giving the defendants 60 days to comply or a fine of $25.00 per day. The compliance date was December 25, 1999, however, they did not comply until April 21, 2004. The fine ran from December 25, 1999 to April 21, 2004, 1,579 days @ $25.00 a day $39,475.00 plus $100.00 recording fee for a total of$39,575.00 owed. The fine was confirmed on February 2, 2000. Chairman Bettor asked Building Official Kenneth Koch what type of building violations were there. Building Official Kenneth Koch stated that it had a little of everything. Mr. Santoni had electrical problems, romex wiring, use of outside Dania Beach Code Board Summary Minutes 5 June 7,2004 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 #02-3531 Merrill Industrial Center Inc. 3406 SW 34 Court, Bldg. C DATE: July 7, 2004 This was originally heard by the code board on 4/07/03 for 1 violation. A final order was issued giving the defendants 30 days to comply or a fine of $50.00 per day would be levied. The compliance date was 5/24/03 and they did not comply until 6/21/04. The code enforcement board, after hearing testimony on 7106/04, decided by majority vote to recommend abating the lien to $1,000.00 because the owner of Merrill Industrial Center Inc. was deceased and the notices were being sent to the deceased owner, they were having routine landscape services being furnished and the property manager had the mailing address for future notices changed with the Property Appraiser's office. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD is and Bettor, Chairman RB/gb AGENDA REQUEST FORM CITY OF DANIA Date: 7/12/04 Agenda Item #: Title: Request for Abatement Requested Action: Request for Abatement of Code Enforcement lien —#02-3531 — Merrill Industrial Center, Inc. —3406 S. W. 34 Ct., Bldg. C. Summary Explanation & Background: This property was originally cited on October 11, 2002, for 1 violation and given 14 days to comply. They did not comply and were brought before the Code Board on April 7, 2003 and the board issued a final order giving the defendant 30 days to comply or a fine of$50.00 per day would be levied. The compliance date was May 24, 2003 and they did not comply until 6/21/04. The fine ran from 5/24/023 to 6/21/04, 394 days @$50.00/day = $19,700.00 plus $100.00 recording fee = $19,800.00 owed. The fine was confirmed on 9/08/03. The Code Board is recommending abatement to $1,000.00. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $1,000.00. (2) Copy of the Final Order and Supplemental orders issued by the Code Enforcement Board. (3) Copy of the original violation letter. (4) Copy of minutes from the 4/07/03 and 9/08/03 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 to $1,000.00 because the owner of Merrill Industrial Center Inc.was deceased and the notices were being sent to the deceased owner, they were having routine landscape services being furnished and the property manager had the mailing address for future notices changed with the Property Appraiser's office. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk INSTR#103467769 OR BK 36383 Pages 771 _775 PREPARED BY: RECORDED 11/06/03 10:59:11 BROWARD COUNTY COMMISSION TIMOTHY M. RYAN, ESQ• DEPUTY CLERK1033 Special City Attorney #14,5 Pages City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 6 day of October, 2003 CITY OF DANIA BEACH By: Patricia Varney Finance Director File: CEB 3531 FINAL ORDER 0220-12-0030 I � O 1 r , CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 3531 Municipal Corporation PLAINTIFF, FINAL ORDER vs. MERRILL INDUSTRIAL CENTER INC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on April 7, 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, Merrill Industrial Center Inc. did allow the following code violation to exist at property Defendant owns located at 3406 SW 34 Court, Building C, Dania Beach, .Florida, which property is legally described as: LAKEVIEW VILLAGE ADD 47- 32 B & MERRILL PLAT 138-49 B A POR LOTS 2,3,4,5 BLK 2; ALL OF LOTS 6 & 7 BLK 2, POR L 10 BLK 3 ALL OF LOT 11 BLK 3 OF SAID PLAT TOG WITH POR SW 25 AVE ADJ TO SAID BLKS (VACATED) & ALSO TOG WITH POR PAR A OF SAID MERRILL PLAT DESC'D AS: COMM NW COR L 13, BLK 1; E 125, S 10, E 253.88 TO POB E 266.12, N 20, E 265.38, S 179.99 SW 35.36,W 310.18, SWLY 27.65, SWLY 141.37, W 37.43, N 235 TO POB AKA: BLDG C PHASE III (# 5042 20 12 0030): I I i FINAL ORDER # 3531 PAGE 2 1. Chapter 22, Streets and Sidewalks, Section 22-5 (i) d. Failure to have all trees trimmed to a clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street so as to permit pedestrian and vehicular traffic without interference. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Merrill Industrial Center Inc.: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $50.00 per day will 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, Merrill Industrial Center Inc., for the foregoing violation listed in paragraph b.(1), 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 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 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 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. ORD RED at Dania Beach, Broward County, Florida, this c-2 day of , 2003. Return to: Patricia Varney,Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FL 33004 FINAL ORDER # 3531 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By* Richard Bettor, Chairperson Notary Seal: Sworn and subs edbefore me this day of _ 2003. NOTARY PUBLI SATE OF FLORIDA Richard Bettor is personally known to me. R pN, Gloria J Brandes A#y Co"Ussbn D018728p R Expires�4Y 10,2007 i i Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 r FINAL ORDER # 3531 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Merrill Industrial Center Inc., this a`f day of ,C 2003. CERTIFIED MAIL 7002 0860 0005 3714 0263 CODE NFORCE NT WARD CLERK APPROVED TO FO AND CORRECTNESS TIM RYAN, tPECIAL CITY TTORNEY Also sent first class mail a Return to: Patricia Varney,Finance Director City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 I i 4 -13 (( ii iy �cL CC 1/> d W � z V *40 � Qa E t �� � OQ om fid CU L Y > 0 75 co a) o ( co U � �...r. m LL LU M C © m oo p Eii ni 4 ni m O 1 / O Q N • 1 Q N C3 M U M o M cd cd M rn Q �s 8 cnC0a� R, ® CE COD ru La if cc F kn d E920 h'CZE 5000 0990 20U. M N O C. 5v d N U O NZ co • Lz �+ cc 0 0 _,_.. . fit... fNSTR#103467770 OR BK 36383 Pages 776-780 RECORDED 11/06/03 10:59:11 PREPARED BY: BROWARD COUNTY COMMISSION DEPUTY CLERK 1033 TIMOTHY M. RYAN, ESQ. #15,5 Pages Special City Attorney City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 6 day of October, 2003 CITY OF DANIA BEACH By: ��� Patricia Varney Finance Director File: CEB 3531 SUPP.ORDER/CLAIM OF LIEN 0220-12-0030 i i CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #02-3531 Municipal corporation PLAINTIFF, FINAL ORDER vs. MERRILL INDUSTRIAL CENTER INC. DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Gary Phaneuf, on the City's Motion to Confirm Fine held on the 8th day of September, 2003, and based on the evidence, the Board i enters the following findings of fact and order: 1. That the Board did issue on the 24th day of April, 2003, a Final Order in the above captioned case commanding the defendant, Merrill Industrial Center Inc., to bring the violation specified in said Final Order into compliance on or before the 241h day of May, 2003, or pay a fine in the amount of$50.00 per day for each day of non compliance thereafter. i i SUPPLEMENTAL ORDER #02-3531 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: LAKEVIEW VILLAGE ADD 47-32 B & MERRILL PLAT 138-49 B A POR LOTS 2, 3, 4, 5 BLK 2; ALL OF LOTS 6 & 7 BLK 2, POR L 10 BLK 3 ALL OF LOT 11 BLK 3 OF SAID PLAT TOG WITH POR SW 25 AVE ADJ TO SAID BLKS (VACATED) &ALSO TOG WITH POR PAR A OF SAID MERRILL PLAT DESC'D AS: COMM NW COR L 13, BLK 1; E 125, S 10, E 253.88 TO POB E 266.12, N 20, E 265.38, S 179.99 SW 36.36, W 310.18, SWLY 27.65, SWLY 141.37, W 37.43, N 235 TO POB AKA: BLDG C PHASE III (# 0220 12 0030). 3. That the Defendant, Merrill Industrial Center Inc., did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, Merrill Industrial Center Inc., shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND(QRDEREP at Dania Beach, Broward County, Florida, this Day of , 2003 . { DANIA BEACH CODE ENFORCEMENT BOARD By: r-- Richard Bettor, dhairman Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #02-3531 Sworn to and subscribed before me this f q day of ,2003 By Richard Bettor, who is personally known to me. . ( [L"� �' NOTA PUBLIC VFAT OF FLORIDA �,►''°, , CWM W oo,eraso ►war MM1 I i Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 i SUPPLEMENTAL ORDER #02-3531 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Merrill Industrial Center Inc., this day of 2003. CERTIFIED MAIL# 7002 2030 0003 2168 5797 CODE Et4FORCEMOT EfOARD CLERK APPROV S TO FO AND CORRECTNESS J TIMOTH M. RYAN, SPEC L CITY ATTORNEY Also sent regular mail Return to: Patricia Varney 4 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 { 0 CYY rr riKb nu nYK . y � I � I 0 (V i tIJ z U W U c� cn cl � Qw a ao 3 � V a0 0 L r j CO N :3 ce) F i m LL :" t6cc © m o Q o -E _ D I •tnr-----rrr ic. LO • 'i�3�ilf"3 � C7 [R m n3 O Ln ;y p o U a3 M / m o ct 0 m " 1 o o Q a ' `o Td t?i Q� N � O � O ^fru ® +� IL d V: a .C-1 p1 V o Z o 1 E920 KLE 9000 0990 200Z d " M �- c O ol, c m LL + Y to Z" Q ' C Uc . iliae— fit co ry tea, acncn;. aa R3 mw� o:o FL®RIDA October 11, 2002 MERRILL INDUSTRIAL CENTER INC Case Number : 02-00003531 501 W LAKE DASHA DR PLANTATION, FL 333243005 Location: 3406 SW 34 CT . BLDG.0 Folio: 504220120030 Legal Description: LAKEVIEW VILLAGE ADD 47-32 B & MERRILL PLAT 138-49 B A POR LOTS 2, 3, 4, 5 BLK 2;ALL OF LOTS 6 & 7 BLK 2, POR L 10 BLK 3 ALL OF LOT 11 BLK 3 OF SAID PLAT TOG WITH POR SW 25 AVE ADJ TO SAID BLKS (VACATED) & ALSO TOG WITH POR PAR A OF SAID MERRILL PLAT DESC' D AS :COMM NW COR L 13, BLK 1; E 125, S 10, E 253 . 88 TO POB E 266 . 12, N 20, E 265 . 38, S 179 . 99 SW 35 . 36, W 310 . 18, SWLY 27 . 65, SWLY 141 . 37, W 37 . 43, N 235 TO POB AKA: BLDG C PHASE III Dear MERRILL INDUSTRIAL CENTER INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by October '25, 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 A EUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5818 2728 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 v 1VLJ1 V11 1 1ra1L rH(jL• 1 CASE NUMBER 02-00003531 PROPERTY ADDRESS ------------------------------------------------------------ -- VIOLATION: CH 22 , SEC 22-5 (I) D QUANTITY: 1 DESCRIPTION: CH 22 , SEC 22-5 (I) D DATE : 10/07/02 LOCATION: NARRATIVE All vegetation over sidewalks and streets must be removed at the south side of your property. 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. A 1���N Sri"`• � �, .`.` iL y U` i le � y re cdc A* co �n ►a r., CL di V CC cC o w <� y„ m Q a: m p fU ' U EE E mE �E n N "" ¢� ¢w OL 1 Q2Z2 Q'[85 0000 0990 200L L LL � o 23) Motion to Release a Final Order - #CEB00-0418- Katja Fort -713 SW 3rd Place Attorney Ryan said that the property was foreclosed on and there was a final order,but it never went past the final order because the lien was eliminated. Some title companies would file an action to clear the title and remove the final order. Attorney Ryan said that he spoke to the title company and they agreed to pay $1,000.00 to get the release of the final order. Tim McLeod made a motion, seconded by Beulah Lair, to accept the $1,000.00. The motion carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 24) Request for Reduction of Fine -#02-3664 — Robert II Sheldon Tr Edna B Sheldon Romzek Liv Tr—Vacant Lot North End of 2333 Griffin Road Attorney Ryan stated that this was a request for continuance. Beulah Lair made a motion to continue. Chairman Bettor asked how long would this be continued; and Beulah Lair replied 30 days. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 25) Motion to Confirm Fine - #3531 — Merrill Industrial Center Inc. —3406 SW 34 Court, Bldg. C Code Inspector Gary Phaneuf, having been previously sworn in, came forward and gave the following testimony. Pursuant to the board order, the corrective action was to have been taken on or before 5/24/03. The re-inspection of the property on 9/08/03 revealed that the corrective action had not been taken. The trees on the sidewalk has not been trimmed at the minimum of eight feet, which is a violation of Chapter 22, Section 22-5 (I)D. The Affidavit of Non-Compliance is on file. Beulah Lair made a motion to confirm. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 26) Motion to Confirm - #CEB-3140 — Brian Richard Mathiasen — 4500 SW 34 Avenue Code Inspector Gary Phaneuf, having been previously sworn in, came forward and gave the following testimony. Pursuant to the board order, the corrective action was to have been taken on or before 3/21/03. The re-inspection of the Dania Beach Code Board Summary Minutes 18 September 8,2003 22) #3531 Merrill Industrial Center Inc. 3406 SW 34 Court,Bldg. C Ft. Lauderdale, FL 33312 Code Inspector Gary Phaneuf,having been previously sworn in, came forward and submitted five 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 22, Section 22-5 (I)D, failure to maintain tree branches trimmed at least eight feet above the sidewalk. As of today, the property is still in violation of Chapter 22,the tree branches are still encroaching into the pedestrian right of way. The first contact was 10/11/02. Chairman Bettor asked if there was anyone representing Merrill Industrial Center; no one came forward. It was on the motion of Jimmy Peterman,to adopt the finding of fact by Gary Phaneuf, move to find the violation exist as charged, move the violation be given 30 days to comply or a fine of$50.00 per day thereafter. The motion was seconded by Tim McLeod and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 23) #4143 Real One Inc. 850 NW 3 Terrace Dania Beach, FL 33004 Code Inspector Eric Baker, having been previously sworn in, came forward and submitted six 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 13, Section 13-23, Public Nuisance, trash and junk on the property. As of today, the property is still in violation of trash and junk. The first violation was 2/20/03. Chairman Bettor asked if there was anyone representing Real One Inc.; no one came forward. It was on the motion of Gary Luedtke, move that notice was properly served,to adopt the findings of fact of Officer Eric Baker, move the violations exist as charged,that the violator be given 30 days or a fine of$75.00 per day thereafter. The motion was seconded by David Nuby and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 14 April 7,2003 s July 19, 2004 Nigel Joseph Williams c/o Jocelyn Jones, P.O.A. 6861 N. W. 44 Court Lauderhill, Fl 33319 Re: Case # CEB00-0668 Address: Vacant Lot 200 Block NW 1 Avenue, Dania Beach, Fl Dear Nigel Joseph Williams: Please be advised that you are scheduled on July 29, 2004, at 6:00 p.m., at Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida, to address the City Commission on your request for abatement of the above-referenced Code Enforcement Board lien. We would like to clearly state that your request for abatement of these liens in no way represents a guarantee of a part or full waiver by the City Commission. Please be prepared to make your comments brief and to deal only with your reasons for requesting the abatement of the lien. Sincerely, Gloria Brandes Code Enforcement Board Clerk In accordance with the.Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact Louise Stilson, City Clerk, at 100 West Dania Beach Boulevard, Dania Beach,Florida 33004 (954)924-3622 not later than two business days prior to such proceeding. Certified Mail 7002 2030 0003 2169 5628 Also sent regular mail OCKY IMPORTANT: If you are looking to purchase this property,the tax amount shown may have no relationship to the taxes you will pay. O� � ��, Please use our Tax Estimator to determine a more likely estimate of PROPERTY APPRAISER your new amount. � EgbiC33 S 14 X� 'NIiFW 4 f► PRINT CH �ICP� 630141$ Site Address ID# 5042 34 010110 Property Owner MCCUTCHEON,IVORY &MCCUTCHEON,S%ARTHUR Millage 0443 FRANCIS Use 10 Mailing Address PO BOX 637 DANIA FL 33004-0637 Fg eal TOWN OF DANIA B-49 D LOT 1 BLK 2 escription Property Assessment Values Year Land Building Land Value AG Total Tax Current $ 19,460 $ 19,460 2003 $19,460 $ 19,460 $496.59 2002 $16,920 $ 16,920 $430.40 Save Our Exemptions Home Value Type 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 Light Drainage Improvement Safe Q4 DS A IDS 12 0 Please Note:Assessed values sho vr,are NOT ccrlified values and are subject to change before final certification for ad vaiorern ta>.purposes. http://www.bcpa.net/Includes/Inc—Recfnfo.cfm 5/26/2004 11.9 Request by Ivory and S. McCutcheon for abatement of CEB00-0668 for vacant property locatec 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 1st Street property. MINUTES CITY OF DANIA BEACH 92 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 CITY OF DANIA BEACH INTEROFFICE MEMORANDUM TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director, Growth Management Department FROM: William Johnson, Chief Zoning/Code Inspector RE: Request for Abatement Ivory & S. McCutcheon CEB00-0668 Vacant lot 200 Block of NW 1 Avenue Dania Beach, FL DATE: December 21, 2001 On December 6, 2001, a Request for Abatement was heard by the Code Enforcement Board on the above referenced property. I am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history on this property. The Code Board recommended abatement to half of$39,300.00. Please place this on the next City Commission Agenda. Thank you. WSJ/b Attachments AGENDA 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, FL DATE: December 21, 2001 The Code Enforcement Board originally heard this case on January 8, 2001. A Final Order was issued giving them 30 days to comply or a fine of $200.00 per day would be imposed (a compliance date given of March 3, 2001). The property was not brought into compliance by March 3, 2001 and the fine was confirmed on August 6, 2001. The property came into compliance on September 15, 2001. The fine ran from 3/3/01 to 9/15/01= 196 days @ $200.00/ day = $39,200.00 plus $100.00 recording fees = $39, 300.00 owed. The Code Enforcement Board, after hearing testimony on December 6, 2001, decided by unanimous vote, to abate the fine to half of$39,300.00. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairman RB/bd CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # CEB00-0668 municipal corporation PLAINTIFF, FINAL ORDER vs. IVORY AND S. MCCUTCHEON DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 8, 2001, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the defendants and the subject matter of this action; and b. Defendants, Ivory and S. McCutcheon, did allow the following code violations to exist at property defendants own located at Vacant Lot 200 Blk N. W. 1 Avenue, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 1 BLK 2 (# 0234 01 0110): FINAL ORDER 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 FINAL ORDER 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: By, r ichard Bettor, Chairperson Date signed: =�?/0 do Sworn and subscribed before me this day of LALta LU 2001. NOTA Y PUBLI STATE OF FLORIDA Richard Bettor is personally known to me. 0 �pj2Y P&fi �` � 51AJBRAN0ES :WMISSICN NUMBER CC829490 MY COMMISSION EXPIRES `cOFF\-O MAY10.2003 Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER CEB00-0668 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Ivory and S. McCutcheon, this t — day of 2001. CERTIFIED MAIL 7099 3400 0014 4251 2588 ox, CODE ENF RCEME BOARD CLERK APPROVED TO FORM D CORRECTNESS _-- TIM RYAN, S 7 CIAL CITY ATTOR EY Also sent regular mail Return to: Marie Jabalee, Finance Director 100 W. Dania Beach Blvd. Dania Beach, FL 33004 s ; 9t Z Wam FL®RIDN 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 www.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. WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: _X_ Certified Mail Z 284 264 604 Gloria Brandes . 22. CEB00-0668 Ivory and S. McCutcheon % Arthur Francis Vacant lot, 200 block NW 1 Avenue, lot 1 Dania Beach, FL Inspector William Dubisky, having been previously sworn in, had the following testimony. The violations are located at a vacant lot in the 200 block of NW 1 Avenue, lot 1. Service was not obtained by Certified Mail, however notice was sent first class mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 14, abandoned and unlicensed vehicles, Chapter 8, fence violation; Chapter 13, Public Nuisance, weeds, grass, trees, shrubs; Chapter 28, Zoning, outside storage prohibited. As of today the property is still in violation of Chapter 14, abandoned vehicles; 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 ti findings of fact by Code Inspector William Dubisky, move to find the violations exist as charged, move the violator be given 30 days to comply thereafter a fine of $200.00 per day will be levied. The motion carried on the following roll call: William Sargent— yes Tim McLeod — yes Judy Jensen —yes Beulah. Lair— yes Pat Flury— yes Jimmy Peterman — yes Richard Bettor— yes 23. CEB00-0669 Katja Fort 713 SW 3 Place Dania Beach, FL Inspector William Dubisky, having been previously sworn in, had the following testimony. The violations are located at 713 SW 3 Place. Service was not obtained by Certified Mail, however notice was sent first class mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 8, fence; Chapter 8, door and windows; Chapter 13, weeds, grass, hedges, and trash; Chapter 13, sod violation. As of today, the property is still in violation of Chapter 8, the fence has not been removed or replaced; Chapter 8, the doors and windows remain in disrepair. Inspector Dubisky said the City went in under a City Manager Letter and cleaned the property a month ago, but the weeds and grass are still in violation and are not being maintained, so he is not complying the violation. Inspector Dubisky said he will dismiss the Chapter 13 sod violation because of the water restrictions. Two photos were given to the Board. Chairman Bettor asked if anyone was Dania Beach Code Enforcement Board Minutes 17 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 6,2001 Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes Chairman Bettor advised Mr. McCutcheon that the Code Board is only a recommending body and that the Commission has the final decision. 10) #1160 Ann Louise Rickmeyer 295 SW 9 Street Dania Beach, FL Code Inspector William Dubisky came forward, having been previously sworn in, and had the following testimony. Service was obtained by Certified Mail, regular mail, and by posting the property; the Affidavit of Service is on file. This was a violation of Chapter 8, Sec.8-21 (a)(5)(a)l& 2, paint violation and Chapter 13, Sec.13-23, Public Nuisance violation, trash and materials stored on the property, grass, weeds, and hedges required cutting. As of today, the property is still in violation of Chapter 13, the trash and debris, concrete blocks and items in the carport constitute an eyesore. The Chapter 8, paint violation has been corrected. Mr. Dubisky said his first contact with the property was on 6/28/01. Two photos were given to the Board. Attorney Claire Covet, representing Cathy McCory, came forward. Ms. Covet said Ann Louise Rickmeyer is deceased and the property is going to her daughters, Cathy McCory and Patricia Reuth. Ms. Covet gave testimony about the violations and identified the photos as being of the property. Beulah Lair asked how long the defendant needed to comply. The defendant responded that she needed 30 days to comply. It was on motion of Gary Luedtke, seconded by Judy Jensen, to adopt the findings of fact by Code Inspector William Dubisky, move to find the violation exists as charged, move the violator be given 30 days to comply or a fine of $50.00 a day thereafter. The motion carried on the following roll call: Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes Richard Bettor—yes Attorney Ryan specified for the audience that once a Final Order is received and it specifies the date or the amount of time a defendant is given to comply, after the defendant believes the violations are complied in total, it is the responsibility of the defendant to call the City and ask a City inspector to come to the property and verify that the violations are complied. Attorney Ryan continued that if the violations are not complied, then the City inspector will tell the defendant what else needs to be done. Attorney Ryan said if the defendant does not call, then a fine may continue, even if the defendant thinks the violations are complied. Dania Beach Code Board Summary Minutes 9 December 6,2001