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HomeMy WebLinkAbout2004-05-20 Special Meeting Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS MAY 20, 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 THE CITY CLERK, 100 W. DANIA BEACH BLVD,DANIA BEACH,FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO MEETING. 1. CALL TO ORDER: 2. ROLL CALL: 3. ABATEMENT REQUESTS: 3.1 Request by Ofer & Hadas Zvi for abatement of Case #02-3056. Property located at 5920 SW 45th Way. 3.2 Request by Jose A. & Eliette Soto '/2 Int Alex Martinez, for abatement of Case #02-2434. Property located at 21 NE 2"d Avenue. 3.3 Request by Joseph J. & Alisa M. Herold, for abatement of Case #03-4022. Property located at 4542 SW 25th Avenue. 3.4 a) Request by Bertha Robinson, for abatement of Case #02-2843. Property located at 738 SW 3`d Place. b) Request by Bertha Robinson, for abatement of lot mowing and/or debris removal lien. Property located at 738 SW 3`d Place. 3.5 Request by Henry L. Graham, Liberia Economic & Social Development, Inc. for abatement of lot mowing and clearing of South Broward Cradle Nursery, located at 909 SW 12 Avenue. 4. ADJOURNMENT AGENDA-ABATEMENTS 1 MAY 20, 2004 SPECIAL MEETING ADDENDUM DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS THURSDAY, MAY 20, 2004 6:00 P.M. 3.6 Request by Special Counsel Timothy M. Ryan, Ryan & Ryan, LLC, for reconsideration of Case #00-2264. Property located at 266 SW 8th Street. ADDENDUM MAY 20, 2004 SPECIAL MEETING-ABATEMENTS AGENDA REQUEST FORM CITY OF DAN-IA Date: May 4, 2004 Agenda Item #: 38 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for#02-3056—Ofer& Hadas Zvi —5920 S. W. 45 Way Summary Explanation & Background: The defendants were originally cited on 9/03/02 for 1 building violation for construction of a building without permits. They were given 30 days to comply and they did not comply. This case was brought before the code board on 3/03/03 and the board issued an order giving the defendants 60 days to comply or a fine of$50.00 per day would be levied. Their compliance date was 5/26/03 and they did not comply until 8/04/03. The fine ran from 5/26/03 to 8/04/03, 70 days @ $50.00 per day = $3,500.00 plus $100.00 recording fee = $3,600.00 owed. The fine was confirmed on 8/04/03. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $1,500.00. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 3/03/03, 8/04/03, 4/05/04 code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abating the fine to $1,500.00 because the owner was working through a contractor and did not know what was going on. 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 # 02-3056 Ofer & Hadas Zvi 5920 SW 45 Way DATE: May 4, 2004 This was originally heard by the code board on 3/03/03 for 1 building violation. A final order was issued giving the defendants 60 days to comply or a fine of $50.00 per day would be levied. The compliance date was 5/26/03 and they did not comply until 8/04/03. The code enforcement board, after hearing testimony on 4/05/04, decided by majority vote to recommend abating the lien to $1,500.00 because the owners were working through a contractor and did not know what was going on. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Betto , Chairman RB/gb WSTR#103330343 PREPARED BY: DR BK 36091 Pages 1670-1674 TIMOTHY M. RYAN, ESQ. RECORDED 09/22/03 13:37:48 Special City Attorney DEPUTY'ROWARD ERK 034COMMISSION City of Dania Beach a2,5 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 9 day of September, 2003 CITY OF DANIA BEACH By: Patricia Varney Finance Director i File: CEB 3056 FINAL ORDER 0136-03-0430 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 3056 municipal corporation PLAINTIFF, FINAL ORDER vs. OFER & HADAS ZVI DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on March 3, 2003, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendants and the subject matter of this action; and b. - Defendahts -U'f&—& Hada�--Zvi,' did alt W-the'following code violation to-exist at property Defendants own located at 5920 S. W. 45 Way, Dania Beach, Florida, which property is legally described as: FRANCES GROVE ESTATES 26-46 B LOT 7 & THAT PORTION OF LOT 5 DESC AS, COMM SW COR OF LOT 5, NELY 71.30 TO SE COR OF LOT 7 & POB, CONT NELY 70 TO NE COR OF LOT 7, SELY 2, SWLY 70, NWLY 2 TO POB, BLK 3 (#0136 03 0430): 1. South Florida Building Code Section 104, Permits Required. Defendants did construct a building without a permit. Failure to obtain a permit and all inspections within 30 days or remove all work. i FINAL ORDER #3056 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Ofer & Hadas Zvi: (a) have 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 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, Ofer & Hadas Zvi, for the foregoing violation listed in paragraph b.(1), a fine of $50.00 per day, to begin running 60 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendants must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. If the Defendants do 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 Defendants. 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 )')Qi[Ck , 2003. i Return to: Macciano Lewis,Budget/Finance Analyst City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FL 33004 FINAL ORDER #3056 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By;. CZ re-3a 41;44 /vFkichard-Te-Tor', Chairperson Notary Seal: Sworn and subscribed before me this day of JW 2003. NOTAW PUBLICS ATE 6F FLORIDA Richard Bettor is personally known to me. dos"'N GbrW J Brandes • My Cort mMian D0187250 w E)pm May 10,2007 I Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FL 33004 FINAL ORDER #3056 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Ofer & Hadas Zvi, this day of 2003. CERTIFIED MAIL 7002 0860 0005 3713 9526 CODEIVENFORCEMENT BOARD CLERK APPROVED A O FOR AND CORRECTNESS TIM RYAN, SP CIAL CITY A ORNEY Also sent first class mail { Return to: Macciano Lewis,Budget/Finance Analyst City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach, FL 33004 V 1 INSTR#103330344 PREPARED BY: DR BK 36091 Pages 1675-1678 RECORDED 09/22/0313:37:48 TIMOTHY M. RYAN, ESQ. BROWARD COUNTY COMMISSION Special City Attorney DEPUTY CLERK 1034 City of Dania Beach #3,4 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 9 day of September, 2003 CITY OF DANIA BEACH i Patricia Varney Finance Director File: CEB 3056 ORDER IMPOSING FINE 0136-03-0430 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 3056 Florida municipal corporation, Plaintiff, -vs- OFER & HADAS ZVI Defendants I 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 41h day of August, 2003, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 27th day of March, 2003, a Final Order in the above-captioned case was entered by the Board commanding the Defendants, Ofer & Hadas Zvi, to bring the violation specified in said Final Order into compliance on or before the 26", day of May, 2003, or pay a fine in the amount of$50.00 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: FRANCES GROVE ESTATES 26-46 B LOT 7 &THAT PORTION OF LOT 5 DESC AS, COMM SW COR OF LOT 5, NELY 71.30 TO SE COR OF LOT 7 & Order Imposing Fine Case#3056 POB, CONT NELY 70 TO NE COR OF LOT 7, SELY 2, SWLY 70, NWLY 2 TO POB, -BLK.3—(#-413"3.0430)- 3. Defendants, Ofer & Hadas Zvi, 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 August 4, 2003, when the Defendants complied with said final order. 5. The fine accrued for a period of 70 days at $50.00 per day for a total fine of $3,500.00. 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 Defendants. 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 1-2 op day of , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By. Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this Jp _day of , 2003 by , who is personally known to me. R6� Nota Public, St to of Florida GiomJ Return to: Patricia Varney,Finance Director 2 MM � �CA � 00167280 City of Dania Beach g 100 W.Dania Beach Blvd. �a w�+ Ewes May 10,2007 Dania Beach,Fl 33004 Order Imposing Fine Case#3056 CERTIFICATE OF SERVICE CERTIFY that a copy of the foregoing Order Imposin Fine was mailed to the Defendants, Ofer & Hadas Zvi, this day of , 2003, y,ja U. $.First Class mail and U. S. Certified Mail No. 7002 2030 0003 2168 5032. CODE ENFORCE ENT BOARD CLERK APPROVE A TO FOR AND CORRECTNESS TIMOTHY M. YAN, SPECIAL CITY ATTORNEY Return to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd Dania Beach,Fl 33004 Aff ARM----- ewe FLORIDA�_,we September 3, 2002 OFER & HADAS ZVI Case Number : 02-00003056 5920 SW 45 WAY FT LAUDERDALE, FL 33314 Location: 5920 SW 45 WAY Folio : 504136030430 Legal Description : FRANCES GROVE ESTATES 26-46 B LOT 7 & THAT PORTION OF LOT 5 DESC AS, COMM SW COR OF LOT 5, NELY 71 . 30 TO SE COR OF LOT 7 & POB, CONT NELY 70 TO NE COR OF LOT 7 , SELY 2, SWLY 70, NWLY 2 TO POB, BLK 3 Dear OFER & HADAS ZVI : 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 03, 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 . Sin* erely, KENNETH KOCH BUILDING OFFICIAL I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5818 0762 by BETH DAGNON. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us V 1 V Lti 1 1 V 1V 1J r,1 L-11 1J YL-1lJL" 1 :CASE NUMBER 02-00003056 PROPERTY, ADDRESS , 5920 SW 45 WAY ------ -------------- ------------------------------------------ VIOLATION: FBC SEC. 104 QUANTITY: 1 DESCRIPTION: FBC SEC. 104 Permits Required DATE : 8/12/02 LOCATION: NARRATIVE Remedy: Obtain permits and all inspections within 30 days or remove all work. ORDINANCE DESCRIPTION Violation of Florida Building Code Sec . 104 , Permits Required. Problem Description: Construction of building without permits . s Service is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance, overgrown vegetation and trash on the property; Chapter 14, Section 14-2, inoperative and unlicensed vehicle on the property; and F.B.C. 104, shed was modified without permits. As of today, the property is still in violation of Chapter 13, there is still trash on property. Mr. Dubisky said Building Official Kenneth Koch will explain the F.B.C. 104. Mr. Dubisky stated that Chapter 14 is in compliance, but asked for a finding of fact that the violation existed. Mr. Dubisky entered three photos into evidence. The first contact was 9/17/02. Chairman Bettor asked if there was anyone representing Tania Rodriguez, L Sosa, and E Gonzales. Tania Rodriguez and Louis Sosa, 43 SW 11 Street, Dania Beach FL, came forward and were sworn in. Chairman Bettor asked defendants to identify the three photos. Ms. Rodriguez identified the three photos. Ms. Rodriguez stated she requested permits for addition of front shed. She stated that upon receipt of the letter, she tore down the back shed. Chairman Bettor asked if she needed more time. Ms. Rodriguez answered, yes. Chairman Bettor asked Mr. Koch if a permit could be granted. Mr. Koch came forward and stated that the permit cannot be issued based on the shed construction. If the original metal shed is left or the structure removed, then it would be in compliance. Ms. Rodriguez decided on taking down the structure. Chairman Bettor asked for a motion. It was on the motion of Beulah Lair, to adopt the findings of Officer Dubisky, to give the violator 30 days or $100.00 per day. Gary Luedtke asked if the fine of $100.00 could be reduced to $50.00 per day on the defendants willingness to comply. After some debate, Beulah Lair amended the motion to 30 days or a fine of $50.00 per day thereafter. The motion was seconded by Jimmy Peterman and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-returned now, yes Beulah Lair-yes Richard Bettor-yes Mr. Dubisky stated to defendants that the fence stored in the back of property is part of the Chapter 13 violation. The fence needs to be moved. 12) #3056 Ofer and Hadas Zvi 5920 SW 45 Way Ft. Lauderdale, FL Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail,property was posted, Affidavit of Service is on file. This is a violation of F.B.C. 104. Mr. Dubisky stated that Building Official Kenneth Koch would elaborate on F.B.0 104 upon reviewing the pictures. Mr. Koch, having been previously sworn in, came forward and gave the following testimony. This is an un-constructed building where the roof had been removed. The permit application had not been received and it is not in compliance as of today. Mr. Koch presented two photos from 8/06/02 when the violation notice was issued. Chairman Bettor asked if there was ever a roof. Mr. Koch Dania Beach Code Board Summary Minutes 9 March 3,2003 replied that it was a constructed building previously, but the roof had been removed. Mr. Koch presented three more photos dating 2/21/03, showing progression of building. Two additional photos taken today 3/03/03, showed the work had progressed again but without a permit application. Chairman Bettor asked if there was anyone representing Ofer and Hadaz Zvi. Ofer Zvi, 3740 Kensington Street, Hollywood FL, came forward and was sworn in. Mr. Zvi stated that he asked a tenant to rebuild the roof because of termites. He told the tenant to obtain a permit. The tenant started the job, then a violation notice was put on the building. Mr. Zvi stopped the job. He paid the tenant $6,000 and the tenant disappeared. Chairman Bettor asked Mr. Zvi to identify the photos. Mr. Zvi identified the eight photos. Mr. Zvi questioned what should he do with building. Mr. Koch answered that Mr. Zvi needs a contractor and permit to do the work. The construction material and the vehicles need to be moved. Mr. Zvi wanted to understand what needed to be removed. Mr. Dubisky came forward and said that Mr. Zvi will be recited for the tent, stored building material, and abandoned vehicles. Chairman Bettor told Mr. Zvi that he needs to obtain permit. Chairman Bettor asked for a motion. Tim McLeod made a motion to adopt the finding of fact by Officer Dubisky that the violations do exist, and the respondent be given 60 days or a fine of$50.00 per day. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 13) #3345 Melissa Nesmith 34 SW 5 Avenue Dania Beach, FL Code Inspector Eric Baker came forward,was sworn in, and presented two photos. Mr. Baker gave the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 8, Article II, Section 8-21(4)(f), Minimum Standards, fence violation. As of today, the property is still in violation of Chapter 8, fence needs to be replaced or removed. The first contact with property was 9/11/02, Chairman Bettor asked if there was anyone present representing Melissa Nesmith. Melissa Nesmith, 34 SW 5 Avenue, Dania Beach, FL came forward and was sworn in. Beulah Lair asked if the fence could be repaired. Building Official Kenneth Koch, having been previously sworn in, came forward and answered that the fence can be re-strung without the need of a permit. Chairman Bettor asked Ms. Nesmith to identify the photos. Ms. Nesmith answered, yes it was her property. Beulah Lair motioned, seconded by Tim McLeod, to adopt the findings of fact by Eric Baker, move to find the violation exists as charged, move the violator be given 30 days or a fine of$50.00 per day thereafter. Ms. Nesmith interjected and said that she already took care of the violation by speaking to personnel, who will give her an estimate to replace or Dania Beach Code Board Summary Minutes 10 March 3,2003 20) Motion to Dismiss -#02-2456—William F. Walton III—226 SE Park Street Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. Mr. Walton went before the city commission for a variance that was granted on 3/25/03. Mr. Dubisky requested a dismissal for this case based upon Mr. Walton's compliance. Gary Luedtke, seconded by Beulah Lair, made a motion to dismiss the case. 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 21) Motion to Dismiss-#02-2718—Associates Financial Services of America Inc. 728 SW 7 Street Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. This was sent to Attorney Tim Ryan's office for a title search whereupon it was discovered that there was a second owner. Mr. Dubisky requested a dismissal on the case because it is being recited, and the violation will be mailed to both owners. Tim McLeod made a motion to dismiss the case. 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 22) Motion to Confirm Fine—#02-3056—Ofer& Hadas Zvi—5920 SW 45 Way Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony. This was heard for one violation. The board issued an order giving the defendant 60 days to comply. The compliance date was 5/26/03, but they did not comply until 8/04/03. Tim McLeod, seconded by Judy Jensen, made a motion to confirm the fine. 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 13 August 4,2003 4993, Annette Hibbits Rev. Tr., complied on 3/02/04; #02-3384, Harris Gortler, complied on 3/30/04; # 03-4839, Robert M. Mack, complied on 4/05/04; #03- 4849, Margarita Romero, complied on 4/05/04; #03-5108, Lawrence D. & Christine Davis, complied on 4/05/04; #03-5197, Walter & Christina Pratt, complied on 4/05/04; #03-5437, Jeri Lyn Bolling, complied on 4/05/04; #03- 5504, R. C. & Annette J. Kershaw, complied on 3/31/04; #03-5751, Abhimanyu Mansinghka, complied on 3/30/04; #04-0063, James T. Farley III, complied on 4/05/04; #04-0069, A. L. & Margee L. Clymer, complied on 4/05/04; #04-0081, Hollywood Stars Inc., complied on 4/05/04. Judy Jensen made a motion, seconded by Jimmy Peterman, to dismiss the cases as read by Mr. Johnson. The motion carried on the following roll call: David Nuby-yes Judy Jensen-yes Jimmy Peterman-yes Judith Tulacro-yes Richard Bettor-yes 4) Request for Abatement- #02-3056—Ofer & Hadas Zvi—5920 SW 45 Way Building Official Kenneth Koch came forward, was sworn in, and gave the following testimony. This came before the board on 3/03/03 for a Florida Building Code violation. The board had issued an order giving the defendant 60 days to comply or a fine of$50.00 per day would be levied. The compliance date was 5/26/03, but the defendant did not comply until 8/04/03. The fine ran from 5/26/03 until 8/04/03 for 70 days at $50.00 per day which equals to $3,500.00 plus $100.00 recording for a total of $3,600.00. The fine was confirmed on 8/04/03. This case is a continuance from the 3/01/04 board meeting. Chairman Bettor asked what has been the problem with this case. Mr. Koch said that they had obtained the permit, but they had received the final inspection later. Chairman Bettor asked if there was anyone representing Ofer and Hadas Zvi. Ofer Zvi came forward and was sworn in. Mr. Zvi said that he had to do some building demolition. He then hired a general contractor and Mr. Zvi had obtained the permit from the building department. He provided receipts of the contractor and the permit to the board. Attorney Ryan said that the permit was issued on 5/20/03 and the fine began running on 5/26/03. There is a statement and an invoice from the contractor on 6/06/03, stating that the work had been performed. The invoice was issued 10 days after the fine began running, and the building permit was issued 6 days before the fine began running. Chairman Bettor asked if the permit being issued would have stopped the fine being levied. Attorney Ryan said no, the fine would conclude when the work was completed and the code officer's re- inspection of the property, and then the officer would notify the defendant that the re-inspection was done. Chairman Bettor asked for discussion by the board. Jimmy Peterman asked if the permit could have been obtained by the owner. Mr. Koch said yes that the permit could be obtained by the owner, but it was issued to the contractor. Judith Tulacro asked Mr. Zvi why did it take a while to request a permit. Mr. Zvi said that another contractor was supposed to contract with him but never did, and then he got the FIR contractor who then performed the job. Mr. Zvi said that he did not know that he had to return the permit after the job was Dania Beach Code Board Summary Minutes 2 April 5, 2004 done. Jimmy Peterman made a motion to abate the fine to $1,500.00 because the owner worked through a contractor, and did not know the process of the situation. The motion was seconded by Judy Jensen and carried on the following roll call: David Nuby-yes Judy Jensen-yes Jimmy Peterman-yes Judith Tulacro-yes Richard Bettor-yes Chairman Bettor informed Mr. Zvi that the code board is a recommending board and Mr. Zvi could go before the commission who could adjust the fine to be either higher or lower. Gary Luedtke arrived to the meeting 5) Request for Abatement - #02-2434 — Jose A. & Eliette Soto '/Z Int. Alex Martinez—21 NE 2 Avenue Code Inspector Eric Baker came forward, was sworn in, and gave the following testimony. This was originally heard by the board on 8/05/02 for a fence violation. The board issued a final order giving the defendant 30 days to comply or a fine of$75.00 per day would be levied. The compliance date was 9/26/02, but the defendant did not comply until 12/02/02. The fine ran from 9/26/02 thru 12/02/02 for 67 days at $75.00 per day which equals $5,025.00 plus $100.00 recording fee for a total of$5,125.00. The fine was confirmed on 12/02/02. The corrected supplemental order claimed that the lien was issued on 6/02/03 due to a clerical error on record. Chairman Bettor asked if there was anyone representing Jose A. & Eliette Soto and Alex Martinez. Jose Soto, 25 NE 2°d Avenue, came forward and was sworn in. Mr. Soto said that the first letter that he had received was to repair the fence which he did in the requested time. He then received another letter from the city for garbage, which was from a tenant residing on the property. He thought that he was finished but the inspector did not notify him of the inspection. He had cleaned the property and was constantly fixing the fence because the palm tree limbs kept breaking the fence. Judy Jensen asked Mr. Baker to clarify how many violations were the defendant being cited for. Mr. Baker said it is only the fence, and the other violations that Mr. Soto was referring to is in regards to another case. Judy Jensen asked what was wrong with the fence. Mr. Baker said the top rail was broken and needed replacing. Judy Jensen asked Mr. Soto if he did not replace the top rail. Mr. Soto said yes he did but the palm branch fell every month to damage the fence. Jimmy Peterman asked Mr. Soto if he had called in for a re-inspection. Mr. Soto said no. Jimmy Peterman asked Mr. Baker if the violation had been completed in a timely manner. Chief Code Inspector William S. Johnson, having been previously sworn in, came forward to state that Mr. Baker did read into the record the compliance date being 9/26/02 but the defendant did not comply until 12/02/02. Mr. Soto said that the reason why he had taken a while to comply is because he first had to fix the wooden fence that was falling onto his neighbor's property. He did not understand all the violations being discussed at the first board hearing, and he cannot recall the Dania Beach Code Board Summary Minutes 3 April 5,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 5/04/04 Agenda Item#: 9 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for#02-2434—Jose A. & Eliette Soto '/2 Int Alex Martinez—21 N. E. 2 Avenue. Summary Explanation & Background: The defendants were originally cited on 4/22/02 for 1 violation for fence needing repair or replacement. They were given 14 days to comply and they did not comply. They were brought before the code board on 8/05/02 and the board issued an order giving them 30 days to comply or a fine of$75.00 per day would be levied. Their compliance date was 9/26/02 and they did not comply until 12/02/02. The fine ran from 9/26/02 through 12/02/02, 67 days @ $75.00 per day = $5,025.00, plus $100.00 recording fee = $5,125.00 owed. The fine was confirmed on 12/02/02. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, stating the board could not agree on a recommendation. (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 8/05/02, 12/02/02, and 4/05/04 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 could not agree on recommendation. 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 # 02-2434 Jose A. & Eliette Soto '/z Int Alex Martinez 21 N. E. 2 Avenue DATE: May 4, 2004 This was originally heard by the code board on 8/05/02 for 1 fence violation. A final order was issued giving the defendants 30 days to comply or a fine of $75.00 per day would be levied. The compliance date was 9/26/02 and they did not comply until 12/02/02. The code enforcement board, after hearing testimony on 4/05/04, could not agree on a recommendation. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ichard Bettor, Chairman RB/gb PREPARED BY: INSTR#102622863 TIMOTHY M. RYAN, ESQ. OR BK 34537 Pages 1688-1692 RECORDED 02/07/03 07:37:52 Special City Attorney BROWARD COUNTY COMMISSION City of Dania Beach DEPUTY CLERK 2000 700 East Dania Beach Boulevard #13,5 Pages Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 28 day of January. 2003 CITY OF DANIA BEACH By. Patricia Varney Finance Director File: CEB 2434 FINAL ORDER 0234-12-0210 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #2434 municipal corporation PLAINTIFF, FINAL ORDER VS. JOSE A. & ELIETTE SOTO '/ INT ALEX MARTINEZ DEFENDANTS : ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on August 5, 2002, 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, Jose A. & Eliette Soto '/2 Int Alex Martinez, did allow the following code violation to exist at property defendants own located at 21 N. E. 2 Avenue, Dania Beach, Florida, which property is legally described as: BEACHWAY 8-33 B LOT 13, 14 N 40 BLK 5 (# 0234 12 0210): L FINAL ORDER #2434 PAGE 2 1. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(4)ft Minimum standards for dwellings, hotels, and rooming houses. General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. 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, Jose A. & Eliette Soto '/z Int Alex Martinez: (a) have been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $75.00 per day will begin running 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, Jose A. & Eliette Soto Y2 Int Alex Martinez, for the foregoing violation listed in paragraph b.(1), a fine of $75.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section 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 in violation and upon any other real or personal property of the defendants. 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. O DERED at Dania Beach, Broward County, Florida, this 17 day of , 2002. Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FL 33004 `FINAL ORDER #2434 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: 'Ric-hard- Bettor, ChaAperson Sworn and subscribed before me this 7 day of 2002. (-)14.4 11a NOTARY PUBLI T TE OF FLORIDA Richard Bettor is personally known to me. O�P(ZY PUe(` O GLOFVA J 8RM10ES COMMISSION NUMUR a CC828M 9t� Q? MY COMMISSION EXPIRES OF F-e MAY 10,2003 Retum to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FL 33004 `FINAL,_ ORDER #2434 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Jose A. & Eliette Soto '/z Int Alex Martinez, this _ 7 day of 2002. CERTIFIED MAIL 7001 1940 0002 6630 3338 . �yo CODE rNFORC�"ET BOARD CLERK APPROVE S TO F RM AND CORRECTNESS TIM RYA , SPECIAL CITY T ORNEY Also sent first class mail Return to: Macciano Lewis, Budge6Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 INSTR#103175728 OR BK 35738 Pages 128-131 RECORDED 08/04/03 09:48:27 PREPARED BY: BROWARD COUNTY COMMISSION TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 1034 Special City Attorney #3,4Pages City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR CITY OF DANIA BEACH 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FL 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) COUNTY OF BROWARD ) 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 ' '' day of -�_ e, 2003 . 7/y / CITY OF DANIA BEACH B y: Patricia Varney Finance Director- File: CEB 2434 CORR. SUPP.ORDER/CLAIM OF LIEN 0234-12-0210 9 RETURN TO: MACCIANO LEWIS BUDGET/FINANCE ANALYST CITY OF DANIA BEACH 100 WEST DANIA BEACH BOULEVARD DANIA BEACH, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida Case #2434 municipal corporation, Plaintiff, JOSE A. & ELIETTE SOTO '-i Int ALEX MARTINEZ, Defendants / CORRECTIVE 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 of Code Inspector, Eric Baker, on the City' s Motion to Confirm Fine held on the 2°d day of December, 2002, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 27' day of August, 2002, a Final Order in the above-captioned case commanding the Defendants, JOSE A. & ELIETTE SOTO 14 INT ALEX MARTINEZ, to bring the violation specified in said Final Order into compliance on or before the 26' day of September, 2002, or pay a fine in the amount of $75. 00 per day for each day of noncompliance thereafter. 2 . That said violation occurred on the following described real property situated, lying and being in Broward County, Florida, to-wit: BEACHWAY 8-33 B Lot 13, 14 N 40 Blk 5 (#0234 12 0210) . 3. That the Defendants, JOSE A. & ELIETTE SOTO '-i INT ALEX MARTINEZ, did not comply with the Final Order until December 2, SUPPLEMENTAL ORDER #2434 SUPPLEMENTAL ORDER #2434 2002 . 4 . It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified for the period of September 26, 2002 through December 2, 2002 at $75 . 00 per day for a total of $5, 100 . 00 plus $100 recording fee, for a total of $5, 200. 00 . 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. 6. This lien supercedes and corrects a Supplemental Order/Claim of Lien in this case entered January 15, 2003 and recorded on February 7, 2003 in O.R. Book 34537, Pages 1693 through 1696, due to a a scrivener' s error in paragraph 4 of said Order. DONE AND ORDERED at Dania Beach, Broward County, Florida, this day of June, 2003. DANIA BEACH CODE ENFORCEMENT BOARD By Chaff rson SWORN TO and SUBSCRIBED before me this day of June, 2003, by ar who is personally known to me. 01At�; 1i 9)a� NOT RY PUBLtt STATE OF FLORIDA Gkxia J Brandes •My Commission DD187250 a Expres May 10,2007 -2- SUPPLEMENTAL ORDER. #2434 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Corrective Supplemental Order/Claim of Lien was mailed to the Defendants, JOSE A. & ELIETTE SOTO 14 INT ALEX MARTINEZ, this �� day of June, 2003 . CERTIFIED MAIL # 7002 2030 0003 2168 6084 APPROVEDURYAN, AND CORRECTNESS TIMOTHY C AL CITY ATTORNEY Also sent regular m il . -3- l 9t FLORIDA April 22, 2002 JOSE A & ELIETTE SOTO 1/2 INT Case Number: 02-2434 ALEX MARTINEZ 21 NE 2 AVE DANIA BEACH, FL 330044806 Location: 21 NE 2 AVE Folio: 5042-34-12-0210- Legal Description: BEACHWAY 8-33 B LOT 13,14 N 40 BLK 5 BEACHWAY 8-33 B LOT 13,14 N 40 BLK 5 Dear JOSE A & ELIETTE SOTO 1/2 INT, ALEX MARTINEZ: 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 5/06/02. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation(s), please do not hesitate to contact me. Sincerely, ERIC Eft IVO-Z- CODE INSPECTOR certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0003 5600 2806 by BETH DAGNON. "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us ! VIOLATION DETAIL PAGE 1 CASE NUMBER 02-00002434 PROPERTY ADDRESS 21 NE 2 AVE - ---------------- --------------------------------------------- VIOLATION: CH. 8 ,ART II, SEC 8-214F QUANTITY: 1 DESCRIPTION: CH 8 ,ART II, PS, SEC 8-21 (4) (F) DATE : 4/22/02 LOCATION: NARRATIVE Fence must be replaced or removed. A permit is needed for replacement of fence . ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Property Standards, Section 8-21 (4) (f) . Minimum Standards for Dwellings, Hotels, and Rooming Houses . General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses, and rooming units . Fences shall be maintained in a good state of repair. 26. #02-2434 Jose A & Eliette Soto '/2 Int. Alex Martinez 21 NE 2 Ave Dania Beach, FI Code Inspector Eric Baker, having previously been sworn in, came forward and had the following testimony. Service was not obtained by Certified Mail, however, notice was sent via first class mail and the property was posted; the Affidavit of Service is on file. This is a violation of Chapter 8, Article II, Section 8- 21 (4) (F), property standards. As of today, the property is still in violation of Chapter 8, the fence needs to be repaired or removed. Mr. Baker said his first contact with the property was made 4/22/02. Chairman Bettor asked if anyone was present representing Jose A & Eliette Soto; no response was given. It was on motion of Beulah Lair, seconded by Gary Luedtke, move to find the violation exists as charged and that the violator be given 30 days to comply or a fine of $75.00 per day thereafter. The motion carried on the following roll call: David Nuby— yes Judy Jensen —yes Judith Tulacro - yes Gary Luedtke —yes Beulah Lair— yes Richard Bettor—yes 27. #02-2637 Sidney K & Evelyn P Schoenwald 4480 SW 38 Terr Ft. Lauderdale, FI 33314 Code Inspector William Dubisky, having previously been sworn in, came forward and stated notice was sent Certified Mail and service was obtained, notice was also sent via first class mail and the property was also posted; the affidavit is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance; and overgrown vegetation; Chapter 14, Section 14-2, Junked and abandoned vehicle; and Chapter 15, Section 15-1, Occupational license. As of today, the property is still in violation of Chapter 15,Section 15-1, the occupational license has not been obtained. Mr. Dubisky is requesting a finding of fact for the other two violations which are Chapter 13, Section 13-23; and Chapter 14-14-2. Chairman Bettor asked if anyone was present representing Sidney K & Evelyn P Schoenwald, no response was given. It was on motion of Gary Luedtke, seconded by Beulah Lair, to accept the finding of fact of William Dubisky, that the violations exist as charged, that the remaining violation be given 30 days to comply or a fine of $75.00 per day thereafter, and accept the finding of fact on the other two violations. Gloria Brandes reiterated that the other two violations were on Chapter 14-14-2, Chapter 13, 13-23. The motion carried on the following roll call: Dania Beach Code Board Minutes 19 August 5,2002 Mr. Judge said he wants the record to show that he had painted the side of the building that faces the residents and had pressure cleaned the property. It was on motion of Beulah Lair, seconded by Gary Luedtke to adopt a finding of fact by Code Inspector Eric Baker that the violations exist as charged and give 60 days to comply for a fine of $100.00 per day thereafter. Mr. Nuby asked if the motion could be rephrased to state the violator be given $50.00 per day. Mr. Luedtke said he wanted to interject that Mr. Judge had owned the property for a year and is constantly improving it and felt there would be no complaints from the neighbors if the work was being done. Mr. Judge said there would always be someone who complains but wanted the record to state that he had been cleaning up that specific side of the neighborhood for the neighbors. David Nuby said we could give you 60 days and if Mr. Judge needed more time it may be granted. Chairman Bettor reiterated what transpired as the board had a motion and a second on the floor and the motion was 60 days and $100.00 a days and Chairman Bettor opened it up for discussion. Mr. Johnson came forward and said he felt the board should make Mr. Judge aware that he has 60 days and he has to be doing something, and cannot say 60 days have run out and come back for an extension. Mr. Johnson reiterated that all the city is asking Mr. Judge to do is have the building painted get all the graffetti off the building and clean up the grass. Mr. Judge asked why Mr. Weiner had not been cited and Mr. Johnson came forward and said Mr. Weiner was cited and we had to re-cite the property because of a new owner. Rita Donnelly asked what the motion was and if there was also a finding of fact. Chairman Bettor said there was a finding of fact that the violations did exist by Beulah Lair, stating that the motion was 60 days, or $100.00 a day and a finding of fact. The motion carried on the following roll call: David Nuby—yes Tim McLeod- yes Judy Jensen — yes Gary Luedtke — yes Beulah Lair— yes Jimmy Peterman - yes Richard Bettor—yes 11. #02-2910 Jose A & Eliette Soto % Int. Alex Martinez 21 NE 2 Ave Dania Beach, FI Code Inspector Eric Baker having been previously sworn in, came forward and stated for the record the property address is 25/27 NE 2nd Avenue, the 21 NE 2nd Avenue is the mailing address for the property. Chairman Bettor said the record would be changed to the 25/27 as testified by our Code Inspector Eric Baker. Code Inspector Eric Baker stated service was obtained by posting the property; the affidavit is on file. Notice was sent Certified Mail and service was not obtained; notice was also sent via first class mail. Mr. Baker said this is a violation of Chapter 13, Section 13-23, Public nuisance, junk and trash; Chapter 8, Article 11, property standards Section 8-21(4)(4), fence violation; violation of FBC 104, installation of canopy done without a permit; violation of FBC 104, shed installed without permits. As of today, the property is still in violation of Chapter Dania Beach Code Board Minutes 7 December 2,2002 13, junk still on property, Chapter 8, fence needs replacing or removed, violation of FBC 104, needs permit for the sheds, FBC 104, has complied for the canopy. Mr. Baker said first contact was 7/24/02. Maureen Soto, daughter of Mr. Soto came forward and was sworn in. Tim Ryan asked Miss Soto if she had permission of Jose Soto. Miss Soto said Jose Soto is present, but she is the person who deals with the city and she also resides on the premises. Chairman Bettor asked Miss Soto to identify the 4 photos as her property. Miss Soto acknowledged the photos. The 4 photos were entered into evidence. Miss Soto said the fence had been taken care of, and they are also in the process of cleaning and painting and due to that they have stuff on the outside of the house. Miss Soto asked for 30 additional days to finish painting the property. Miss Soto said the sheds have been there for about 10 years, and this is the first time that she had heard about the permits for the sheds. Building Official Kenneth Koch said the situation is that the sheds had been installed and been there for years and never had permits and there had not been permits issued for them. The questions are, do they meet the building codes and zoning ordinances as far as setbacks are concerned. Kenneth Koch said an application has to be made for the sheds. Miss Soto said she had made an application for a permit for the sheds. David Nuby asked how much time did she think she needed. Tim Ryan asked Mr. Koch if there was a problem with the shed as there should be side yard setback because they are located right on the property line. Mr. Johnson came forward and said there are too many sheds, and they cannot stay there. Tim Ryan said he didn't think that 30 days would be sufficient time, because of the building permits, and the issue on numerous sheds. Tim Ryan said if the board is so inclined 90 days on the sheds. Tim Ryan explained to Miss Soto about setbacks; stating that you cannot have any shed on the property line, that there has to be a distance between the property line and shed. It was on motion of Judy Jensen, seconded by David Nuby to adopt a findings of fact that the violations did exist, service was obtained, 30 days for public nuisance — removal of trash and 90 days for the shed situation and 30 days for fence violation, thereafter a fine of $75.00 a day shall be levied. The motion carried on the following roll call: David Nuby —yes Tim McLeod- yes Judy Jensen — yes Gary Luedtke —yes Beulah Lair—yes Jimmy Peterman - yes Richard Bettor—yes 12. Request for Abatement#02-3338 - Wayne Boyce - 305 SW 14 St. Code Inspector William Dubisky having been previously sworn in, came forward and said the board had originally heard the case on 10/7/02, for a repeat violation. The compliance date for the repeat violation was 9/6/02, and the respondent did not comply until 9/15/02. The fine ran for 10 days. The board issued a repeat order fine of$50.00 per day plus $100.00 recording fee for a total of $600.00. Chairman Bettor asked William Dubisky what the violation was. Mr. Dubisky said this was a 2nd repeat order for overgrown vegetation on the Dania Beach Code Board Minutes 8 December 2,2002 done. Jimmy Peterman made a motion to abate the fine to $1,500.00 because the owner worked through a contractor, and did not know the process of the situation. The motion was seconded by Judy Jensen and carried on the following roll call: David Nuby-yes Judy Jensen-yes Jimmy Peterman-yes Judith Tulacro-yes Richard Bettor-yes Chairman Bettor informed Mr. Zvi that the code board is a recommending board and Mr. Zvi could go before the commission who could adjust the fine to be either higher or lower. Gary Luedtke arrived to the meeting 5) Request for Abatement - #02-2434 — Jose A. & Eliette Soto '/Z Int. Alex Martinez—21 NE 2 Avenue Code Inspector Eric Baker came forward, was sworn in, and gave the following testimony. This was originally heard by the board on 8/05/02 for a fence violation. The board issued a final order giving the defendant 30 days to comply or a fine of$75.00 per day would be levied. The compliance date was 9/26/02, but the defendant did not comply until 12/02/02. The fine ran from 9/26/02 thru 12/02/02 for 67 days at $75.00 per day which equals $5,025.00 plus $100.00 recording fee for a total of$5,125.00. The fine was confirmed on 12/02/02. The corrected supplemental order claimed that the lien was issued on 6/02/03 due to a clerical error on record. Chairman Bettor asked if there was anyone representing Jose A. & Eliette Soto and Alex Martinez. Jose Soto, 25 NE 2°d Avenue, came forward and was sworn in. Mr. Soto said that the first letter that he had received was to repair the fence which he did in the requested time. He then received another letter from the city for garbage, which was from a tenant residing on the property. He thought that he was finished but the inspector did not notify him of the inspection. He had cleaned the property and was constantly fixing the fence because the palm tree limbs kept breaking the fence. Judy Jensen asked Mr. Baker to clarify how many violations were the defendant being cited for. Mr. Baker said it is only the fence, and the other violations that Mr. Soto was referring to is in regards to another case. Judy Jensen asked what was wrong with the fence. Mr. Baker said the top rail was broken and needed replacing. Judy Jensen asked Mr. Soto if he did not replace the top rail. Mr. Soto said yes he did but the palm branch fell every month to damage the fence. Jimmy Peterman asked Mr. Soto if he had called in for a re-inspection. Mr. Soto said no. Jimmy Peterman asked Mr. Baker if the violation had been completed in a timely manner. Chief Code Inspector William S. Johnson, having been previously sworn in, came forward to state that Mr. Baker did read into the record the compliance date being 9/26/02 but the defendant did not comply until 12/02/02. Mr. Soto said that the reason why he had taken a while to comply is because he first had to fix the wooden fence that was falling onto his neighbor's property. He did not understand all the violations being discussed at the first board hearing, and he cannot recall the Dania Beach Code Board Summary Minutes 3 April 5, 2004 discussion of the previous board hearing. Jimmy Peterman made a motion to abate the fine to $1,500.00 because it was not a health hazard or a danger to anyone, and Mr. Soto did not understand what he should be doing, he tried to work with all the violations all at once. The amount should be abated to $1,500.00 plus the recording fee. The motion was seconded by David Nuby and failed on the following roll call: David Nuby-yes Judy Jensen- no Jimmy Peterman-yes Gary Luedtke-no Judith Tulacro-no Richard Bettor-yes Chairman Bettor asked for another motion since the vote was 3:3. David Nuby made a motion to abate the amount to $1,700.00 plus the recording fee for a total of $1,800.00. The motion was seconded by Jimmy Peterman and failed on the following roll call: David Nuby-yes Judy Jensen- no Jimmy Peterman-yes Gary Luedtke-no Judith Tulacro-no Richard Bettor-yes Chairman Bettor asked for further discussion. Judith Tulacro made a motion to divide the fine into half, making it $2,500.00 which would include administrative cost. Attorney Ryan said the reason is that Mr. Soto had multiple violations and Mr. Soto corrected the fence violation last. The motion was seconded by Gary Luedtke and failed on the following roll call: David Nuby-no Judy Jensen- no Jimmy Peterman-no Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes Judy Jensen commented that the reason for her votes is because she does not see any evidence in Mr. Soto trying to communicate with the code officer. Jimmy Peterman commented that the reason for his votes is because the $5,000.00 is outrageous for a fence violation. After further discussion, Chairman Bettor asked for another motion. Attorney Ryan said that the motion would be no recommendation by the board. Chairman Bettor addressed Mr. Soto in restating that the board could not decide on an abatement amount. Mr. Soto asked if he will receive a letter; Chairman Bettor confirmed yes with board clerk Gloria Brandes that a letter will be sent to notify Mr. Soto to appear before the commission. 6) Request for Abatement - #CEB03-4022 — Joseph J. & Alisa Herold — 4542 SW 25 Avenue Code Inspector Gary Phaneuf came forward, was sworn in, and gave the following testimony. This was originally heard by the board on 10/06/03 for 1 abandoned vehicle violation. The board issued an order giving the defendant 45 days to comply or a fine of$30.00 per day would be levied. The compliance date was 12/07/03, but the defendant did not come into compliance until 1/26/04. The fine ran from 12/07/03 thru 1/26/04 for 50 days at $30.00 per day which equals Dania Beach Code Board Summary Minutes 4 April 5,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 5/04/04 Agenda Item #: • Title: Request for Abatement Requested Action: Consideration of the Abatement Request for 03-4022—Joseph J. &Alisa M. Herold—4542 S. W. 25 Avenue Summary Explanation & Background: This property was originally cited on 1/29/03 for 2 violations. One for public nuisance for accumulation of untended weeds, trees or plant life and one for inoperative/abandoned vehicles. The defendants were given 14 days to comply and they did not comply with both violations. The case was brought before the code board on 10/06/03 for the abandoned vehicle violation and the board issued an order giving the defendants 45 days to comply or a fine of$30.00 per day would be levied. The compliance date was 12/07/03 and they did not comply until 1/26/04. The fine ran from 12/07/03 through 1/26/04, 50 days at$30.00 per day = $1,500.00 plus $100.00 recording fee = $1,600.00 owed. The fine was confirmed on 2/02/04. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abatement to $300.00 to be paid in installments to be determined by the Commission. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 10/06/03, 2/02/04, and 4/05/04 code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Enforcement Board recommends abating to $300.00, to be paid in installments to be determined by the Commission, because of the personal problems of Mr. Herold. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 14 1 - % INTEROFFICE MEMORANDUM fill CITY OF DANIA BEACH TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 03-4022 Joseph J. & Alisa M. Herold 4542 S. W. 25 Avenue DATE: May 4, 2004 This was originally heard by the code board on 10/06/03 for 1 Junked and Abandoned Vehicle violation. A final order was issued giving the defendants 45 days to comply or a fine of $30.00 per day would be levied. The compliance date was 12/07/03 and they did not comply until 1/26/04. The code enforcement board, after hearing testimony on 4/05/04, by unanimous vote, recommends abating the fine to $300.00, to be paid in installments determined by the Commission, because of the personal problems of Mr. Herold. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD i ,hard Bettor, Chairman R B/g b INSTR#103808863 PRE ARED BY: OR BK 37062 Pages 5-9 TIMOTHY M. RYAN, ESQ. RECORDED 03/15/0410:19:41 BROWARD COUNTY COMMISSION Special City Attorney DEPUTY CLERK 2000 City of Dania Beach #4,5 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 27 day of February, 2004 CITY OF DANIA BEACH By: Patricia Varney Finance Director HEROLD File: CEB 034022 FINAL ORDER 0229-05-0580 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 03-4022 municipal corporation PLAINTIFF, FINAL ORDER vs. JOSEPH J. &ALISA M. HEROLD DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 6, 2003, 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, Joseph J. & Alisa M. Herold, did allow the following code violation to exist at property Defendants own located at 4542 S. W. 25 Avenue, Dania Beach, Florida, which property is legally described as: SEABOARD PARK 12-24 B LOT 5 S 21, 6 LESS S 9 BLK 5 (# 0229 05 0580): 1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove all inoperative and unlicensed vehicles, trailers and vessels from the property. FINAL ORDER #03-4022 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Joseph J. &Alisa M. Herold: (a) have been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $30.00 per day will begin running 45 days from the date this order.is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendants, Joseph J. & Alisa M. Herold, for the foregoing violation listed in paragraph b.(1), a fine of $30.00 per day, to begin running 45 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendants must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. If the Defendants do 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 Defendants. 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 &7- �� , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 r FINAL ORDER #03-4022 PAGE 3 Notary Seal: Sworn and subscribed before me this day of 2003. NOTAVYPU13 LIC AT OF FLORIDA Richard Bettor is personally known to me. N Gloria J Brander My Commission DD187260 or aExpus May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #03-4022 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, Joseph J. & Alisa M. Herold, this o23 day of 12003. CERTIFIED MAIL 7002 2410 0007 0834 1881 Q-- /&U4& CODE EqFORCEMEV BOARD CLERK APPROVED AS TO F RM AND CORRECTNESS 4RYAN, CIAL C I I T 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 INSTR#103808864 OR BK 37062 Pages 10-13 PREPARED BY: RECORDED 03/15/0410:19:41 BROWARD COUNTY COMMISSION TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 2000 Special City Attorney #5,4 Pages City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 27 day of February, 2004 CITY OF DANIA BEACH By: Patricia Varney Finance Director HEROLD File: CEB 034022 ORDER IMPOSING FINE 0229-05-0580 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 03-4022 Florida municipal corporation, Plaintiff, -vs- JOSEPH J. & ALISA M. HEROLD Defendants / 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, Gary Phaneuf, on the 2"d day of February, 2004, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 23`d day of October, 2003, a Final Order in the above-captioned case was entered by the Board commanding the Defendants, Joseph J. & Alisa M. Herold, to bring the violation specified in said Final Order into compliance on or before the 7th day of December, 2003, or pay a fine in the amount of $30.00 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, Order Imposing Fine Case 903-4022 Florida, to-wit: SEABOARD PARK 12-24 B LOT 5 S 21, 6 LESS S 9 BLK 5 (#0229 05 0580) 3. Defendants, Joseph J. & Alisa M. Herold, 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 January 26, 2004, when the Defendants complied with said final order. 5. The fine accrued for a period of 50 days at $30.00 per day for a total fine of $1,500.00. 6. At a Formal Hearing on February 2, 2004, the City of Dania Beach Code Enforcement Board granted a conditional reduction in fine. The fine was reduced to $500.00 with the stipulation that the $500.00 be paid within 60 days from February 2, 2004, or the fine will revert back to the original amount of $1,500.00. 7. 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. 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--, 3 day of 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: —Ake Richard Bettor, Chairperson SWORN TO and SUBSCRIM BEFORE me this day of 2004 by , who is personally known to me. Nota Public, tate of Florida Syr Gloria J Brander =oit .� My Commission DD187280 Return to Patricia Varney,Finance Director 2 c�w� Expires May 10 2007 City of Dania Beach IN W.Dania Beach Blvd. Dania Beach,Fl 33004 Order Imposing Fine Case#03-4022 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Defendants, Joseph J. &Alisa M. Herold, this . a0 day of 2003, via U. S. First Class mail and U. S. Certified Mail No. 7 02 2030 0003 2169 0050 R. CODE ENFORCE ENT BOARD CLERK APPROV S TO FO M AND CORRECTNESS TIMOTHY RYAN, SPEC L CITY ATTORNEY Return to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 L t * �i FLORIDA January 29, 2003 JOSEPH J & ALISA M HEROLD Case Number: 03-00004022 4542 SW 25TH AVE FT . LAUDERDALE, FL 333125718 Location: 4542 SW 25 AVE Folio: 504229050580 Legal Description: SEABOARD PARK 12-24 B LOT 5 S 21, 6 LESS S 9 BLK 5 SEABOARD PARK 12-24 B LOT 5 S 21, 6 LESS S 9 BLK 5 Dear JOSEPH J & ALISA M HEROLD: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by February 12, 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 . Sincer ly, GARY PHANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5814 5662 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 DETAih ra-avi+ y CASE NUMBER 03-00004022 ' PROPERTY ADDRESS 4542 SW 25 AVE --------------------- ----------------------------------------- VIOLATION: EXCESSIVE GROWTH QUANTITY: 1 DESCRIPTION: CH 13 , SEC 13-26 DATE: 1/29/03 LOCATION: NARRATIVE All accumulation and unattended weeds, trees or plant life must be cleaned and removed from the property. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Section 13-26 . Weeds & undergrowth. The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead or living plant life upon any lot, tract or parcel of land, improved or unimproved, within one hundred (100) feet of any improved property within the city to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property, is hereby prohibited and declared to be a public nuisance. _ _ _ ------ VIOLATION: CH. 14, SECTION 14-2 QUANTITY: 1/29/01 DESCRIPTION: CH. 14 , SECTION 14-2 LOCATION: NARRATIVE All inoperative and unlicensed vehicles, trailers, and vessels must be removed from the property. ORDINANCE DESCRIPTION Violation of Chapter 141 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 . 10) #02-2960 Berisford Nelson 606 Phippen Road Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and gave the following testimony.Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Service is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance, trash and miscellaneous debris on the property and overgrown vegetation; Chapter 14, Section 14-2, inoperative and abandoned vehicles; Chapter 8, Article II, Section 8-21 A5A1&2, paint violation of the building; Chapter 8, Section 8-214F, fence violation. As of today, the property is still in violation of Chapter 13, there still remains miscellaneous trash and debris on the property, and other areas have overgrown vegetation; Chapter 14, vehicle is still inoperative; Chapter 8 fence has not been removed or replaced. The Chapter 8 paint violation is in compliance. Mr. Dubisky submitted three photos. The first contact with the violation was 7/26/02. Chairman Bettor asked if there was anyone representing Berisford Nelson. Berisford Nelson, 606 Phippen Road, came forward and was sworn in. Chairman Bettor asked Mr. Nelson to identify the photos. Mr. Nelson said yes they were his property. Chairman Bettor asked Mr. Nelson if he needed time. Mr. Nelson said that he had painted the house. He had called Mr. Dubisky to say that the vacant lot next to his property did not belong to him. The car and the trailer that are parked on the vacant lot belongs to Mr. Nelson's tenant. The car will be moved on 10/07/03. Mr. Nelson asked to know what was the fence violation. Chairman Bettor asked Mr. Dubisky to inform Mr. Nelson about the fence violation. Mr. Dubisky said that he would be willing to meet with Mr. Nelson on 10/07/03 and go over the violation. Mr. Dubisky said the section of fence that belongs to Mr. Nelson is not up to code. Mr. Nelson would need a permit to replace the fence or instead just removing the fence would bring it into compliance. Chairman Bettor asked Mr. Nelson how much time would he need; Mr. Nelson said 30 days. Jimmy Peterman made a motion, to adopt the findings of fact by Wil Dubisky, move to find the violation exist as charged, move the violator be given 30 days to comply or $50.00 per day shall be levied. 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 11) #03-4022 Joseph J & Alisa M Herold 4542 SW 25 Avenue Ft.Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and gave the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, property was posted, and Affidavit of Dania Beach Code Board Summary Minutes 7 October 6,2003 Service is on file. This is a violation of Chapter 13, Section 13-26, Public Nuisance, excessive accumulation of weeds and undergrowth; Chapter 14, Section 14-2, Public Nuisance, inoperative or unlicensed boat and trailer storage. As of today, the property is still in violation of Chapter 14, Section 14-2, Public Nuisance, inoperative and/or unlicensed boat or trailer. Mr. Phaneuf submitted three photos of the property. The first contact was 1/29/03. Chairman Bettor asked if there was anyone representing Joseph J & Alisa M Herold. Joseph Herold and Linda Lee, 4542 SW 25 Avenue, Ft. Lauderdale, FL 33312, both came forward and were sworn in. Mr. Herold said that he had not been able to tend the grass because he had been living in West Palm Beach and he had an injured hand. Chairman Bettor asked Mr. Herold to identify the photos. Mr. Herold identified the photos of his property. Chairman Bettor asked Mr. Herold how did he hurt his hand. Mr. Herold said that while he was on a road trip, the car axle broke and he was trying to fix it when the car jack slipped and crushed his arm. Chairman Bettor asked Mr. Herold if he was willing to bring the property into compliance. Mr. Herold said yes. Chairman Bettor asked how much time was needed. Mr. Herold responded 30 days to pull out the weeds because some belongs to his neighbor who will have to also help. Ms. Lee showed proof that they were living in West Palm Beach when the city had sent the notice to the Dania Beach address. Judy Jensen made a motion, to adopt the findings of fact by Code Enforcement Officer Gary Phaneuf, move to find the violation exist as charged, move that the violator be given 45 days to comply, thereafter a fine of$30.00 per day shall be levied. Ms. Lee stated that they had pulled out the weeds as of 10/05/03. Mr. Phaneuf answered that he had complied the weeds. Chairman Bettor told the respondents that they will need to call Mr. Phaneuf once they have complied with the violations. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor- yes 12) #03-4023 Binh Yen Diep 2857 Griffin Road Dania Beach, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and submitted seven photos. 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, Public Nuisance, prohibited storage of inoperable and/or unlicensed vehicles; Chapter 13, Section 13-23, Public Nuisance, trash, junk, and debris being stored; with weeds or grass needs to be cut or mowed. As of today, the property is still in violation of Chapter 14, Section 14-2, inoperative and unlicensed vehicle being stored on the property; Chapter 13, Section 13-23, Public Nuisance, trash, junk, and debris are still on the property with the weeds and grass that need to be cut. Dania Beach Code Board Summary Minutes 8 October 6,2003 Officer Eric Baker, that the violation exists and the defendant be given 30 days or a fine of $50.00 per day. The motion was seconded by Jimmy Peterman and carried on the following roll call: Tim McLeod-yes Judy Jensen-no Jimmy Peterman-yes Gary Luedtke-no Richard Bettor-yes Terrell McCombs-yes 22) Hearing to Confirm -#02-3877—Allison E. Funes—5505 SW 44 Terrace Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 10/19/03. The re-inspection on the property on 2/02/04 revealed that the corrective action had not been taken, and the Chapter 14, vehicle remains on the property, and no building permit has been issued for the installed driveway. Chairman Bettor asked if there was anyone representing Allison Funes. Jose Funes, 5505 SW 44 Terrace, Ft. Lauderdale, FL, came forward and was sworn in. Mr. Funes said that the he was asked to move the vehicle and apply for a driveway permit. He has applied for the permit. Chairman Bettor asked Mr. Funes to identify the photos of the property. Mr. Funes said yes they are photos of his vehicles. Tim McLeod made a motion to confirm the case. The motion was seconded by Gary Luedtke. Chairman Bettor asked Attorney Pinsky to explain to Mr. Funes that once Mr. Funes complies, he could then come back for an abatement. Attorney Pinsky explained to Mr. Funes that once he has complied with the violations, he could come back to the board for an abatement which is a reduction of the fine. The motion carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 23) Hearing to Confirm Fine - 403-4022 — Joseph J. & Alisa M. Herold — 4542 SW 25 Avenue Code Inspector Gary Phaneuf came forward, was sworn in, and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 12/07/03. The re-inspection on the property on 12/07/03 revealed that the corrective action had not been taken, no valid license tag for the trailer or registration sticker for the boat was displayed. The property was brought into compliance on 1/26/04. Mr. Phaneuf said that the owners were unable to attend the meeting due to a family emergency. They are requesting an abatement. There were some discussion by the board members in regards to confirming the fine now or hearing it as an abatement. Judy Jensen made a motion for the case to be abated to $500.00 due to the family illness. The motion was seconded by Tim McLeod. Attorney Pinsky asked if the motion is to confirm the fine at $500.00. Judy Jensen said that she wants to motion to confirm and abate the fine. Chief Code Inspector William S. Johnson, having been previously sworn in, came forward to suggest a time frame be put on the due date of the money. Attorney Dania Beach Code Board Summary Minutes 14 February 2,2004 Pinsky said that the motion could include a stipulation that if the fine of$500.00 is not paid within 60 days then it will be $1,500.00 confirmed. The motion carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 24) Hearing to Confirm - 902-2843—Bertha Robinson —738 SW 3 Place Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 11/22/03. The re-inspection on the property on 2/02/04 revealed that the corrective action had not been taken because the house has not been painted and the fence has not been replaced or removed. The Affidavit of Non-compliance is in the file. Chairman Bettor asked if there was anyone representing Bertha Robinson; no one came forward. Jimmy Peterman made a motion to confirm the case. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 25) Hearing to Confirm - #02-2958— Georgios Vihos —242 SW 7 Street Code Inspector William Dubisky, having been previously sworn in, came forward and requested that the case be dismissed. Mr. Dubisky said that the property had complied before the post board date. Gary Luedtke made a motion to dismiss the case. The motion was seconded by Jimmy Peterman and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 26) Hearing to Confirm - #02-3656—Phillip C. Reynolds—48 SW 11 Street Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 7/22/03. The re-inspection on the property on 2/02/04 revealed that the corrective action had not been taken because the rear building has not been painted, there is still debris on the property. The Affidavit of Non-compliance is in the file. Chairman Bettor asked if there was anyone representing Phillip C. Reynolds; no one came forward. Tim McLeod made a motion to confirm the case. The motion was seconded by Gary Luedtke and carried on the following roll call: Dania Beach Code Board Summary Minutes 15 February 2,2004 discussion of the previous board hearing. Jimmy Peterman made a motion to abate the fine to $1,500.00 because it was not a health hazard or a danger to anyone, and Mr. Soto did not understand what he should be doing, he tried to work with all the violations all at once. The amount should be abated to $1,500.00 plus the recording fee. The motion was seconded by David Nuby and failed on the following roll call: David Nuby-yes Judy Jensen- no Jimmy Peterman-yes Gary Luedtke-no Judith Tulacro-no Richard Bettor-yes Chairman Bettor asked for another motion since the vote was 3:3. David Nuby made a motion to abate the amount to $1,700.00 plus the recording fee for a total of $1,800.00. The motion was seconded by Jimmy Peterman and failed on the following roll call: David Nuby-yes Judy Jensen- no Jimmy Peterman-yes Gary Luedtke-no Judith Tulacro-no Richard Bettor-yes Chairman Bettor asked for further discussion. Judith Tulacro made a motion to divide the fine into half, making it $2,500.00 which would include administrative cost. Attorney Ryan said the reason is that Mr. Soto had multiple violations and Mr. Soto corrected the fence violation last. The motion was seconded by Gary Luedtke and failed on the following roll call: David Nuby-no Judy Jensen- no Jimmy Peterman-no Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes Judy Jensen commented that the reason for her votes is because she does not see any evidence in Mr. Soto trying to communicate with the code officer. Jimmy Peterman commented that the reason for his votes is because the $5,000.00 is outrageous for a fence violation. After further discussion, Chairman Bettor asked for another motion. Attorney Ryan said that the motion would be no recommendation by the board. Chairman Bettor addressed Mr. Soto in restating that the board could not decide on an abatement amount. Mr. Soto asked if he will receive a letter; Chairman Bettor confirmed yes with board clerk Gloria Brandes that a letter will be sent to notify Mr. Soto to appear before the commission. 6) Request for Abatement - #CEB03-4022 — Joseph J. & Alisa Herold — 4542 SW 25 Avenue Code Inspector Gary Phaneuf came forward, was sworn in, and gave the following testimony. This was originally heard by the board on 10/06/03 for 1 abandoned vehicle violation. The board issued an order giving the defendant 45 days to comply or a fine of$30.00 per day would be levied. The compliance date was 12/07/03, but the defendant did not come into compliance until 1/26/04. The fine ran from 12/07/03 thru 1/26/04 for 50 days at $30.00 per day which equals Dania Beach Code Board Summary Minutes 4 April 5, 2004 $1,500.00. The fine was confirmed at $500.00 on 2/02/04 with the stipulation that the $500.00 be paid within 60 days from 2/02/04 or the fine would revert back to the original fine of $1,500.00. Chairman Bettor asked if there was anyone representing Joseph J. & Alisa Herold. Joseph Herold, 4542 SW 251h Avenue, Ft. Lauderdale, came forward and was sworn in. Mr. Herold said that he was residing in North Florida upon having the first violation. He had an accident where a car had fallen on his arm, and several arteries and tendons were severed. He went through two surgeries for the arm, and at the same time his mother was having cancer operations. In the course of all that was happening the boat trailer sticker had expired. At the end of October, Mr. Herold went to his mother's funeral. The boat and the trailer have always been registered. Upon returning home, he received a replacement sticker in order to comply the trailer. Mr. Herold said that there has been some other problems including not being employed, and now he is facing bankruptcy. He is now asking the board for some understanding in his matters. Gary Luedtke asked Mr. Herold if he had provided proof of the vehicle registration at the October board hearing. Mr. Herold said yes it was registered at the time, but then it expired and he had to renew it. The renewed sticker had come in but Mr. Herold's fianc6 had misplaced it, and the Department of Motor Vehicles would not issue a replacement sticker without Mr. Herold's signature. At this time, Mr. Herold said that he was not in South Florida to sign for the new sticker. Attorney Ryan said that the abatement request is for the $1,500.00. Judy Jensen made a motion to abate the fine back to $500.00 based on personal problems. The motion was seconded by David Nuby. Mr. Herold said that until he goes back to work, he cannot pay the fine. Judy Jensen asked Attorney Ryan if installments could be paid on the fine. Attorney Ryan replied that the repayment amount would depend on how the commission would accept the payments. Judith Tulacro amended the motion to state that the fine could be abated along with arrangements for payment to be made. Judy Jensen restated the motion to abate the fine to $300.00 because of personal problems. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Judy Jensen- yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes Attorney Ryan told Mr. Herold that he will receive notification of when to appear before the city commission meeting. Dania Beach Code Board Summary Minutes 5 April 5,2004 AGENDA REQUEST FORM CITY OF DANIA Date: 5/04/04 Agenda Item#: • Title: Request for Abatement Requested Action: Consideration of the Abatement Request for 02-2843— Bertha Robinson —738 S. W. 3 Place Summary Explanation & Background: This property was originally cited on 7/18/02 for 6 violations. The defendant was given 30 days to comply and she did not comply. This case was brought before the code board on 10/06/03 for the remaining 4 violations and the code board issued an order giving the defendant 30 days to comply or a fine of$125.00 per day would be levied. The compliance date was 11/22/03 and she did not comply until 4/06/04. The fine ran from 11/22/03 to 4/06/04, 136 days at$125.00 = $17,000.00 plus $100.00 recording fee = $17,100.00 owed. The fine was confirmed on 2/02/04. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending by 50% ($8,550.00). (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 101006/03, 2/02/04 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 abatement by 50% ($8,550.00) because Barbara Robinson, Personal Representative, lives out of town and was on work probation and could not visit property. She evicted tenant that caused violations and corrected violations within 10 days after evicting tenant. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk I 4�:� INTEROFFICE MEMORANDUM CITY OF DANIA BEACH qW TO: City of Dania Beach Commission FROM: Richard Bettor, Chairman Dania Beach Code Enforcement Board RE: Request for Abatement Case # 02-2843 Bertha Robinson 738 S. W. 3 Place DATE: May 4, 2004 This was originally heard by the code board on 10/06/03 for 4 violations. They were Ch. 8 for failure to paint building, Ch. 8 for failure to replace or remove fence which is in disrepair, Ch. 22, failure to trim vegetation over streets and sidewalks 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 $125.00 per day would be levied. The compliance date was 11/22/03 and the defendant did not comply until 4/06/04. The code enforcement board, after hearing testimony on 5/03/04, by majority vote, recommends abating the fine by 50% ($8,550.00), because Barbara Robinson, the Personal Representative, lives out of town and was on work probation and could not go to the property. She evicted the tenant that caused the violations and corrected the violations within 10 days after the eviction. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD is and Bettor,It,hairman RB/gb CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE 02-2843 municipal corporation PLAINTIFF, FINAL ORDER VS. BERTHA ROBINSON DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 6, 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, Bertha Robinson, did allow the following code violations to exist at property Defendant owns located at 738 S. W. 3 Place, Dania Beach, Florida, which property is legally described as: COLLEGE TRACT 2ND ADD 19-19 B LOT 30 BLK 11 (#1203 36 0740): 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 and maintain building which is discolored and has peeling paint. FINAL ORDER #02-2843 PAGE 2 2. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(4)(f). Minimum standards for dwellings, hotels, and rooming houses. General requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to replace or remove fence which is in disrepair. 3. Chapter 22, Streets and Sidewalks, Sec. 22-5(i)d. Failure to cut/trim vegetation over sidewalks and streets to 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. 4. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the property and to mow/cut and maintain weeds and grass. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Bertha Robinson: (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 $125.00 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, Bertha Robinson, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $125.00 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. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-2843 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 day of 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Be or, Mairperson Notary Seal: Sworn and subscribed before me this �3 day of 06• 2003. WO—TARk PUBLIC ,%tATE OF FLORIDA Richard Bettor is personally known to me. p-0" ckxraJsranaes Y ' My Commission DD187260 a a� Expuas May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-2843 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Bertha Robinson, this c:23 day of CC& , 2003. CERTIFIED MAIL 7002 2030 0003 2168 5667 6��- 1'J&W'440 CODE NFORCEOtNT bOARD CLERK APPROVED TO FORM AND CORRECTNESS TIM RYAN, S(ECIAL CITY r ORNEY Xc: Bertha Robinson, 2048 Cobblefield Cir., Apopka, FI 32703-3639 Certified Mail 7002 2410 0007 0834 1591 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 INSTR#103808869 OR BK 37062 Pages 32-36 RECORDED 03/15/0410:19:41 PREPARED BY: BROwARD COUNTY COMMISSION TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 2000 Special City Attorney #10,5 Pages City of Dania Beach 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 27 day of February, 2004 CITY OF DANIA BEACH Patricia Varney Finance Director ROBINSON File: CEB 022843 FINAL ORDER 1203-36-0740 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #02-2843 Municipal corporation PLAINTIFF, FINAL ORDER vs. BERTHA ROBINSON DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector William Dubisky, on the City's Motion to Confirm Fine held on the 2"d day of February, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 23`d day of October, 2003, a Final Order in the above captioned case commanding the defendant, Bertha Robinson, to bring the violations specified in said Final Order into compliance on or before the 22"d day of November, 2003, or pay a fine in the amount of $125.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #02-2843 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: COLLEGE TRACT 2ND ADD 19-19 B LOT 30 BLK 11 (# 1203 36 0740). 3. That the Defendant, Bertha Robinson, 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, Bertha Robinson, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of , 2004 . DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairman Sworn to and subscribed before me this day of , 2004 By Richard Bettor, who is personally known to me. U a- ,t,4 ',a NOTARY PUBL C STATE OF FLORIDA Gods J Brandes J? MY�mission[)t)i 0 Ewres May 0. 7 o -) Return to: Macciano Lewis 2 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 SUPPLEMENTAL ORDER #02-2843 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Bertha Robinson, this o23 day of th ,Q, �,/ , 2004. CERTIFIED MAIL# 7002 2030 0003 2169 0012 04 IA-.,,lt/I- COD ENFORCE WENT BOARD CLERK A:77 ORM AND CORRECTNESS TIMOTHY RYAN,)SPE?,w'IAt CITY ATTORNEY xc: Barbara Robinson, Personal Representative, Estate of Bertha Robinson, 2502 Fletcher Street, Hollywood, FI 33020-5858 Certified Mail 7002 2030 0003 2169 0029 Also sent regular mail Return to: Macciano Lewis 3 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 INSTR#103808870 PR PARED BY: OR BK 37062 Pages 37-40 TIMOTHY M. RYAN, ESQ. RECORDED 03/15/0410:19:41 BROWARD COUNTY COMMISSION Special City Attorney DEPUTY CLERK 2000 City of Dania Beach #11,4 Pages 700 East Dania Beach Boulevard Dania Beach, Florida 33004 RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 27 day of February, 2004 CITY OF DANIA BEACH Patricia Varney Finance Director ROBINSON File: CEB 022843 SUPP.ORDER/CLAIM OF LIEN 1203-36-0740 loa•- Clw W x¢ FLORIDA July 18, 2002 BERTHA ROBINSON Case Number: 02-00002843 738 SW 3RD PL DANIA BEACH, FL 330044925 Location: 738 SW 3 PL Folio: 514203360740 Legal Description: COLLEGE TRACT 2ND ADD 19-19 B LOT 30 BLK 11 COLLEGE TRACT 2ND ADD 19-19 B LOT 30 BLK 11 Dear BERTHA ROBINSON: 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 August 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, Uj-'I:�"t-lb WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 0860 0000 5814 0643 by BETH DAGNON. `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us V1ULATION DETAIL PAGE 1 CASE NUMBER 02-00002843 PROPERTY ADDRESS 738 SW 3 PL -------------------------------------------------------------- VIOLATION: PUBLIC NUISANCES QUANTITY: 1 DESCRIPTION: CH 13 , SEC 13-23 DATE : 7/18/02 LOCATION: NARRATIVE Trash, junk, garbage, and all other materials stored on the property must be removed. Weeds and grass must be mowed/cut and maintained. ORDINANCE DESCRIPTION Violation of Chapter 13 , Section 13-23 ; Public Nuisance Violation. Property declared a public nuisance and must be placed into good condition. -------------------------------------------------------------- VIOLATION: CH. 14 , SECTION 14-2 QUANTITY: 1 DESCRIPTION: CH. 14 , SECTION 14-2 DATE : 7/18/02 LOCATION: NARRATIVE All inoperative and unlicensed vehicles, trailers, and vessels must be removed from the property. ORDINANCE DESCRIPTION : Violation of Chapter 14, Section 14-2 ; Junked and Abandoned Vehicles; Public Nuisance . The storage or parking of all inoperative vehicles, trailers, and vessels is creating a public nuisance . -------------------------------------------------------------- VIOLATION: MINIMUM STANDARDS-PAINT QUANTITY: 1 DESCRIPTION: CH 8,ART II, PS, SEC 8-21A5A1&2 DATE: 7/18/02 LOCATION: NARRATIVE Remedy will be to paint .and maintain building. ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) & (2) ; Minimum Standards for Dwellings, Hotels, and Rooming Houses . Maintenance and Appearance Standards . The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti, peeling paint and with uniform colors void of any evidence of deterioration. -------------------------------------------------------------- VIOLATION: CH. 8 ,ART II, SEC 8-214F QUANTITY: 1 DESCRIPTION: CH 8 ,ART II, PS, SEC 8-21 (4) (F) DATE: 7/18/02 LOCATION: NARRATIVE CONTINUED VIULATION DETAIL PAGE 2 CASE NUMBER 02-00002843 PROPERTY ADDRESS 738 SW 3 PL NARRATIVE : Fence must be replaced or removed. A permit is required for replacement . ORDINANCE DESCRIPTION Violation of Chapter 8, Buildings, Article II, Property Standards, Section 8-21 (4) (f) . Minimum Standards for Dwellings, Hotels, and Rooming Houses . General Requirements for all dwellings, dwelling units, hotels, hotel units, rooming houses, and rooming units . Fences shall be maintained in a good state of repair. -------------------------------------------------------------- VIOLATION: CH 22, SEC 22-5 (I) D QUANTITY: 1 DESCRIPTION: CH 22 , SEC 22-5 (I) D DATE: 7/18/02 LOCATION: NARRATIVE All vegetation over sidewalks and streets must be cut or trimmed. ORDINANCE DESCRIPTION Violation of Chapter 22, Streets and Sidewalks, Sec. 22-5 (i) d. All trees shall be kept trimmed by the abutting property owner or tenant and shall have a clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath them without interference. -------------------------------------------------------------- VIOLATION: CH. 22, SECTION 22-5 QUANTITY: 1 DESCRIPTION: CH. 22, SECTION 22-5 DATE: 7/18/02 LOCATION: NARRATIVE Pyramid-shaped blocks must be removed. ORDINANCE DESCRIPTION : Violation of Chapter 22, Section 22-5; Street and Sidewalk Use of Swale Area. Pyramid-shaped blocks are not permitted in swale areas (public right-of-ways) and must be removed. Only domed-shaped blocks are permitted. holding the first check that was due in October in an Escrow. Judy Jensen made a motion to continue the authorization. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Board Clerk Gloria Brandes asked if there was a time certain on the continuance. Attorney Ryan said that he will notify the city if the payments are not coming in as agreed upon. 25) #02-2843 Bertha Robinson 738 SW 3 Place Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and said that the case was heard last month, but is now asking to reconfirm the case due to the owner's new address. Proper notice was sent. The order last month was for 30 days or $50.00 per day. Gary Luedtke asked if some of the violations were complied. Mr. Dubisky said the Chapter 14, and Chapter 22, use of Swale are in compliance. A decision was made to rehear the case. 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 overgrown vegetation; Chapter 14, Section 14-2, inoperative and abandoned vehicle; Chapter 8, Article 11, Section 8- 21 A5A 1&2, paint violation; Chapter 8, Article lI, Section 8-214f, fence violation; Chapter 22, 22-5 (I)D, trees overhanging streets and sidewalk; Chapter 22, Section 22-5, use of swale with Pyramid blocks in the swale. As of today, the property is still in violation of Chapter 13, there remains miscellaneous trash and debris; Chapter 8, the building has not been painted; Chapter 8, the fence has not been replaced or removed; Chapter 22, the trees overhanging the streets and sidewalks remain in violation. Chapter 14 and Chapter 22 have complied. Mr. Dubisky submitted four photos into evidence. The first contact was 7/18/02. Gary Luedtke made a motion, that notice was properly served, to adopt the findings of fact on Chapter 22, dome-shaped blocks and Chapter 14 vehicles. As for the remaining violations, that the offender be given 30 days or a fine of$125.00 per day thereafter. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 16 October 6,2003 Pinsky said that the motion could include a stipulation that if the fine of$500.00 is not paid within 60 days then it will be $1,500.00 confirmed. The motion carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 24) Hearing to Confirm -#02-2843 —Bertha Robinson —738 SW 3 Place Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 11/22/03. The re-inspection on the property on 2/02/04 revealed that the corrective action had not been taken because the house has not been painted and the fence has not been replaced or removed. The Affidavit of Non-compliance is in the file. Chairman Bettor asked if there was anyone representing Bertha Robinson; no one came forward. Jimmy Peterman made a motion to confirm the case. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 25) Hearing to Confirm -#02-2958—Georgios Vihos—242 SW 7 Street Code Inspector William Dubisky, having been previously sworn in, came forward and requested that the case be dismissed. Mr. Dubisky said that the property had complied before the post board date. Gary Luedtke made a motion to dismiss the case. The motion was seconded by Jimmy Peterman and carried on the following roll call: Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes 26) Hearing to Confirm - 902-3656—Phillip C. Reynolds—48 SW 11 Street Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Pursuant to the board's order, corrective action was to have been taken on or before 7/22/03. The re-inspection on the property on 2/02/04 revealed that the corrective action had not been taken because the rear building has not been painted, there is still debris on the property. The Affidavit of Non-compliance is in the file. Chairman Bettor asked if there was anyone representing Phillip C. Reynolds; no one came forward. Tim McLeod made a motion to confirm the case. The motion was seconded by Gary Luedtke and carried on the following roll call: Dania Beach Code Board Summary Minutes 15 February 2,2004 Mr. Shore clarified for his understanding that he will be back at the code board meeting in four months. Attorney Ryan said that in four months the board will determine the progress that would have been made. 5) #04-0047 Sovereign International Properties Inc. 303 N Federal Hwy 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, return receipt is in file, property was posted, Affidavitrof Service is on file, also sent via first class mail. The defendant was first notified of the violation on 2/24/04. This is a violation of Chapter 15, Section 15-1, Occupational License, operating a business without a valid Occupational License 1VIr: Johnson said that the city's building official will have further testimony. Building Official Kenneth Koch came forward, was sworn in, and gave the following testimony: Mr. Koch said that the permit application is being corrected by the fire department for the work that was done in the building. The Occupational License is on hold because the permit has not been issued. Chairman Bettor asked if there was anyone representing Sovereign Internati real Properties. Eula.Gardner, 21295 N. Miami Avenue, Miami Gardens, FL, 33169zcame forward aril was sworn in. Attorney AQk".. .. Ryan asked Ms. Gardner how is she representing the case. Ms. Gardner responded that Mr. Asham has asked her to represent him in,the case. Ms. Gardner said that Mr. Asham has Wapplied for the license because he is the property owner. Mr. Asham is occupying the building. The plans are being corrected in order to have the permits, 'issued Ms Gardner askedfor a 90 day extension because she has spoken with Mr Asham- architect an&,the city planner to submit correct plans. There was some discussion",'Amon the board members in respect to the turn around inne it Rwould7take for plans to be approved and the license be issued. Attorney Ryan suggested that 90 days could be granted by the board to get the permits approvedTim McLeod made a motion, to adopt the findings of fact by the;code officer, that, the violations do exist, to give the respondent 90 days to comply'or a fine of,$150.00 per day. The motion was seconded by David Nuby and carried on the following roll call: David Nuby-yes` Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Jay Hamilton-yes 6) Request for Abatement - #02-2843 —Bertha Robinson— 738 SW 3 Place Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. This originally came before the board on 10/06/03 for 4 violations. The board issued a final order giving the defendant 30 days to comply or a fine of$125.00 per day would be levied. The compliance Dania Beach Code Board Summary Minutes 3 May 3,2004 date was 11/22/03, but the defendant did not comply until 4/06/04. The fine ran from 11/22/03 thru 4/06/04 for 136 days at $125.00 per day which equals $17,000.00 plus $100.00 recording fee for a total of $17,100.00. The fine was confirmed on 2/02/04. Chairman Bettor asked if there was anyone representing Bertha Robinson. Barbara Robinson, 2048 Cobblefield Circle, Apopka, FL 32703, came forward and was sworn in. Attorney Ryan asked Ms. Robinson how is she related to the owner Bertha Robinson. Ms. Robinson replied that Bertha Robinson is her deceased aunt. Judy Jensen asked when did Bertha Robinson pass away. Barbara Robinson said that Bertha Robinson passed away in 1992. Attorney Ryan asked if there is an estate open, a proceeding to pass the property from Barbara Robinson's deceased aunt unto her or 'any other beneficiaries. Barbara Robinson yes there is an estate and she Ms.1Robinson is the personal representative. Chairman Bettor asked Mr. Jo,hnsori to review the original violation. Mr. Johnson said that the original ,violations were junk, trash, weeds and grass that needed to be mowed and maintained. There were,some inoperative vehicles, the property needed painting, ai'd the fence had to be removed or repaired. Tim McLeod asked why did%it take so long to bring the property into compliance. Barbara Robinson replied that she does not reside at the:"property but in Apopka Florida. She was renting the property. Tim McLeod asked if Ms. Robinson had checked on the;,property. Ms Robinson said yes that she used to check on the property but had"not been there due to getting a job in Apopka. She had her cousin collect the rent She 5had heard about tho"Violations through her next door neighbor who called her to statte'th at'the city was issuing a lien against the house. Attorney Ryan asked .Where were;,the notices sent to notify Ms. Robinson. Ms Robinson said that the tenant living in the house had intentionally not send her the mail .1VIr. Johnson said that the tax records have the mailing address of, 38 SW 3`d Rlace. Jimmy Peterrnan asked when did Ms. Robinson find out about the property , sN. Robinson said in December. Ms. Robinson said that after,being told aboutithe lien''on thep operty by Silvia Miller, she had called the city and was told about=the fence, the yard and the tree. Ms. Robinson said that she knew she needed the°tree to be cut and the fence removed. Ms. Robinson said that the tenant had agreed"("`,upkeep the yard but did not do so. The tenant said that she had moved to New York and did not upkeep the property, and in Februarys Ms. Robinson came and told the tenant that she had to move. Ms. Robinsonhad to evict the tenant. Chairman Bettor asked Ms. Robinson if she had paper to prove the=eviction. Ms. Robinson submitted some proof. Attorney Ryan asked Ms. Robinson if she had the letters of administration by the court, the probate documents. Ms. Robinson replied no. Attorney Ryan reviewed the court eviction document by the Broward Sheriffs Office, which showed that the tenant had been vacated on 3/31/04. The corrective action had taken place on 4/06/04. Attorney Ryan stated it shows that it took ten days for the property to be brought into compliance after the tenant had been evicted. Judy Jensen asked if the painting had been done. Ms. Robinson replied yes, Chairman Bettor said everything would have been done based on the compliance date. Another representative came up to state that the property had been through probate. Chairman Bettor asked for the representative to be sworn in. Latonya Nelson, Dania Beach Code Board Summary Minutes 4 May 3,2004 2541 Rodman Street, Hollywood, FL 33020, was sworn in. Ms. Nelson said that there is a probate number and according to the lawyer it had already gone through probate. Attorney Ryan stated that if a probate had gone through it would show a transfer of title. Attorney Ryan said that the new owner is not showing on the property appraiser's record. Attorney Ryan suggested to Ms. Nelson to check with her attorney to show that the deed had been properly recorded. Jimmy Peterman said that the problem lies with Ms. Robinson not checking on the violation for 136 days. Ms. Robinson said that she had not checked the property because she was out of work due to a broken foot, and later she was on probation with a new job. Ms. Robinson said that she had her cousin check on the property. Judy Jensen clarified with Ms. Robinson that she was aware of the violation in December. Ms. Robinson said yes she was aware of the situation in December because she did get the tree cut and the fence removed. Jay Hamilton asked Ms. Robinson when did she rectify painting the house and removing the ehicles Ms .;Robinson said there were no vehicles except the tenant's vehicle: Mr.`Johnson s111 that the vehicle, Chapter 14, had complied at the board hearing. David Nu by suggested a motion, that the findings of fact was established, that 'the defend ant dtd correct the violation at a later date and to abate'the amount to $500.00. Boar''.I rk Gloria Brandes asked Mr. Nuby for his reason. Mr 'Nuby said that the reason is due to Ms. Robinson not knowing of the violations earlier, otherwise she would have corrected the violations. She was also out of work.,due to a broken foot and moving out of the area was difficultfor. Ms. RobinsonMto`maintain the property. The motion did not have a second. Ms Nelson said that legally on 3/07/04 was the first time she was able to go 'on the property to show the property. Judy Jensen asked Ms"Nelson if she was the realtor who would rent or sell the property. Ms Nelson said she is the,realtor who would sell the property. Tim McLeod made a-motion to abate the fineto 50%. The motion was seconded by Gary Luedtke. "Board Clerk,,Gloria Bran des asked for a reason on the motion. Attorney Ryan sai&that the-reaspoa is that the personal representative was out of town was on work probation, had a broken foot, and she took corrective action quickly after the tenant was removed. The motion carried on the following roll calk David:Nuby-no Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes Jay Hamilton! ' Attorney Ryan told Ms. Robinson that the board is only a recommending body and that she would receive notice. Attorney Ryan asked Ms. Robinson to provide her Apopka address so she would receive notice to go before the city commission. 7) Request for Extension - #03-5093 —Lawrence De Brito 60%, Robert De Brito Et Al—4055 SW 50 Street Code Inspector Eric Baker came forward, was sworn in, and gave the following testimony. This was originally heard by the board on 2/02/04 for 1 violation. The Dania Beach Code Board Summary Minutes 5 May 3,2004 April 23, 2004 Certified Mail 7001 0360 0000 4110 7437 Bertha Robinson c/o Barbara Robinson 2048 Cobblefield Cir. Apopka FL 32703-3639 - Re: Notice of Violation 738 SW 3 PL, Dania Beach FL 33004 College Track 2"d Add 19-9 B Lot 30 Blk 11 Folio #1203-36-0740 Dear: Ms. Robinson, for Bertha Robinson 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 20t" 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, Fernan A. Vazquez, P.E.: Dire or of Public Services � w � 2 / Wa. D � � O 0 co LLI 2 / 2 � _ k $ / JLLc) G CN _ o 0 L. k cli C) -q kJG \ G 0 E E o m k ƒ / . @ L f E m � ® � / CD � \ / � � e � m � k / M ¥ _o m / \ E U) 2 2 = o e n o f c c E ® / f z 2 0 :X 2 ® w ■ § C a 9 0 2 E ¢ 2 n moo ƒ J2 / 0 z ® IL a m E q. 0 9 g n 6 3 / @ / Cl) 9 q % § k / CD c _4 _ CO o / k / LO Q § N 0 a I V) cu « _ % U) 7 T £ V) u O -j 0 / / k $ 2 - « L- � 0 myE RoE2 0 ƒ D / 2 :: 0LL -1 « ¥ E ct U CLAIM OF LIEN 114STR # 101431494 0R laic 32281 PG B93 THE CITY OF DANIA BEACH, FLORIDA, a municipal hit:1wh o ]ulet-levul W:4U NM corporation organized and existing under the laws of the UA41ig15:i1UN State of Florida, on 2-5-01 fumished; 61101406 t:01 y ilr.,"W Y Ia kriK -'U(.K) 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 2nd Add Bertha Robinson 1203 36 0740 $360.00 10-15-01 19-19 B Lot 30 Blk 11 with interest thereon at the rate of twelve percent (12%) per annum from 10-8-01 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: CITY OF DANIA BEACH BY: « Ins David E Keller, Finance Director STATE OF FLORIDA) COUNTY OF BROWARD) SS. SWORN TO AND SUBSCRIBED before me this day of v�- , 2001. By David E Keller, Finance Director, personally known to me. Notary Public This instrument was prepared by My commission expires and Return to: David E Keller, Finance Director CITY OF DANIA BEACH �,: SHARON�RENTtCE P. O. BOX 1708 1.4Y COMMISSION#CC 834299 Dania Beach, FL 33004 ,a EXPIRES:May 9,2003 Banded TTru Notary FV*Under"em FA FOR--- rimE4C.z14_PM 1011512001 10:30:25 AM UPHONE A lL MESSAGE "2 Lall __ i i TEI..EPHONED yt ��,t�jtL RETURNED YOU P CALLL _ ante 421.50 ElPLEASE CALL 0 V,111-L',ALL AGAIN GAINAE 10 SEE YOU ins. Balance 17 - VVAN I'S TOSF E Y(51j )unt SIGNED 57. 33- 421 .50 64. 34 478 .83 3.49 424 .49 2001/08/29 205069 UTILITY BILL CYC 2001 54, 34 421 .00 2001/08/28 91070 PAYMENT, THANK YOU 60.00- 366 .66 2001/08/15 202260 Penalties-Customer 42 3. 51 426 .66 2001/07/30 86738 PAYMENT, THANK YOU 71.03- 423 .15 2001/07/25 199034 UTILITY BILL CYC 2001 58. 72 494 .18 2001/07/19 197853 Penalties-Customer 42 3. 58 435 .46 2001/06/28 193131 UTILITY BILL CYC 20011, 431.88 431 .88 12001/06/281 182262 1 IPAYMENT, THANK YOU 100. 73-1 00 OCC Exit I Previous i � h CITY OF DANIA BEACH Utilities and Public Works Phone : 954-924-3742 P. 0. Box 1708 Fax: 954-923-1109 Dania Beach FL 33004 September 24, 2001 Bertha Robinson 738SW3PL Dania Beach FL 33004 Dear Ms. Robinson, On February 2, 2001, a trash citation was placed on your property, allowing you 3 days to remove the tree cuttings that were placed out before the designated time. On the second inspection it was found at these cuttings were not removed — the City removed them as stated on the citation. On your .,une 2001, water bill a charge was placed in the amount of$360.00, for the service that the City provided. As of this date you have neglected to pay this portion of your water bill. I have no alternative but to submit to you a final certified mailed statement attached to this letter. If this statement is not paid by the allotted time a lien will be placed against your property. Sincerel G, CZ Ro ert (Bud) Palm, Director of Utilities/Public Works I / ■ Complete items 1, 2, and 3.Also complete A. Receiv by( lea a Pri t Clear/yJ B. D t iyery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ,o that we can return the card to you. C. Sig tur ttach this card to the back of the mailpiece, / or on the front if space permits. ❑Ad'dr se see 1. Article Addressed to: D. Is d addres erent rom item 1? Yes !renter deli ery address below: ❑ Nc Certified mail 5145 Bertha Robinson 738SW3PL 3. Servic e Dania Beach FL 33004 ertified Mail ❑ Express Mail ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number(Cow/rom service label) 7 PS Form 3811,July 1999 Domestic Return Receipt 102 5-00•M•0952 'k / u1 -r Ir9 Ln T -- Pass�e ¢ r t,f A/V `-- - / Er ni Ce:ifi4• FeA th�"t� n r r ipt g" , l7 tM . Total Postage.X ees i J 7 M Certified mail 5145 ---- '� Bertha Robinson o � 738SW3PL C3 ; Dania Beach FL 33004 I l - CITY OF DANIA BEACh xFj`m PUBLIC WORKS DIVISIOP P0 BOX 1701 DANIA BEACH FL 3300, 954— 924-374. September 24, 2001 STATEMENT CERTIFIED MAIL 7000 1530 0002 9031 5145 LET'S PITCH IN TO KEEP OUR NEIGHBORHOODS CLEAN I Re: Legal Description: College Tract 2nd Add 10-19 B Lot 30 Blk 11 Tax Folio: 1203 36 0740 Location: 738 SW 3 PL Owner: Bertha Robinson 738SW3PL Dania Beach FL 33004 Dear Property Owner: Pursuant to written notice06938, posted by the Public Works Department 2-5-01, referenced property was cleared of trash on 2-8-01, and in accordance with said notice, the sum of$ 360.00 is due and payable to the City of Dania Beach: Clearing: $ 360.00 TOTAL $ 360.00 Demand is hereby made that said sum of$ 360.00 be paid to the City of Dania Beach on or before the 10-8-01. 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, Robert "Bud" Palm, Public Works/Utilities Director RJP/cjf Vata Display tbr Folio Number ntip:i/www.Dcpa.neumpa/tiwwfCbUjLb.10110_VUL W 0 PJ,_'P 1 API T A 1,S F. Previous Next \_J C',�_'N 1,11 1). Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes Site 738 SW 3 PL Address Dania Property ID# Legal Description 514203360740 COLLEGE TRACT 2ND ADD 19-19 B LOT 30 BLK 11 Mill Qe Code Property 0443 ROBINSON,BERTHA Owner Use Code Mailing 738 SW 3RD PL 01 Address DANIA FL 33004-4925 Property Assessment Values Year Land Building Land Value AG Total Tax Current 20,000 15,910 35,910 2000 25,000 13,450 38,450 .00 1999 17,500 13,450 30,950 .00 Save Our Exemptions Horne Value Type Wid/Vet/Dis Homestead Non-Exempt 19,630 19,630 Sales History Land Calculations Date Type Price Book Page Price Factor Type 03/64 W 9,200 400 50.00 FF 40j,8!dg_.S,.F. 864 1 of2 9/24/01 8:09 AM 1 ❑ x Functions Options F�elp > 9;0712001 10:20:19 AM` t? Ita MW r Account #- 42700320.01 ROBINSON,BERTHA _ Service4dd6ss-"738 SW 3PL Position to Date r- Owner Balance 421.00 Select Details Transactions Invoice Invoic Receip Bal Invoice Description Trans. Balance = Date e t Grp Amount 001/08/29 205069 UTILITY BILL CYC 200J 54. 34 421 .00 001/08/28 91070 PAYMENT, THANK YOU 60. 00- 366 .66 001/08/15 202260 Penalties-Customer 4� 3. 51 426 .66 001/07/30 86738 PAYMENT, THANK YOU 71 . 03- 423 .15 001/07/25 199034 UTILITY BILL CYC 200J 58. 72 494 .18 001/07/19 197853 Penalties-Customer 4; 3.58 435 .46 001/06/28 193131 UTILITY BILL CYC 2001 431 . 88 431 .88 001/06/28 82262 PAYMENT, THANK YOU 100. 73- .00 001/06/20 190406 Penalties-Customer 42 .83 100.73 001/05/30 187284 UTILITY BILL CYC 2001 99.90 99 . 90 001/05/14 76324 PAYMENT, THANK YOU 54. 34- .00 OK_ Egit I Previous l i 1 C3)1 ci Z 0 Z Z m or 0 8 OL L) cl(D < a z 0 m M w z UJ L) z 0: 0 < ui LU W 0 ui WEWQZa < Ll-u -i UJ !!r. LL < -j z 0 Lu LL. < w W Z uj 2 _5 0 0 CL) L- m 0 -jz4c5zuzz _0 UL -i I o X 5 Lu V) LLJ X It CD -0 -05 u E < w CL Ix z LLJ X x E (D w C.) m z a U- F- z -0 m 0 0 -5 E L -0 Co a) 0) 0) E z < 2 U) it < Q City Of Dania NEIGHBORHOOD BEAUTIFICATION CREW NOTICE OF VIOLATION IN ORDER TO PROMOTE CLEAN LIVING CONDITIONS AND IMPROVE THE QUALITY OF LIFE IN OUR NEIGHBORHOODS, THIS NOTICE IS BEING ISSUED FOR: ADDRESS: C' 3 w �I Trash,etc. placed out before allowable time for pickup ❑ Trash exceeds allowable maximum amount(6 cubic yards)or is not bundled properly (see comments) ❑ Bulk trash is mixed with garbage or yard trash ❑ Loose grass and/or leaves must be placed in a container Comments Ci'ff -'� This is a violation of Chapter 13; Section 13-69(b)(2),(d)&(e)(3). i To avoid a charge equal to one and a half times the usual amount of a special pickup, PLEASE have violation corrected within(3)three working days of the date on this notice. For more information or to r nge for an estimated cost for a special pickup, please cam LET'S PITC IN TO KEEP OUR NEIGHBORHOODS CLEANI Any Suggestions, Problems, Ideas,Questions? Please feel free to call your PUBLIC WORKS DEPT. at 921-8700 x323. c- CREW LEADER DAT ' Jl i j I r X;r a u r' zi i vr:�� w Pig, z y v y � "rs}y.. y y ak: x C h. a¢ 'gqx c✓ ...«y'."" � r 9r. � �k�Y..i�p�,� X' v„ a i yK �,aL Iq" _;�.r,'�•�.,4" }V '�`q ', �t 1 '�.�t,ri t..c p r ,�� � ,r ,t & q a r�,. t - Ia � r I ! y yam; i s � IS Now- 15, "m,6,✓.c„��0`'�`,�� � ,;...^r � ff r� {yt+Y''��" �i' �m a n d 4, ` � �.� x.., '.k [f q �a:: nYfi �*... Soo C VTY OF D A N I A B EA C F1 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 Fl. 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 201h 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 re-iqUesting the abatement of the liens. Sincerely, Fernando AV6z_ quez, P.E., Director of Public Services < $ . ui � . . p Q �c co 9 � 2 � a 04 Z 0 l R 'i � � / ¢ � « , w w w « � $ / 04 / 2 \JLLo UJ 0 Zk « D D § 7 zLU o � z « m k J % � d E U � w 0 £ Lu ® E k 2 ® E7 # ® ° ( @ m . / m w 2 � « a) M f. E a) O - � 6 � / Cl) n m LU d e § m D � o « R \ m 4. / = D 04 < = q � ® LU -i C) a � Q 2 0 M 6 m m m w w z k E w LL . O O \ o IA / o O 7 � O .. * � o ƒ « 2 � 22 o � 2 $ k � e :X_ > O Z RI £ § ® _ # Lu 2 w m « 0 2 2 0 / c 9 U Q 2 R o R 2 § 0 / q 2 � qq W14Wq D. � 2 ƒ t 2 a 2 9 # # 2w « q � q / � � / / C \ _ § - U %JCL 2 \ % % q 00 F2 U) > ± Uk » ƒ ? n CII) 2 0 0 - ' j � / , U) o E 2 Me . U) (D 04 0 . woQk ( � / ƒ $ LT M 2 a kd22 0 � � / ƒ k d / : \ 0 U- -i < - e E 2 2 6 5 ® 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. ® Print your name and address on the reverse so that we can return the card to you. C. Signature ® Attach this card to the back of the mailpiece, X ,I, Q ❑Agent or on the front if space permits. 1{ ❑Addressee 1. Article Addressed to: D. Is deliv address different from item 1? ❑ Yes If YES,enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 7001 0360 0000 4110 7680 'S Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952' t Liberia Economic & Social Development, Inc. 3100 N. 24 Avenue - Building #1 - 1" Floor Hollywood, Florida 33030 March 25, 2004 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, ` eery L. G � ExecutiveDirector HLG:the PHONE:954.921.2371 FAx: 954.921.2593 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-'Enfq cement Board recommendation to reduce the fine to $40,700.00 based on this being a rental, property. The motion died for lack of a second. A motion was made by Vice-Mayor Flury, seconded by Mayor-ehunn,_to_apatc tho fnA.tr) $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 CLAIM OF LIEN INSTR#103124838 OR BK 35618 Pages 719-719 THE CITY OF DANIA BEACH, FLORIDA, a municipal RECORDED 07,17/03 13:27:13 corporation organized and existing under the laws of the State BROWARD COUNTY COMMISSION P 9 9 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 6/11/2003 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 ll, 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" day of , 2003. By Patricia Varney Director, personally known to me. 5 24446 —�� Notary Public This instrument was prepared by My commission expires and Return to: Patricia Varney Finance Director CITY OF DANIA BEACH PV i RORONMNnCE P. O. BOX 1708 =�, ;� Notory P -State of Florida Dania Beach, FL 33004 �MCv9'2oo� gd,T Comm #Dp 1$1004 iiN00 v1 ���SSf1... r W a � a OT- to m M �O 00 O ca F— M a o0 d U o M d C O N Q vi E I c0 r� E N cD N G o .� � C M _ o <n o r ZN c rn -p -0 O �i �° o } N d E c o 0 W J = Q C) m - U E Zr C W O O o N0 CD J J E 0 04 ~ r X N Qs O m CVO V Ln 0 C 3 �rj N � M a V4 � d 000 - O co co o 4 N N ONTO 613, N W J Q E co O CO Q Ue F— 00 0 M C N U FMJQ toH wN U a) i � N a N U C Nr0 , C Nt 0C , co N �O N O W W O Q ` e�C _ Q Oil v_> O W V C c Cl t 7 W C — — 0U. JQ :J F.- E � � UU Bea,Ch CITY OF DANIA 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: One'Iien.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 n D O N O D O DN �o-'C> ID ? 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(` O C v; or 3 0 - £ 3 o � p • N ❑ ❑ ❑ m n 00 0 oZ ID ` N N �yf ya CD N `1 y y CD -7.7w CITY OF DANIA BEACH Bea�h PUBLIC WORKS DIVISION 954-924- 3742 P 0 BOX 1708 DANIA BEACH FL 33004 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 mair4001 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 IV T D -4 QQ o fi owo 3o W C' � �- a t� oo r! O tIAT,Z 4"If o m y- 1 ,— —� O A N j� � wNT 0 ZYJ / OZO££T I3 007n0MJ�7"IOH C- p n a� 3 3 -- 1:S SV l✓noQ £orty o r O to 1D W N 1 d,Oa JS � (O Er d > W W 53 'ON �1�I A213S2TI11�I -- co ED C CD (D w m w 'm alicr D crdvmo2dg Hiflos �(D Q- C ` _ of JuaB w w ��] o 0 CD w 1£I '13 b885 WD I' C3 W w N ,dey r., .1sod�elol O O O n m �1:3 __a O N D ( annba O Er O (p O ---- --/ ------ P tf luamasjopu3) Q (D.< -N O aej.xml ap pa;�,n15aH � 3 , (D 3 0 +'e -- ---— --- C3 w m a3 a . J,. maF1 `, - �� �� - (P.ainbad;uawas�opuj) — aaj}dpoad uanpH O O O (D @ co a O m (D z n ED a w D Lll CD X o 03 chi (D ❑ ❑ fJ� �, Cn CD +,r � m (n � . j 0 o co � m � < ) m < ' CD o m ® mCD nM m a 3 O CLI n k_o O (D m f 3 •J ❑ ❑ ❑ ❑ ry -f CDZ D D :vl.o ... . Cl a R. AM CITY OF DANIA BEACH DIVISION OF PUBLIC WORKS > P.O. BOX 1708 ' F Dania Beach FL 33004 (954) 924w3742 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, Alf04_ _ � 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 I ® Complete items 1,2,and 3.Also complete 7C ,gnat d y Please int Clearly) B. Date of eliv ry item 4 if Restricted Delivery is desired. % ,f T> E3 Print your name and address on the reverse so that we can return the card to you. r M Attach this card to the back of the mailpiece, ❑ Agent or on the front if space permits. R Addressee Agent ivery ad event Gm item l? ❑ Ye■S . 1. Article Addressed to: If YES,enter deli ry address below: ❑ No CM 5631 CL 131 SO BROW CRADLE NURSERY 2203 DOUGLAS ST HOLLYWOOD FL 33020 3. S eType 1 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise I. ❑ 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-r,r.6V2 7001 0360 0000 4110 5631 0: a m� m $: _Z�� o 3 a 33 0 C) 3. W P. r O Q W N am C.m N °or � r �I� I ■ INs� W N � ' o /oar DC0019S.KDC 104102 131 a a Sk y - t ,^ o fi A It MAI` r.; r� �a IRS y ' r, Q Q , 1F� I'�a 9 '.Y�- "�"�'s yl .✓.,,�.s �'„M :ram AM Message Page I of I 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 Message Page 1 of 1 Nasser, Miriam 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 3/22/2004 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 ma mom WMRg fi#�,p r Farr y 4 x X 4�E a �3 s j R " s t eta nF s�/ � at y. 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' � r x% LAW OFFICES 1 715 RYAPT & RYAN, LLC THIRD FLOOR �licl 1 700eAST DANIA BEACH BOULEVARD DANIA BEACH,FLORIDA 33004-3090 i 3 � ARCHIE J.RYAN III TIMOTHY M.RYAN TELEPHONE(954)920-2921 CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247 JOSHUA S.PINSKY 'Board Certified City, May 14, 2 004 County and Local Government Lawyer Mr. Ivan Pato City Manager City of Dania Beach 1 Oo West Dania Beach Boulevard Dania Beach, FL 33ON Re: City of Dania Beach v. Davie Espeut CEB Case No. 0-2264 Our File No. 18874-D Dear Mr. Pato: On October 31,2003,the City filed a foreclosure complaint against property owned by Davie Espeut at 266 SW 8th Street, due to an outstanding Code Enforcement Lien. Subsequently, the mortgage holder on the property, who has an interest superior to the City, filed its Complaint to Foreclose. On April 8,2004, a Final Summary Judgment of Foreclosure was entered in favor of the mortgage holder,Mortgage Electronic Registration System,Inc. At that time,a foreclosure sale was scheduled for May 11, 2004. On .April 5, 2004, Davie Espeut entered into a. contract to sell the property to Apolonio Espinola. The purchase price for the house is $150,000.00. The sales price.is consistent with the certified appraisal provided to my office. A copy of the Contract for Purchase and Sale and the Appraisal are attached. The mortgage holder has postponed the foreclosure sale and has provided a payoff statement which demands payment of$127,766.07 in order to grant a full satisfaction and dismiss its foreclosure action. My office estimates that after the mortgagee is paid in full and after all reasonable and customary closing costs have been paid, there should be an equity remainder of approximately $14,000,00. 1 recommend that the City Commission modify its prior abatement of the City Lien which it had previously abated to $35,000.00 on ?March 18, 2004. The modified abatement order would require payment of$14,000.00 to grant a partial release of the Lien as to the property and as to the proposed purchaser. The lien balance would remain in full force and effect against Davie Espeut's interest in any real or personal property. It appears to be in the City's best interest-for the sale of the property to close and permit the new owner to enter the property and maintain it. If the property should continue through the Mr. Ivan Pato City Manager City of Dania Beach May 14, 2004 Page 2 foreclosure process, a greater period of time may lapse before an individual enters the property and brings it up to community standards. Please schedule this matter as an addendum to the May 20,2004 Special Abatement Meeting of the City Commission. If you have any questions regarding this matter,please do not hesitate to contact my office. Very.,t y yours, TIM ,THY M. RYAN TMR:cs Enclosures cc: Larry Leeds, Director of Community Development Gloria Brandes, Code Enforcement Clerk Louise Stilson, City Clerk LACarotine\dania beach\correspondence\patoI-espeut.wpd AGENDA REQUEST FORM CITY OF DANIA Date: 5/19/04 Agenda Item #: Title: Request for Abatement Addendum Requested Action: Consideration of the Abatement Request for#00-2264— Davie Espeut—266 S.W. 8 Street Summary Explanation & Background: This was originally cited 4/12/02 for five violations and given 10 days to comply. The defendant did not comply and this was heard by the board on 7/01/02. The board issued an order giving the defendant 45 days to comply or a fine of$150.00 per day would be levied. The compliance date was 9/14/02 and the defendant did not comply until 1/16/04. The fine ran from 9/14/02 through 1/16/04, 489 days @ $150.00/day =$73,350.00 plus $100.00 recording fee = $73,450.00 owed. The fine was confirmed on 3/03/03 and the board authorized foreclosure on the lien on 10/06/03. The commission heard a request for abatement on 3/18/04 and they have abated the amount to $35,000.00. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denial of the abatement. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 7/01/02, 3/03/03 code board meetings, and abatement hearings of 2/02/04 and 3/18/04. Purchasing Approval: Prepared By: Shariann Pearson, Code Enforcement Secretary Source of Additional Information: (Name & Phone) Recommended for Approval By: City Commission recommended the amount be abated to $35,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk MINUTES DANIA BEACH CITY COMMISSION SPECIAL MEETING ABATEMENT HEARINGS MARCH 18, 2004 1. CALL TO ORDER: Mayor McElyea called the meeting to order at 6:00 p.m. 2. ROLL CALL: Present: Mayor: C.K. McElyea Vice-Mayor: Bob Mikes Commissioners: Bob Anton Robert Chunn Pat Flury City Attorney: Tom Ansbro City Manager: Ivan Pato Acting City Clerk: Miriam Nasser 3. ABATEMENT REQUESTS: 3.1 Request by Davie Espeut, for abatement of Case #00-2264. Property located at 266 SW 8th Street. Josh Pinsky, Ryan and Ryan, P.A., stated that the property was originally cited for violations on April 12, 2002 and reported that the applicant did not comply. He indicated that the Code Board heard the case on July 1, 2002 and the defendant was given 45 days to comply or be faced with fines of $150 per day. He noted that the defendant did not comply until January 16, 2004 and the fine accrued was $73,350 plus a $100 recording fee. Attorney Pinsky stated that the Code Board denied abatement in their February 2, 2004 and he reported that this property was in foreclosure from the City and the mortgage holder. He indicated that the mortgage holder had the senior rights in this case and reported that the mortgage balance on the property was $114,937.18 and the property value was believed to be $150,000. The Code Board recommended no abatement. City Attorney Ansbro reminded the public that the Commissioners were there only to hear why applicants were seeking the abatement and would not rehear the cases. Davie Espeut, 9472 NW 45 Place and property owner of 266 SW 8th Street, stated that the violation notices were sent to the wrong address and that he knew nothing of the violations until he had received foreclosure notification, which was delivered to his parents. He indicated that once he became aware of the violations, he contacted Ryan MINUTES 1 MARCH 18, 2004 SPECIAL MEETING - ABATEMENT and Ryan, P.A. and the code officer and took the necessary steps to get the property in compliance. In response to Vice-Mayor Mikes' questions, Mr. Espeut stated that he purchased the property in May 2001 and he and his wife intended to move there. He indicated that they found out they were expecting a child at that time and decided to stay in their residence and ended up renting the property out of necessity. He answered that the only other residential property he owned was his current residence of 9472 NW 45 Place and added that his company would be relocated in September. He also answered that the property was vacant between September to November 2002 and he had cleaned up the property after those tenants left. In response to Vice-Mayor Mikes' question about what period of time the property was in violation while it was rented, Laurence Leeds, Director of Community Development, stated he did not have that information and answered that he was not aware of any criminal activity. Director Leeds explained that a certified letter of formal hearing had been sent to 266 SW 8th Street in January 2002 and was signed by Gladys Georgeal. Mr. Espeut informed Director Leeds that she was a tenant and she had not given him any of the City's correspondence. He explained that all other correspondence (light bill, water bill, bulk garbage notifications) came to his home. Commissioner Flury asked how often the applicant visited the property and why he had not had an occupational license. Mr. Espeut answered that he visited the property every month and the he did not acquire an occupational license because he had not known he needed one. In response to Commissioner Flury's question, Attorney Pinsky reiterated that the City began foreclosure proceedings first and the mortgage holder began foreclosure afterwards. Commissioner Mikes confirmed the price the applicant paid for the property and what was owed. He felt that $150 per day fine was a little stiff for a residential property. Commissioner Chunn noted that even if the applicant saved the property from foreclosure, he still needed a lot of money to bring it into compliance. Mr. Espeut stated that he had tried to sell the property, unfortunately, they got the City's foreclosure action at the same time as the real estate contract. Commissioner Flury was concerned that the lien was too high for the applicant to sell the property. MINUTES 2 MARCH 18, 2004 SPECIAL MEETING -ABATEMENT A motion was made by Commissioner Flury, seconded by Vice-Mayor Mikes, to reduce the abatement 50 percent, to $35,000. The motion passed on the following 5-0 roll call vote: Mayor Anton — yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea—yes Commissioner Flury —yes 3.2 Request by Clydell Davis & Elijah Miller Jr., for abatement of Case #00-1449. Property located at 126 NW 5th Avenue. Josh Pinsky, Ryan and Ryan, P.A., stated that the property was originally cited for violations on September 5, 2001 and stated that the defendant did not comply. He indicated that the Code Board issued an order giving the defendants 30 days to comply or be faced with fines of $50 per day. He noted that the defendant did not comply until November 29, 2002 and the fine accrued was $15,100. He reported that the Code Board had abated the fine to $1,500 because the grand-daughter did not know about the violations. Attorney Pinsky indicated the property was assessed at approximately $33,000 and there was no mortgage on the property. Shamier Taylor explained that Clydell Davis was her grandmother and that her grandmother had left the property to her uncle, Elijah Miller, who was in prison. She indicated that when she went to college, her father (who was on drugs) had not taken care of the property as he should have. Ms. Taylor stated that when she returned she had to pay 6 years in taxes and had cleaned the place up. In response to City Attorney Ansbro's question about property ownership, Attorney Pinsky stated that he had recommended that Ms. Taylor see an attorney to get the loose ends wrapped up and get the title to the property. Commissioner Chunn stated that he had known Mrs. Davis and was familiar with the property. He noted that the property had been improved and that the young man who had created a nuisance was not longer there. He stated that he wanted to help and noticed that Ms. Taylor was trying hard to work on the property. In response to Vice-Mayor Mikes' question, Ms. Taylor stated that she could maintain the property in the future. In response to Commissioner Chunn's question, Community Development Director Leeds stated that the cost to the City was $500. A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to reduce the abatement to $500 to be paid within three months. The motion passed on the following 4-1 roll call vote: Mayor Anton — no Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea — yes Commissioner Flury — yes MINUTES 3 MARCH 18, 2004 SPECIAL MEETING - ABATEMENT AGENDA REQUEST FORM CITY OF DANIA Date: 3/02/04 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Case# 00-2264—Davie Espeut—266 S. W. 8 Street. Summary Explanation & Background: This was originally cited 4/12/02 for five violations and given 10 days to comply. The defendant did not comply and this was heard by the code board on 7/01/02. The board issued an order giving the defendant 45 days to comply or a fine of$150.00 per day would be levied. The compliance date was 9/14/02 and the defendant did not comply until 1/16/04. The fine ran from 9/14/02 through 1/16/04, 489 days @ $150.00/day= $73,350.00 plus$100.00 recording fee= $73,450.00 owed. The fine was confirmed on 3/03/03 and the board authorized foreclosure on the lien on 10/06/03. The board heard a request for abatement on 2/02/04 and they are recommending denial of the abatement. Exhibits (List): (1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denial of the abatement. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 7/01/02, 3/03/03, and 2/02/04 code board meetings. Purchasing Approval: Prepared By: Gloria Brandes, Code Enforcement Secretary Source of Additional Information: (Name &Phone) Recommended for Approval By: Code Enforcement Board recommends denial of the abatement. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 3 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 Davie Espeut 266 S. W. 8 Street Case # 00-2264 DATE: 3/02/04 The code enforcement board originally heard this case on 7/01/02 for five violations. A final order was issued giving the defendant 45 days to comply or a fine of$150.00 per day would be levied. The compliance date was 9/14/02 and the defendant did not comply until 1/16/04. The code enforcement board, after hearing testimony on 2/02/04, decided by unanimous vote to deny the request for abatement. CITY OF DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, hairman RB/gb Davie Espeut 9472 NW 45 PL Sunrise, Fl 33351 February 23 , 2004 To whom it may concern, This letter is in regards to a code enforcement fine that has been placed against my property located at 266 SW 8 St in Dania Beach, Florida . The property is in full compliance as of January 2004 , and _I would like to be added to the agenda for the Amendment hearing to be held on March, 18, 2004 . If any further information is needed I can be reached at 754 -422-8845 or 954-320-4292 . Thank you, Davie Espeut PREPARED BY: TIMOTHY M. RYAN, ESQ. IOR BK NSTR#1009 Pages RECORDED 04 21103 SS 49 1169 Special City Attorney BROWARD COUNTY COMMISSION City of Dania Beach DEPUTY CLERK 10 700 East Dania Beach Boulevard #1,5 Pages 34 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, 8 day of April, 2003 CITY OF DANIA BEACH BY --75 �/ Patricia Varney Finance Director File: CEB 2264 FINAL ORDER 1203-41-0060 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #2264 municipal corporation PLAINTIFF, FINAL ORDER vs. DAVIE ESPEUT DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on July 1, 2002, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the defendant and the subject matter of this action; and b. Defendant, Davie Espeut, did allow the following code violations to exist at property defendant owns located at 266 S. W. 8 Street, Dania Beach, Florida, which property is legally described as: DANIA HOMESITES 28-40 B LOT 6 BLK 1 (# 1203 41 0060): FINAL ORDER #2264 PAGE 2 1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash, junk, garbage and all other materials stored on the property and to trim/mow/cut and maintain trees, shrubs, weeds and grass. 2. Chapter 15, Section 15-2; Occupational Licenses. Defendant did or allowed a business to operate from the property without an occupational license. Failure to obtain an occupational license. 3. Chapter 8; Article it — Property Standards, Section 8-21(a)(2)(g). Minimum standards for dwellings, hotels, and rooming houses. Requirements for ventilation. Failure to repair or replace all damaged windows and doors, including screens and hardware. 4. Florida Building Code Section 104; Permits Required. Defendant did, or allowed to be done, renovation work done without permits. Failure to obtain permit or remove all work. 5. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove inoperative and unlicensed vehicles from the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Davie Espeut (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 $150.00 per day will begin running 45 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from defendant, Davie Espeut, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of$150.00 per day, to begin running 45 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the defendant 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. Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Y FINAL ORDER #2264 PAGE 3 Said fine shall constitute a lien upon the real property in violation and upon any other real or personal property of the defendant. (b) has been found to have been in violation of the above described code section listed in paragraph b.(5) on the date the City issued Defendant a Notice of Hearing on this Case. Defendant has complied with the above described violation as of July 1, 2002. Pursuant to Florida Statute 162.09, if a repeat violation of the above described code section occurs, the violator may be ordered to pay a fine in an amount up to $500.00 per day for each day the repeat violation continues, beginning with the date the repeat violation is determined to have occurred by the Code Inspector. 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 it day of 2002. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By. Richard Bettor, Ch rperson Sworn and subscribed before me this day of 2002. NOT Y PUBLI ST TE OF FLORii Richard Bettor is personally known to me. O�P(2V PUS =!:1LNOTAAYSEAL ORIA J BFiADtOES COMMISSION NUMBER CC828490 �-eOF F e My COMMISSION EXPIRES MAY tU22 Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL'ORDER #2264 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Davie Espeut, this 31 day of , 2002. CERTIFIED MAIL 7002 0510 0003 1737 6699 CO ENFORC ENT BOARD CLERK APPROV AS TO F AND CORRECTNESS TIM RY N, SPECIAL CITY TTORNEY Also sent first class mail Return to: Macciano Lewis, Budget/Finance Analyst City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 PREPARED BY: TIMOTHY M. RYAN, ESQ. INSTR#10285188, Special City Attorney OR 8K 35009 Pages 57o-573 City of Dania Beach BROW RD COUNTY COMMISSION 700 East Dania Beach Boulevard DEPUTY CLERK 1034 Dania Beach, Florida 33004 #2,4 Pages RETURN TO: PATRICIA VARNEY FINANCE DIRECTOR City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD STATE OF FLORIDA ) BROWARD COUNTY ) I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the original as it appears on record and file in the office of the Clerk of the Code Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same is in full force and effect. WITNESS my hand and official seal at Dania Beach, Florida, 8 day of April, 2003 CITY OF DANIA BEACH Patricia Varney Finance Director File: CEB 2264 SUPP.ORDER/CLAIM OF LIEN 1203-41-0060 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #2264 Municipal corporation PLAINTIFF' FINAL ORDER vs. DAVIE ESPEUT 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 affidavits of Building Official, Kenneth Koch and Code Inspector, William Dubisky, on the City's Motion to Confirm Fine held on the 3rd day of March, 2003, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 31st day of July, 2002, a Final Order in the above captioned case commanding the defendant, Davie Espeut, to bring the violations specified in said Final Order into compliance on or before SUPPLEMENTAL ORDER #2264 the 14th day of September, 2002, or pay a fine in the amount of$150.00 per day for each day of non compliance thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: DANIA HOMESITES 28-40 B LOT 6 BLK 1 (# 1203 41 0060). 3. That the Defendant, Davie Espeut, 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, Davie Espeut , shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this 97 Day of )1'na,(-Cj,_ , 2003. DANIA BEACH CODE ENFORCEMENT BOARD By: ichard Bettor, ChairmaLn�, Sworn to and subscribed before me this P'7 day of )r liLtCA 2003 By Richard Bettor, who is personally known to me. 9-- 4L4-xl--� NOTAkY PUBLI TA E OF FLORIDA Return to: Macciano Lewis 2 Budget/Finance Analyst jebN �Corftow DD18T� City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 SUPPLEMENTAL ORDER 42264 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Davie Espeut, this day of 2003. CERTIFIED MAIL#7002 0860 0005 3713 9496 CODE Elf ORCEME6t BOARD CLERK APPROV A TO FORM ND CORRECTNESS TIMOTHY M RYAN, SPECIAL CITY ATTORNEY Also sent regular mail Return to: Macciano Lewis 3 Budget/Finance Analyst City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,Fl 33004 i 9t �., FLORIDA April 12, 2002 AMENDED LETTER DAVIE ESPEUT Case Number: 00-2264 266 SW 8 ST DANIA BEACH, FL 330043907 Location: 266 SW 8 ST Folio: '5142-03-41-0060- Legal Description: DANIA HOMESITES 28-40 B LOT 6 BLK 1 DANIA HOMESITES 28-40 B LOT 6 BLK 1 Dear DAVIE ESPEUT: 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 4/22/02. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation(s), please do not hesitate to contact me. Sinc rely, j KENNETH KOCH BUILD OFFICIAh WILLIAM DUBISKY CODEINSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0003 5600 2868 by BETH DAGNON, "Broward's First City" '90 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us v lv i�lv L�1L�1L PAGE 1 CASE NUMBER 00-00002264 PROPERTY ADDRESS 266 SW 8 ST -------------------------- --- ------- ----- VIOLATION: PUBLIC NUISANCES QUANTITY: 1 DESCRIPTION: CH 13 , SEC 13-23 DATE : 3/14/02 LOCATION: NARRATIVE 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. ORDINANCE DESCRIPTION Violation of Chapter 13 , Section 13-23 ; Public Nuisance Violation. Property declared a public nuisance and must be placed into good condition. ------------------------------------------------- VIOLATION: CH 14, SEC 14-2 QUANTITY: 1 DESCRIPTION: CH 14, SEC 14-2 DATE: 4/12/02 LOCATION: NARRATIVE All inoperative and unlicensed vehicles must be removed from the property. ORDINANCE DESCRIPTION Violation of Chapter 14 , Section 14-2 ; Junked and Abandoned Vehicles; Public Nuisance. The storage or parking of all inoperative vehicles is creating a public nuisance . -------------------------------------------------------- VIOLATION: OCCUPATIONAL LICENSES QUANTITY: 1 DESCRIPTION: CH. 15, SEC. 15-1 . DATE: 4/12/02 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 8-21 (A) (2) G QUANTITY: 1 DESCRIPTION: CH 8, SEC 8-21 (A) (2) G DATE : 4/12/02 LOCATION: NARRATIVE All damaged windows and/or doors must be repaired or replaced, including screens and hardware and maintained. A building permit may be required for any replacement . ORDINANCE DESCRIPTION : CASE NUMBER 00-00002264 PROPERTY ADDRESS 266 SW 8 ST ORDINANCE DESCRIPTION Violation of Chapter 8; Article II - Property Standards; Section 8-21 (a) (2) (g) . Minimum Standards for Dwellings, Hotels, and Rooming Houses . Requirements for Ventilation. Every window and exterior door shall be reasonably weathertight, maintained without cracks and holes and in a good state of repair. All windows intended for ventilation must be equiped with fully operable hardware and fitted with screens to protect against mosquitoes or other insects . ------- ------------------------------------------------------- VIOLATION: FBC SEC. 104 QUANTITY: 1 DESCRIPTION: FBC SEC. 104 Permits Required DATE: 4/12/02 LOCATION: NARRATIVE Remedy: Obtain permits and all inspections within 10 days or remove all work. ORDINANCE DESCRIPTION Violation of Florida Building Code Sec. 104, Permits Required. Problem Description: Renovation work performed without permits . and the Affidavit of Service is on file. This is a violation of Chapter 13, Section 13-21, Public Nuisance, dog feces, has complied. SFBC 301 (A), shed without permit, has not complied and this is the violation the owner is asking for an extension of time. Mr. Baker stated first contact was made on 3/14/02. It was on motion by Gary Luedtke, seconded by Tim McLeod to adopt a finding of fact by Eric Baker on violation of Chapter 13, Section 13-21 dog feces that the violation did exist and to grant the defendant an additional 30 days for the violation of SFBC 301 (A) shed. Tim Ryan said the finding of fact should be on the shed as well as the dog excrement. Judy Jensen, stating the hardships of the homeowner are unknown, revisited the motion. Gary Luedtke amended the prior motion. Gloria Brandes asked if Section 13, Section 13-21, was complied, and are we asking for a finding of fact, or are we only writing an order on the SFBC 301 (A) shed? Gary Luedtke made the motion, seconded by Judy Tulacro, to grant 60 days or $100.00 per day fine, and a finding of fact on Chapter 13, Section 13-21. The motion carried on the following roll call: David Nuby—yes Jimmy Peterman —yes Richard Bettor - yes Tim McLeod — yes Gary Luedtke - yes Judy Jensen — yes Judith Tulacro —yes 30. #2264 Davie Espeut 266 SW 8 St. Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was obtained, notice was also sent via first class mail, and the property was posted, and we have the affidavit on file. This is a violation of Chapter 13, Section 13-23, Grass not being cut and trash on the property, Chapter 14, Section 14-2, Abandoned vehicles; Chapter 15, Section 15-1 Occupational license required; Chapter 8, Section 8-21(A)(2)G, Property standards; FBC Section 104, Permits required. As of today, the property is still in violation of Chapter 13, the grass is not being cut or maintained, trash and debris still remain on the property, Chapter 15, Occupational license for a rental property has not been obtained, Chapter 8, windows remain broken; FBC Section 104, no permits have been obtained for the work that has been done and on the Chapter 14, Mr. Dubisky asked for a finding of fact, submitting 5 photos into evidence. Mr. Dubisky said contact was first made on 4/12/02. Chairman Bettor asked if anyone was present representing Davie Espeut, there was no one. Judy Jenson made the motion, seconded by Jimmy Peterman that the property was properly served and to adopt a finding of fact by William Dubisky on Chapter 14. Section 14-2, the violation does exist, and that the defendant be given 45 days or a fine of$150.00 per day shall be levied. The motion carried on the following roll call: David Nuby— yes Jimmy Peterman —yes Richard Bettor - yes Tim McLeod —yes Gary Luedtke - yes Dania Beach Code Board Minutes 20 July 1,2002 Judy Jensen —yes Judith Tulacro —yes Having heard the last case, Chief Zoning Inspector William Johnson came forward and introduced Code Inspector, Gary Phaneuf to the board. On a final note, Gloria Brandes reminded the board members to turn in their financial interest forms to the City Clerk, Charlene Johnson. There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Minutes 21 July 1,2002 David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 19) Motion to Enter Order Imposing Fines, Non Complied-42264-Davie Espuet- 266 SW 8 Street Chief Code Inspector William Johnson, having been previously sworn in, came forward. Mr. Johnson requested a motion to enter order imposing fine and stated that the Affidavit of Service is on file. Chairman Bettor asked for a motion. Several questions arose in what is the motion to enter order imposing fines. Attorney Pinsky explained that this is similar to confirming fines. Gary Luedtke motioned, seconded by Beulah Lair, to move or impose the fine. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 20) Motion to Enter Order Imposing Fines, Non Complied-#2426-Jovan and Radinka Solic-1401 SE 2 Avenue; and #2427-Joseph and Margaret Enjedi/Jovan and Radinka Solic-Vacant Lot E of 1401/1403 SE 2 Avenue Chief Code Inspector William Johnson, having been previously sworn in, came forward. Mr. Johnson requested that both cases be dismissed because they are in compliance. It was on the motion of Beulah Lair, seconded by Gary Luedtke, to dismiss the cases. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 21) Motion to Enter Order Imposing Fines-Complied-#2388-Bill Vasiliades-41 SE 14 Street Chief Code Inspector William Johnson, having been previously sworn in, came forward. Mr. Johnson stated that the compliance date was 11/23/02, and they complied on 2/07/03. Gary Luedtke asked if there was a fine to impose. Mr. Johnson answered, yes. Gary Luedtke motioned, seconded by Beulah Lair, to confirm fine imposed. Mr. Johnson stated that an Affidavit of Service is on file. Motion to Enter Order Imposing Fines, Non Complied-#2660-Isaac Argoitia '/Z Int Igone Argoitia-101 SE 2 Court Dania Beach Code Board Summary Minutes 14 March 3, 2003 f i 7) Request for Abatement - #00-2264—Davie Espeut—266 SW 8 Street Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. This was originally heard by the board on 7/01/02. The compliance date was 9/14/02, and the defendant did not comply until 1/16/04. The fine ran for 489 days at $150.00 per day plus $100.00 recording fee which totaled $73,450.00 owed. The fine was confirmed on 3/03/03. The board authorized the property to foreclose on 10/06/03. Gary Luedtke asked if notice was properly served. Mr. Dubisky said yes. Chairman Bettor asked if there was anyone representing Davie Espeut. Davie Espeut, 9472 NW 45 Place, Sunrise, FL 33351, came forward and was sworn in. Mr. Espeut said that he did not receive notice that the property was in violation. The first,,,,tune he had notice of the violation was upon his father showing him the certified''mail. He later found out that the previous mails were sent directly to the property and,the tenants had not notified him. Mr. Espeut said that he then contacted Mr. Dubisky and Attorney Tim Ryan in order to determine how to rectify the situation. He complied all the violations 1/16/04 because he needed to,get an occupational license:Judy Jensen asked if Mr. Espeut visits his property. M Espeut'said that he keeps asking the tenants to keep the property clean. Judy Jensen made a motion to deny the abatement request. Chairman Bettor told Mr. Espeut that the motion is to deny the abatement. The motion was seconded by Tim McLeod and carried on the following roll call: Tim McLeod-yes Judy Jensen yes Jimmy Peterman-yes Gary Luedtke yes Richard,'Bettor yes Terrell McCombs-yes ti3 x� Chairman 8ettor told Mr, Espeut that this;,board is only a recommending board, and he could golifore the city commission for a final decision. 8) Aptborizahon to Foreclose-#00 1926—Exclusive Millwork Inc. —3277 SE 14 avenue ` btu.. .. Fired Marshal Edward Tarmey came forward, was sworn in, and gave the followu,g,testimony,.;Mr. Tarmey said that he originally sent a violation notice on 10/25/01 stating there was a violation of a fire sprinkler code because of a wall being removed The removal of the wall required additional sprinklers in the building. On 11/29/01 they were again notified by code enforcement of the date of 2/27/02 to comply. The board gave the defendants 120 days to comply or a fine of $100.00 per day. After 120 days had expired, Mr. Tarmey had called and asked the fire contractor why was the work not started. The contractor stated that the contract had been broken by Exclusive Millwork, so there was no fulfillment of the task. On 6/06/03, Mr. Tarmey sent Exclusive Millwork a letter stating that a fine had been running and the amount was up to $30,400.00. On 9/03/03, Charles Comacho, a representative of Exclusive Millwork contacted Mr. Tarmey saying that the management and staff wanted to meet and discuss coming into compliance. At the board meeting on 10/06/03, the board granted a 90 day Dania Beach Code Board Summary Minutes 4 February 2,2004 l File No 03-01909 F6N Page#2 SMALL RE,/f-1)NTIAL INCOME PROPERTY APPRAISAL F )RT File No.03-01909 FEIN Property Address 266 SW 8th St City DANIA BEACH State FL. Zip code 33004-3907 ,- Legal Description DANIA HOMESITES 28-40 PB LOT 6 BLK 1 County BROWARD Assessor's Parcel No, 51-42-03-41-0060 Tar Year 2002 R.E.Taxes 2,792.32 Special Assessments N/A Neighborhood or Project Name N/A Ma Reference 51-42-03 Census Tract 0801.00 Borrower APOLONfO ESPINOLA Current Owner DAVIE ESPEUT Occupant Owner X Tenant Vacant Property rights appraised X Fee Simple Leasehold Project Tile PUD El Condominium HOA N/A Mo. Sales Price 145,500 Date of Sale 11/10/2003 Description and amount of loan char es concessions to be paid by seller N/A Lender Client FLORIDA BANKERS NETWORK Address 2655 LE JEUNE RD STE#500 CORAL GABLES FL 33134 A raiser BRIAN J.KENDALL Address 2727 E OAKLAND PARK BLVD.SUITE#302.OAKLAND PARK,FL 33306 Location Urban Suburban Rural Predominant in efamty ousm Predomi pan t 2-4 amilyhousing Single Family p��C� AG 2 4 Family p��c AG Built up ®Over 75% ❑25-75% ❑Under 25% Occupancy $(000) (yrs�} Occupancy Growth rate ❑Rapid M Stable ❑Slow ®Owner 100 Low 10 ®Owner 125 Low 10 Property values ❑Increasing ®Stable ❑Declining ❑Tenant 400 Hi It70 ❑Tenant 300 Hi h 65 Demand/supply ElShortage ®In balance ❑Over supply ®Vacant(0-5%) ( Predominant —' ®Vacant(0-5%) n.lid Predominant Marketin time Under 3 mos.N 3-6 mos. F1 Over 6 mos. F1 Vacant over 5% 200 55 Vacant over 5% 175 60 Typical 2-4 family bldg. Type TRIPLEX No.stories ONE No.units 03 Age 49 yrs. Present land use% Land use change Typical rents$750 to$ 1,000 ®Increasing ❑Stable ❑Declining One family 75 ®Not likely ❑Likely Est,neighborhood apt.vacancy 3-5% El If ®Stable ❑Declining 2-4 family 10 El in process to: Rent controls ❑Yes ®No ❑Likely If yes or likely,describe N/A Mufti-family 10 Commercial 5 VACA ;.Note:Race and the racial composition of the neighborhood are not appraisal factors. Neighborhood boundaries and characteristics: THE SUBJECT NEIGHBORHOOD IS LOCATED SOUTH OF STIRLING ROAD NORTH OF SHERIDAD STREET WEST OF FEDERAL HWY. US-1 AND EAST OF DIXIE HWY.IN HOLLYWOOD FL. V Factors that affect the marketability of the properties in the neighborhood(proximity to employment and amenities,employment stability,appeal to market,etc.): THE THE AREA IS AN OLDER RESIDENTIAL NEIGHBORHOOD WHICH HAS HOMES THAT WERE BUILT FROM THE 1940'S TO THE t= 1990'S WHICH IS ALSO REFLECTED BY THE WIDE RANGE OF PROPERTY VALUES. DWELLING ARE SITUATED ON DRY LOTS. ' MANY HOMES HAVE BEEN RENOVATED/REMODELED TO COMPLY WITH TODAY'S STANDARDS. MANY AREA DWELLINGS HAVE ALTERATIONS ADDITIONS ENCLOSED PORCHES GARAGES ETC. NO RENT CONTROLS ARE ANTICIPATED IN THE FORESEEABLI FUTURE. THE SUBJECT'S AREA HAS A VACANCY FACTOR OF APPROXIMATELY 3-5%. THE SUBJECT SUBDIVISION IS RELATIVEL' CLOSE IN PROXIMITY TO THE FLORIDA EAST COAST RAILWAY TRACK SYSTEM. The following available listings represent the most current similar, and proximate competitive properties to the subject property in the subject neighborhood. This analysis is in- tended to evaluate the inventory currently on the market competing with the subject property in the subject neighborhood and recent price and marketing time trends affecting the sub- ject property. (Listings outside the subject neighborhood are not considered applicable). The listing comparables can be the rental or sale comparables it they are currently for sale. ITEM SUBJECT COMPARABLE LISTING NO.1 COMPARABLE LISTING NO.2 COMPARABLE LISTING NO.3 ` 266 SW 8th St 716 SW 7 STREET 61 SW 14 STREET 14 SE 10 TERRACE Address DANIA BEACH FL. DANIA BEACH FL. DANIA BEACH FL. DANIA BEACH FL. rbr Proxim' to subject ` v _0.24 miles 0.39 miles 0.26 miles Listin rice N/A N Unf. I I Furn. 264,900 X1 Unf. Furn. 196 000 Unf. Furn. 174,999 Approximate GBA 1,875 1 809 1 928 1,718 (. Data source INSP./FARES EXT.INSPECTION/MLS/FARES EXT.INSPECTION/MLS/FARES EXT.INSPECTION/MLSIFARES #Unit ot.rms./BR`/BA 3 :9: 3 : 3 3 d 7 ; 5 3 2 5 4 3 3 7 4 3 A roximate ear built 1954 1978 1955 1960 Approx.days on market NIA N/A NIA N/A Comparison of listings to subject property: THE LISTING WERE VERIFIED THROUGH THE REALTOR/MULTIPLE LISTING SERVICE OF BROWARD COUNTY. ALL ARE SIMILAR INCOME PROPERTIES LOCATED IN THE SUBJECTS SURROUNDING MARKET AREA THEREFORE WOULD BE CONSIDERED BY PROSPECTIVE BUYERS. Market conditions that affect 2-4 family properties in the subject neighborhood (including the above neighborhood indicators of growth rate, property values, demand/supply, and marketing time) and the prevalence and impact in the subject market area regarding loan discounts, interest buydowns and concessions, and .% identification of trends in listing prices,average days on market and any changeover past year,etc.: THE APPRAISER THOROUGHLY SEARCHED THE SUBJECTS IMMEDIATE AND ALL SURROUNDING MARKET AREAS. THE MARKET FOR.RENTAL PROPERTIES IS AVERAGE IN THIS NEIGHBORHOOD. THE DEMAND AND SUPPLY IS IN BALANCE. MARKET CONDITIONS ARE CONSIDERED TO BE STABLE. { MORTGAGE FUNDS ARE READILY AVAILABLE AT MARKET RATES WITHOUT EXCESSIVE CONCESSIONS BUYDOWNS DISCOUNT POINTS ETC. TYPICAL FINANCING INCLUDES FHA VA CONVENTIONAL LOANS ALONG WITH SELLER FINANCING. MARKETING �w TIME FOR PROPERLY PRICED PROPERTIES IS BETWEEN THREE TO SIX MONTHS., n" s` Dimensions SOX 134 Topography LEVEL TO STREET GRADE A'Site area 6,700 SQFT+-SUBJECT TO SURVEY Corner lot ®No ❑Yes Size TYPICAL FOR THE AREA Specific zoning classification and description RD-6000 RESIDENTIAL TWO-FAMILY Shape RECTANGULAR SHAPED Zoning compliance ❑Legal ®Legal nonconforming(Grandfathered use) ❑Illegal ❑No zoning Drainage APPEARS ADEQUATE Highest and best use as improved: ®Present use ❑Other use(explain) View RESIDENTIAL Landscaping TYPICAL FOR AREA Utilities Public Other Off-site Improvements Type Public Private Driveway CONCRETE Electricity ® Street ASPHALT ® ❑ Apparent easements THOSE OF RECORD Gas ® Curb/gutter YES/YES ® ❑ Water ® Sidewalk CONCRETE ® ❑ FEMA Special Flood Hazard Area ❑Yes ®No ='Sanitary sewer ® Street lights POLE LIGHTS M ❑ FEMA Zone X Map Date 8/18/1992 Storm sewer Alle PARKING/SERVICE FEMA Map No. 12011CO309F 1 Comments(apparent adverse easements,encroachments,special assessments,slide areas,illegal or legal nonconforming zoning,use,etc.): NO ADVERSE EASEMENTS OR ENCROACHMENTS WERE OBSERVED. THE SUBJECT SITE IS A RECTANGULAR SHAPED INTERIOR LOT. THE SUBJECT PROPERTY HAS ACCESS TO ALL NEARBY PUBLIC FACILITIES. Freddie Mac Farm 72 10-94 PAGE 1 OF 4 Fannie Mae Form 1025 10 94 All Florida Appraisal Group(954)565.9970 Form SR3—"TOTAL for Windows"appraisal software by a la mode,inc—1-800-ALAMODE _ File No.03-01909 FBN Pa e#3 SMALL RE' )NTIAL INCOME PROPERTY APPRAISAL F! 1RT General description Exterior description (Materials/condition) Foundation Insulation (R-value if known) Units/bldgs. 3 ZI Foundation CONCRETE SLAB Slab YES ❑Roof Stories ONE Exterior walls C.B.S. Crawl space NO ❑Ceiling Type(det./aft.) DETACHED Roof surface ASPHALT SHINGLE Sump Pump NONE ❑Walls Design(style) TRIPLEX/RANCH Gutters 8 dwnspts. ADEQUATE OVER-HAN( Dampness NONE OBSERVED [ Floor Existing/proposed EXISTING Window type ALUM.AWNING Settlement NONE OBSERVED ❑None Under construction N/A Storm sash/Screens SCREENS Infestation NONE APPARENT Adequacy ADEQUATE 'Year Built 1954 Manufactured housing* ❑Yes ®No 1 Basement N/A %of lstfloor area Energy efficient items: Effective age(yrs.) 25 '(Complies with the HUD Manufactured Housing Basement finish NOT TYPICAL OF CENTRAL A/C SYSTEM Construction and Safe Standards. SOUTH FLORIDA HOMES AND CEILINGS FANS. r 1 1 AREA 1 AREA 1 1 2 1 X 1185 1185 1 1 X 1 X 1 1 1 X 481 481 1 1 X X X 1 X 1 X 209 209 Contain:Improvernflots 9 Rooms 3 teat of CROSS Rul of WG 9 GROSS BUILDING AREA (GBA) IS DEFINED AS THE TOTAL FINISHED AREA (INCLUDING COMMON AREAS) OF THE IMPROVEMENTS BASED UPON EXTERIOR MEASUREMENTS Surfaces (Materials/condition) Heating Kitchenequip. (#/unit-cond.) Attic Car Storage No.Cars 1 Floors C-TILEANOOD Type W/U Refrigerator 3 AVG ❑None Garage El _ Walls DRYWALL/AVERAGE Fuel ELECTRIC Range/oven 3 AVG ❑Stairs Carport Trim/Finish WOOD/AVERAGE Condition AVG Disposal N/A ❑Drop stair Attached ❑ Bath floor C-TILE/AVERAGE Dishwasher N/A ®Scuttle Detached ❑ Bath wainscot C-TILE/AVERAGE Cooling W/U Fan/hood 3 AVG ❑Floor Adequate X Doors WOOD/AVERAGE Central NONE Compactor N/A ❑Heated Inadequate Other CEILING FANS Washer/dryer 1/1 AVG ❑Finished Offstreet Condition N/A Microwave N/A ❑Unfinished None y_ NONE #N/A N/A ON-SITE 3-CARS ? Condition of the improvements,repairs needed,quality of construction,additional features,modernization,etc.: THE SUBJECT DWELLING IS IN AVERAGE CONDITION FOR THE AREA. THE SUBJECT FLOOR PLAN IS DIVIDED INTO THREE UNITS.THE FRONT UNIT IS A LARGER 2/1 BATH WITH FAMILY ROOM. THE TWO REAR UNITS ARE A 1 BEDROOM 1 BATH AND A SMALL STUDIO. THERE WERE NO MAJOR MAINTENANCE ISSUES NOTED. SEE INTERIOR AND EXTERIOR PHOTO ADDENDUM Depreciation(physical,functional,and external inadequacies,etc.): NO EXTERNAL OBSOLESCENCE WAS OBSERVED Adverse environmental conditions(such as,but not limited to,hazardous wastes,toxic substances,etc.)present in the improvements,on the site,or in the immediate vicinity of the subject property: THERE WERE NO ADVERSE ENVIRONMENTAL CONDITIONS OBSERVED BY OR KNOWN TO THE APPRAISER HOWEVER THE APPRAISER IS NOT AN EXPERT IN THE ENVIRONMENTAL FIELD THEREFORE NEITHER LEGALLY NOR TECHNICALLY QUALIFIED TO EXPRESS AN OPINION REGARDING ANY OF THE FOLLOWING:THE PRESENCE OR INFLUENCE OF ASBESTOS PRODUCTS UREA FORMALDEHYDE INSULATION RADON GAS CHEMICAL OR OIL PRODUCTS IN NEARBY PROPERTIEI OF ANY TYPE OR THE HEALTH OF MORTGAGED INHABITANTS. tr'rt VALUATION ANALYSIS ESTIMATED SITE VALUE _.._...... ...- -__...-.. .- ._._$ 50,000 Comments on Cost Approach(such as,source of cost estimate,site value,square foot ESTIMATED REPRODUCTION COST-NEW OF IMPROVEMENTS: calculation and,for HUD and VA,the estimated remaining economic life of the property): 1,875 Sq.Ft.@$ 65.00 =$ 120,380 COST ESTIMATES DERIVED FROM MARSHALL&SWIFT COST 668 Sq.Ft.@$ 10.00 =$ 6,680 ESTIMATING SERVICE&FLORIDA CONTRACTORS HANDBOOK. 237 Sq.Ft.@$ 15.00 =$ 3,555 THERE WAS NO FUNCTIONAL OR EXTERNAL OBSOLESCENCE Y Sq.Ft.@$ _$ NOTED AT THE TIME OF THE INSPECTION. SITE VALUE WAS Sq.Ft.@$ _$ DERIVED FROM MARKET ABSTRACTION AND FROM PREVIOUS ENTRY PORN/REAR DECK =$ APPRAISALS DONE IN THE IMMEDIATE MARKET AREA. LAND TC AND CARPORT INCLUDED ABOVE =$ VALUE RATIO IS TYPICAL OF THE AREA AND DOES NOT _$ ADVERSELY AFFECT THE MARKETABILITY OF THE SUBJECT _$ PROPERTY.SEE ATTACHED SKETCH FOR BUILDING _$ DIMENSIONS. ESTIMATED REMAINING ECONOMIC LIFE:45 Special Energy Efficient Items =$ YEARS. 4 Porches,Patios,etc. _$ s Total Estimated Cost New .- --- - _$ 130,615 Physical Functional External ' Less 25 Depreciation 32 654 =$ 32 654 Depreciated Value of Improvements. ...--- _$ 97.961 "As is"Value of Site Improvements ...---.. - _$ 5 000 INDICATED VALUE BY COST APPROACH -..-- _-- -- - - $ 152,961 Freddie Mac Form 72 10-94 PAGE 2 OF 4 Fannie Mae Form 1025 10-94 Form SR3—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALANIODE -0190 Fe No Page#4 SMALL RE` 1NTIAL INCOME PROPERTY APPRAISAL F 1RT At least three rental comparables should be reporwe and analyzed in this section. The rental comparables should represent the most a... ..;rental information on properties as 1'similar and proximate to the subject property as passible. (This comparison is based on current rental data,therefore,the rental comparables typically are not the same comparables used in the sales comparison analysis.) The appraisal report should assure the reader that the units and properties selected as comparables are comparable to the subject property (both the units and the overall property) and accurately represent the rental market for the subject property (unless otherwise stated within the report). ITEM SUBJECT COMPARABLE RENTAL N0.1 COMPARABLE RENTAL NO.2 COMPARABLE RENTAL NO.3 Address 266 SW 8th St 48 SW 13 STREET 255 SW 12 ST 330 SW 16 STREET DANIA BEACH FL. HOLLYWOOD FL. DANIA BEACH FL. HOLLYWOOD FL. r ' h c r 0.34 miles 0.22 miles 0.02 miles Proximity to subject Lease dates if available N/A N/A N/A N/A Rent survey date 10/27/03 10/03 9/2003 0/27/03 Data source INSPECTION/OWNE EXTERIOR INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION PUB.REC./FARES PUBLIC RECORDS/MLS/FARE: PUBLIC RECORDS/MLS/FARE: PUBLIC RECORDS/MLS/FARE: Rent concessions NONE NONE NONE NONE Plc.Units No.Vac. No.Units No.Vac.0 Yr.MR.:1978 No.Units 3 No.Vac.0 Yr.81t.:1987 No.Units No.Vac.O Yr.Blt.:1959 Description of Yr.BIL: 1954 DUPLEX RANCH/AVG TRIPLEXES/RANCH/AVG DUPLEX/RANCH/AVG property-units, NO VACANCIES NO VACANCIES NO VACANCIES design,appeal, AVERAGE CONDITION AVERAGE CONDITION AVERAGE CONDITION age,vacancies, and conditions Rm.Count Size Rm.Count Size Total Rm.Count Size Total Rm.Count Size Total Tot Br Be S .Ft. Tot Br Be S .Ft. MonthlyRent Tot Br Ba S.Ft. MonthlyRent Tot Br Ba S.Ft. MonthlyRent Individual 4 2 1 1185 4 2 1 1015 650 5 3 2 900 750 4 2 1 713 700 unit breakdown 3 1 1 481 4 2 1 1015 650 3 1 1 900 750 4 2 1 713 700 2 X 1 209 2 X 1 300 300 STANDARD STANDARD UTILITIES STANDARD UTILITIES STANDARD UTILITIES Utilities, UTILITIES UNFURNISHED STANDARD UNFURNISHED STANDARD UNFURNISHED STANDARD furniture,and UNFURNISHED AMENITIES AMENITIES AMENITIES amenities STANDARD included in rent AMENITIES AVERAGE AVERAGE AVERAGE AVERAGE Functional utility, NO BASEMENT NO BASEMENT NO BASEMENT NO BASEMENT basement, CENTRAL A/C SYS. CENTRAL A/C SYS. CENTRAL A/C SYS. WALL UNITS heating/cooling, STANDARD STANDARD STANDARD STANDARD project amenities,etc. AMENITIES AMENITIES AMENITIES AMENITIES Analysis of rental data and support for estimated market rents for the individual subject units(including the adjustments used,the adequacy of comparables,rental concessions,etc.) THE APPRAISER THOROUGHLY SEARCHED THE IMMEDIATE SUBJECTS MARKET AREA FOR CURRENT COMPARABLE RENTAL PROPERTIES. ALL RENTAL COMPARABLES THAT WERE UTILIZED TO DETERMINE MARKET RENT HAVE SIMILAR DESIGN APPEAL EFFECTIVE AGE CONDITION AND GROSS LIVING AREA. THE COMPARABLES SELECTED ARE CONSIDERED TO BE AMONG THE MOST VALID MARKET RENT INDICATORS OF THE SUBJECT PROPERTY AND WILL REFLECT MARKET RENTS AS INDICATED BELOW. Subject's rent schedule The rent schedule reconciles the applicable indicated monthly market rents to the appropriate subject unit,and provides the estimated rents for the subject property. The appraiser must review the rent characteristics of the comparable sales to determine whether estimated rents should reflect actual or market rents. For example,if actual rents were available on the sales comparables and used to derive the gross rent multiplier(GRM),actual rents for the subject should be used. If market rents were used to construct the comparables'rents and derive the GRM,market rents should be used. The total gross estimated rent must represent rent characteristics consistent with the sales comparable data used to derive the GRM. The total gross estimated rent is not adjusted for vacancy. LEASES ACTUAL RENTS ESTIMATED RENTS Lease Date u�j4 Per Unit Total Per Unit Total Unit Be in End Vacant Unfurnished Furnished Rents Unfurnished furnished Rents 1 YEARLY 795 795 750 750 1 VACANT 500 500 1 VACANT 35011 350 3 i"� ,ry1 Rt.� -rG gyp,i'I a�L,� t } r.' � �'3�`i i 795 — r .i� 1 600 $ N/A Other monthly income(itemize) 5% $960 Annually Total gross estimated rent$ 1 600 Vacancy: Actual last year N/A% Previous year N/A% Estimated: Utilities included in estimated rents:❑Electric ❑Water ®Sewer ❑Gas ❑Oil ®Trash collection ❑ Comments on the rent schedule,actual rents,estimated rents(especially regarding differences between actual and estimated rents),utilities,etc.: THE RENTS WERE ESTIMATED BY COMPARING SIMILAR RENTAL PROPERTIES LOCATED WITHIN THE SUBJECT'S MARKET AREA THE TYPICAL UNIT I: RENTED UNFURNISHED AND THE TENANT PAYS FOR THE UTILITIES SUCH AS ELECTRIC CABLE TV TELEPHONE SERVICE ETC. Freddie Mac Farm 72 10-94 PAGE 3 OF 4 Fannie Mae Form 1025 10-94 Form SR3—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No.03- 1909 FBN Page#5 SMALL RE, �NTIAL INCOME PROPERTY APPRAISAL F )RT The undersigned has recited three recent sales of properties most similar and proximate to the subject property and has described and analyzed these in this analysis. If there is a significant variation between the subject and comparable properties, the analysis includes a dollar adjustment reflecting the market reaction to those items or an explanation supported by the market data. If a significant item in the comparable property is superior to, or more favorable than, the subject property, a minus (-) adjustment is made, thus reducing the adjusted sales price of the comparable property; it a significant item in the comparable property is inferior to, or less favorable than, the subject property, a plus (+) adjustment is made, thus increasing the adjusted sales price of the comparable property. [(1)Sales Price/Gross Monthly Rent] ITEM SUBJECT COMPARABLE SALE NO.i COMPARABLE SALE N0.2 COMPARABLE SALE N0.3 g RE266 SW 8th St 48 SW 13 STREET 273 SW 6 STREET 330 SW 16 STREET Address DANIA BEACH FL DANIA BEACH FL DANIA BEACH FL DANIA BEACH FL Proximity to subject al '41 0.34 miles 0.14 miles 0.46 miles Sales price $y 145,500 M Unf. Furn. $ 165,000 M Unf.n Furn. $ 156,500 Unf.n Furn. $ 145,000 Sales price per GBA $ 77.60 $ 81.28 $ 100.19 $ 101.68 Gross monthly rent $ 1,600.00 $ 1350.00 $ 1,350.00 $ 1400.00 Grass mo.rent mutt. 1 103.93 122.22 115.93 103.57 s` Sales price per unit $ 48,500 $ 82.500 $ 78,250 $ 72,500 Sales price per room $ 18 188 $ 20,625 $ 19,563 $ 18,125 Data and/or INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION EXTERIOR INSPECTION Verification Sources OWNER/PUB.REC PUBLIC RECORDS/MLS/FARES PUBLIC RECORDS/MLS/FARES PUBLIC RECORDS/MLS/FARES ADJUSTMENTS DESCRIPTION DESCRIPTION + - $Adjustment DESCRIPTION ;+ - $Adjustment DESCRIPTION + - $Adjustment „ Sales or financing " CONVENTIONAL CONVENTIONAL CONVENTIONAL concessions z 1 a 'CLSING CON. -10 000 Date of sale/time z 04/03/03 09/10/03 09/10/03 Location SUBURBAN SUBURBAN SUBURBAN SUBURBAN Leasehold/Fee Simple FEE SIMPLE FEE SIMPLE FEE SIMPLE FEE SIMPLE Site 6,700 SQFT+-SUE 8 100S Ft -2 000 8,600 S Ft -2 000 7 2OOS Ft View RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL Design and appeal TRIPLEX/RANCH DUPLEX/RANCH: DUPLEX/RANCH: DUPLEXIRANCH Quality of construction CBS/AVERAGE CBS/AVERAGE CBS/AVERAGE CBS/AVERAGE Age 1954 1978IUPDATE 1960/UPDATE 1959/UPDATE Conffon AVERAGE AVERAGE AVERAGE AVERAGE Gross Building Area 1 875 S.ft. 2 030 S.ft.: -3 100 1 562 S.ft.: +8 980 1 426 S.ft.: +8 980 No. Rm.count No. No Rm.count No.. of Rm.count No.: No. Rm.count No. Vac.: units T t Br ga Vac. unit Tot Br Ba Vac; units Tot Br Ba units Tot Or Ba Vac. Unit 1 4 2 1 1 4 2 1 0 1 4 2 1 0 : 1 4 2 1 0- breakdown 1 3 1 1 1 4 2 1 0 - 1 4 2 1 0 1 4 2 1 0 1 2 X 1 Basement description NO BASEMENT NO BASEMENT NO BASEMENT NO BASEMENT Functional utility AVERAGE AVERAGE AVERAGE AVERAGE Heating/cooling CENTRAL A/C CENTRAL A/C CENTRAL AC R/C WALL UNIT +1 000 Parkin on/off site CARPORT OPEN PARKING +1 000 OPEN PARKING +1 000 OPEN PARKING +1 000 Project amenities and STANDARD STANDARD STANDARD STANDARD fee of applicable) AMENITIES AMENITIES AMENITIES AMENITIES o, STD FEATURES STD FEATURES STD FEATURES STD FEATURES Net Ad'. total fit " 7n 'sQ+ X :$ 14.100 + $ 7 980 .+ -;$ 10,980 Adjusted sales price w A8�5*% Net 51 % Netti'7 6 %` of comparable I, d,.rtig= f,� .. +dGross -0.8k%$ 150,900 Gross il-11:5.%$ 164 480 =Gross 22.4.%'$ 155 980 Comments on sales comparison(including reconciliation of all indicators of value as to consistency and relative strength and evaluation of the typical investor's/purchaser's motivation in that market): ALL SALES ARE RECENT AND LOCATED WITHIN THE SUBJECT'S MARKET AREA. THEY ARE ALL CLOSED TRANSACTIONS THAT HAVE BEEN VERIFIED AND INSPECTED BY THE APPRAISER. EQUAL WEIGHT WAS PLACED ON ALL SALES IN ESTIMATING THE FINAL MARKET VALUE. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO.3 Date,Price and Data :NO SALE IN NO SALE IN 07/02.$105.000 Source for prior sales E EAST THE LAST 36 MONTH HISTORY PUBLIC RECORDS/MLS/FARES within ear of a raisal EARS 3 YEARS ISC Analysis of any current agreement of sale,option,or listing of the subject property and analysis of any prior sales of subject and comparables within one year of the date of appraisal: THE SUBJECT PROPERTY IS CURRENTLY UNDER CONTRACT FOR SALE AT$145 000.00 Total gross monthly estimated rent$ 1 600 X gross rent multiplier(GRM) 105.00 =$168 000 INDICATED VALUE BY INCOME APPROACH Comments on income approach(including expense ratios,if available,and reconciliation of the GRIM) SEE ATTACHED ADDENDUM. INDICATED VALUE BY SALES COMPARISON APPROACH .. ....................... ....... ................. $ 150000 INDICATED VALUE BY INCOME APPROACH ............... ... ..........__........... _ ......... ..._....... ...._.... .....__..._...... .....$ 168,000 INDICATED VALUE BY COST APPROACH ........... ... .......... .._......._.... ...... ...... ....._.......-.__..._.......$ 152961 Ha This appraisal is made "as is" subject to the repairs,alterations,inspections,or conditions listed below subject to completion per plans and specifications. Comments and conditions of appraisal: THE SUBJECT PROPERTY WAS APPRAISED IN"AS-IS"CONDITION AND IS LIMITED TO THE ATTACHEC STATEMENT OF LIMITING CONDITIONS. Final reconciliation: GREATEST WEIGHT WAS PLACED ON THE SALES COMPARISON ANALYSIS AND THE INCOME ANALYSIS WITH ADDITIONAL SUPPORT PROVIDED BY THE COST APPROACH. _ The purpose of this appraisal is to estimate the market value of the real property that is the subject of this report,based on the above conditions and the certification,contingent and limiting conditions,and market value definition that are stated in the attached Freddie Mac Farm 439/Fannie Mae Form 1004E(Revised 6193 ) I(WE)ESTIMATE THE MARKET VALUE,AS DEFINED,OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT,AS OF 10/27/2003 (WHICH IS THE DATE OF NSP. CTION AND THE EFFECTIV DATE OF THIS REPORT)TO BE$ 150000, SUPERVISO APPRAISE (ONLY IF REQUIRED): APPRAISER: Si nature Si nature ❑Did ®Did Not Name BRIAN J.K AL ST.RE S A#103 4 Name M RIO T GARCIA ST CERT RES REA Inspect Property Date Re ort Si e o e 2 03 Date Report Signed November 10 2003 State Certification# State State Certification# 0002528 State FL. Or State License# State FL Or State License# State Freddie Mac Form se 10-94 PAGE 4 OF 4 Fannie Mae Form 1025 10-94 Form SR3—"TOTAL for Windows"appraisal software by a la mode,inc.—1.800-ALAMODE File No.03-01909 FBN Pa a#6 Operating Income StatemE One- to Four-Family Investment Property and Two- to Four-Family Ownur-Occupied Property Property Address Street 266 SW 8th St City DANIA BEACH State FL. Zip Code 33004-3907 General Instructions: This form is to be prepared jointly by the loan applicant,the appraiser,and the lender's underwriter.The applicant must complete the fallowing schedule indicat- ing each unit's rental status,lease expiration date,current rent,market rent,and the responsibility for utility expenses. Rental figures must be based on the rent for an"unfurnished"unit. Currently Expiration Current Rent Market Rent Paid Paid Rented Date Per Month Per Month Utility Expense By Owner By Tenant Unit No.1 Yes No $ $ 750 Electricity.... O ❑ Unit No,2 Yes No $ $ 500 Gas..- ........ -..... Unit No,3 Yes EL No $ $ 350 Fuel Oil................ ❑ ❑ Unit No.4 Yes_Q No $ $ Fuel(Other)...... ..... a ❑� Total $ $ 1600 Water/Sewer..... Trash Removal_ ...... ® ❑ The applicant should complete all of the income and expense projections and for existing properties provide actual year-end operating statements for the past two years(far new properties the applicant's projected income and expenses must be provided).This Operating Income Statement and any previous operating statements the applicant provides must then be sent to the appraiser for review,comment,and/or adjustments next to the applicant's figures(e.g.ApplicanVAppraiser 288/300).If the appraiser is retained to complete the form instead of the applicant,the lender must provide to the appraiser the aforementioned operating statements,mortgage insurance premium,HOA dues,leasehold payments, subordinate financing,and/or any other relevant information as to the income and expenses of the subject property received from the applicant to substantiate the projections. The underwriter should carefully review the applicant's/appraiser's projections and the appraiser's comments concerning those projections.The underwriter should make any final adjustments that are necessary to more accurately reflect any income or expense items that appear unreasonable for the market. (Real estate taxes and insurance on these types of properties are included in PITI and not calculated as an annual expense item.)Income should be based on the current rents,but should not exceed market rents. When there are no current rents because the property is proposed,new,or currently vacant,market rents should be used. Annual Income and Expense Projecdon for Next 12 months Adjustments by Income(Do not include Income for owner-occupied units) By Applicant/Appraiser Lender's Underwriter Gross Annual Rental(from unR(s)tobe rented)-...........-............. ............ ...._--_ $ 19,200 $ Other Income(include sources).... ............ ..... + Total.....-..._............................... .........._....-....._-.........._-.........._ $ 19,200 $ Less Vacancy/Rent Loss.........-.._...... ...._...... --......... . ............ ........ - MO ( 5%) - l %) Effective Grass Income.__......-.... ............. ............-...._.....__......... $ 19110 $ Expenses(Do not include expenses for owner-occupied units) Electricity_................................................ -.........-............-............. 1 500 Gas._..-... ................._.-...-......_................-.._.. -......................... -. Fuel Oil............... ... -........... Fuel......._.......... _..._......... ....-._....._(Type ) Water/Sewer............._.................................-........ .... ....._-............... 1 080 Trash Removal AVOVE IN WATER Pest Control.......... _......- ._......_........ _...... ............. Other Taxes or Licenses..._..... ....... ... ......................... 3,350.84 CasualLabor,.......__....... . .......... ... ........._.-...........-........... This includes the costs for public area cleaning,snow removal,etc.,even though the applicant may not elect to contract for such services. Interior Paint/Decorating.. ...... ........... ........... 100 This includes the costs of contract labor and materials that are required to maintain the interiors of the living unit. General Repairs/Maintenance ._ _....... _ -..... ...._ 50 This includes the costs of contract labor and materials that are required to maintain the public corridors,stairways,roofs,mechanical systems,grounds,etc. Management Expenses . .... -- These are the customery expenses that a professional management company would charge to manage the property. 25 Supplies......... _. -................ ._ _ _... ..... .._-...._ -._. ....... -........... This includes the costs of items like light bulbs,janitorial supplies,etc. Total Replacement Reserves-See Schedule on Pg.2.... ...-......-._ -...- .... ........_ 1 093 Miscellaneous......_........... .............._....._-...- ..... ..... ..... ._ ..... .... Total Operating Expenses ........ ....._...-...._..... ._. ... . $ 7 198.84 $ Fannie Mae Freddie Mac Form 216 Aug 88 Form 998 Aug 88 Page 1 of 2 All Florida Appraisal Group(954)565-9970 Form INC—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No 037 1909 FBN Page#7 Replacement Reserve Schedule Adequate replacement reserves must be calculated regardless of whether actual reserves are provided for on the owner's operating statements or are customary in the local market. This represents the total average yearly reserves. Generally,all equipment and components that have a remaining life of more than one year-such as refrigerators,stoves,clothes washers/ dryers,trash compactors,furnaces,roofs,and carpeting,etc.-should be expensed on a replacement cost basis. Equipment Replacement Remaining By Applicam/ Lender cost Life Appraiser Adjustments Stoves/Ranges......... @ $ 450 ea. / 15 Yrs. x 2 Units = $ 60.00 $ Refrigerators.................. @ $ 600 ea. / 15 Yrs. x 2 Units = $ 80.00 $ Dishwashers. ......... @ $ ea. ! Yrs. x Units = $ $ A/C Units_. @ $ 2 500 ea. / 15 Yrs. x 2 Units = $ 333.33 $ C.Washer/Dryers....._.... .. @ $ 350 ea. / 15 Yrs. x 2 Units = $ 46.67 $ HWHeaters................... @ $ 300 ea. J 15 Yrs. x 2 Units = $ 40.00 $ Furnace(s).._.........._...... @ $ ea. 1 Yrs. x Units = $ $ (Other).. @ $ ea. ! Yrs, x Units = $ $ Roof................. ........ @ $ 8000 / 15 Yrs. x One Bldg. Carpeting (Wall to Wall) Remaining Life (Units) Total Sq.Yds. @ $ Per Sq.Yd./ Yrs. = $ $ (Public Areas) Total Sq,Yds. @ $ Per Sq.Yd./ Yrs. = $ $ Total Replacement Reserves.(Enter on Pg.1) $ 1,093 $ Operating Income Reconciliation $ 19.110 - $ 7,199 = $ 11,911 / 12 =$ 993 Effective Gross Income Total Operating Expenses Operating Income Monthly Operating Income $ 993 - $ N/A = $ 993 Monthly Operating Income Monthly Housing Expense Net Cash Flow (Note:Monthly Housing Expense includes principal and interest on the mortgage,hazard insurance premiums,real estate taxes,mortgage insurance premiums,HOA dues,leasehold payments,and subordinate financing payments.) Underwriter's instructions for 2-4 Family Owner-Occupied Properties • If Monthly Operating Income is a positive number,enter as"Net Rental Income"in the"Gross Monthly Income"section of Freddie Mac Form 65/Fannie Mae Form 1003. If Monthly Operating Income is a negative number,it must be included as a liability for qualification purposes. • The borrower's monthly housing expense-to-income ratio must be calculated by comparing the total Monthly Housing Expense for the subject property to the borrower's stable monthly income. Underwriter's instructions for 1-4 Family Investment Properties • If Net Cash Flow is a positive number,enter as"Net Rental Income'in the"Gross Monthly Income"section of Freddie Mac Form 65/Fannie Mae Form 1003. If Net Cash Flow is a negative number,it must be included as a liability for qualification purposes. • The borrower's monthly housing expense-to-income ratio must be calculated by comparing the total monthly housing expense for the borrower's primary residence to the borrower's stable monthly income. Appraiser's Comments (Including sources for data and rationale for the projections) BRIAN J.KENDALL November 10 2003 Appraiser Name 4' M Date Underwriter's Comments and Rationale for Adjustments Underwriter Name Underwriter Signature Date Fannie Mae Freddie Mac Farm 216 Aug 88 Form 998 Aug 88 Page 2 of 2 Form INC—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No 03-01909 FBN Page#8 Subject Photo Page Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St City DANIA BEACH County BROWARD State FL. Zip Code 33004-3907 Lender FLORIDA BANKERS NETWORK Subject Front RE266 SW 8th St Sales Price: 145,500 k m GBA: 1,875 Age: 1954 31 VI ° _ xs� Subject Rear �ti i s Y _ r, Subject Street Form PIC3x5.SC—"TOTAL for Windows"appraisal software by a la made,inc.—1-800-ALAMODE File No.03-01909 FBN l a#9 PHOTOGRAPH ADDENDUM Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St City DANIA BEACH Coun BROWARD State FL. Zip Code 33004-3907 Lender FLORIDA BANKERS NETWORK BATHROOM OF UNIT 1 qYY E YB 99 ¢ s ]] 7 3 � BEDROOM OF UNIT 1 y 6 }��x �p �y 3�1 •. — 4 _ jx NY+ y y 4U r E,o f r' e BEROOM OF UNIT 1 ,tr 'p d.i a p� E P' ":sue Form GPICPIX—"TOTAL for Windows"appraisal software by a la mode,inc.—1-80G-ALAMODE File No.03-01909 FBN Pa a#10 PHOTOGRAPH ADDENDUM Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St city DANIA BEACH County BROWARD State FL. Zip Code 33004-3907 Lender FLORIDA BANKERS NETWORK KITCHEN OF UNIT 1 }{ N T nd y, r t "M l n LIVING ROOM OF UNIT 1 tall - FAMILY ROOM OF UNIT 1 S W lk Form GPICPIX—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No.03-01909 FBN Pa a#11 PHOTOGRAPH ADDENDUM Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St cityDANIA BEACH CountyBROWARD State FL. Zi Code 33004-3907 Lender FLORIDA BANKERS NETWORK DINNING AREA OF UNIT 1 MAR gg BATHROOM OF UNIT 2 k i{ y+ � r -�— Y '14 QA ft' 2IR 79VA ml,v` � n � �� � t BEDROOM OF UNIT 2 rt� I t� Farm GPICPIX—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No.03-01909 FBN Pa a#12 PHOTOGRAPH ADDENDUM Borrower Client APOLONIO ESPINOLA Propet1y Address 266 SW 8th St city DANIA BEACH County BROWARD State FL. Zip Code 33004-3907 Lender FLORIDA BANKERS NETWORK LIVING ROOM OF UNIT 2 a.; ti BATHROOM-OF UNIT 3 t ' � a r f E a' � a ; 0 jai CLOSET AND WATER HEATER OF UNIT 3 Form GPICPIX—"TOTAL for Windows"appraisal software by a la mode,Inc.—1-800-ALAMODE File No.03-01909 FBN Pa a#13 PHOTOGRAPH ADDENDUM Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St city DANIA BEACH County BROWARD State FL. Zip Code 33004-3907 Lender FLORIDA BANKERS NETWORK X, ", KITCHEN AID OF UNIT 3 M1 � c MwX � '` °i �✓� � �"�t-'�� may" � �����I� ���� � E �s� Er+� r+���ir��>� 1�x-'t�-�• WOOD DECK OF UNITS 2&3 ,r�,b �� *��1�- 1", �"'^s..��{� ➢ rtj �1xua'pp �.��, 4 ��a� ��,r�' � s 3' RAER VIEW OF SUBJECTS ALLEY WAY 6 F Lzt y� 1 � n v t � F 1 Ks Form GPICPIX—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE file No.03-01909 FBN Pa a#14 PHOTOGRAPH ADDENDUM Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St city DANIA BEACH County BROWARD State FL. Zip Cade 33004-3907 Lender FLORIDA BANKERS NETWORK SIDE VIEW OF SUBJECTS PROPERTY W EA u Y � FRONT SIDE VIEW OF SUBJECTS PROPERTY z a tI t rl9�i� ta'I fljl � i j �{� F4} to � 3 y5- P FRONT SIDE VIEW FROM CARPORT OF i SUBJECTS PROPERTY Form GPICPIX—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No.03-01909 FBN Pa a#15 PHOTOGRAPH ADDENDUM Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St Ci DANIA BEACH CountyBROWARD State FL. Zi Code 330043907 Lender FLORIDA BANKERS NETWORK ra urn ,f ` VIEW OF SUBJECTS CARPORT � 0� 1 yK 3 t Eg 5" s ti `s �'ct- §' a' ~sty •, r`'�i ;� L ht Rxi: ' REAR VIEW OF SUBJECTS WOOD DECK 7a � w t6L Hti MNZIB x k SAME AS ABOVE u a r3 � - i a a Form GPICPIX—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No.03-01909 FBN Pa a#16 Comparable Photo Page Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St City DANIA BEACH County BROWARD State FL. Zip Code 33004-3907 Lender FLORIDA BANKERS NETWORK Comparable 1 7 48 SW 13 STREET F Sales Price 165.000 e,+ z slr� G.B.A. 2,030 � I Age/Yr.Bit. 1978/UPDATE I/ 1. s Comparable 2 273 SW 6 STREET „ Sates Price 156,500 G.B.A. 1,562 Age/Yr.BR. 1960/UPDATE s AM m't fit s EP Y'4' 6J t?��'.#,' �� �F�F�y1 Comparable 3 330 SW 16 STREET Sales Price 145,000 G.B.A. 1.426 Age/Yr.Bit. 1959/UPDATE ` q ?firs I — s + x� Form PIC3x5.CC—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No 03-01909 FBN Page#17 Location Map Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St City DANIA BEACH County BROWARD State FL. Zip Code 33004-3907 Lender FLORIDA BANKERS NETWORK _. - — _- NW 3rd P4 a.. _ v L N :NJJ 3rd,7er-..J NE3rd 5t.. o o N w '__:--- lrNW 3rd-St t t al w .aJ z 11 z d vz - I� st il. z 'w,zna!st uJ z I r rt ;_ NE 2nd_ 1 f- -- �z r'- z — z `3 nay �� NW 1st I I �I l NE.1sLSt I 1 ; ¢ tM .. _ NE�1sLTer E Oanra c -Beach BWd, _.......-..: r I m! 5: zL � 1SE ParK St ...! , ntiarrtl '6 } +. I 3lh sW�lst StI SE 1st m V �SE1st Teri z ! L r T,h mi i. Li nz, z�l _I d- I a' rn ' fn f _,r )I L. J ISE end Sil 7yc1gL� I _ _ i nd I I� }N - I�I" i SE Z z r SW 2ndiTer t� SE3rd-51 SE3rd Tar-)L l{ o �. 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McKln lsy-5t ffi-_.. _�z 71 — z Clave�nd 5t a - �r .A ur5t _.. z .. -- LL Gediefd 5t Form MAP.LOC—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Re No 03-01909 FBN Paoe#18 Building Sketch (Page - 1) Borrower Client APOLONIO ESPINOLA Property Address 266 SW 8th St City DANIA BEACH County BROWARD State FL. Zip Cade 33004-3907 Lender FLORIDA BANKERS NETWORK 1s.o' tss• KITCHEN 15.5' BATH BATH - WOOD DECK v v KITCHEN LIVING ROOM o BEDROOM 15.0' 15.5' 39.5' KITCHEN o BEDROOM 95, DINING AREA LIVING ROOM BEDROOM FOYER FAMILY AREA ROOM 30.0' S—hb Comments: AREA.CALCULATIONS SUMMARY LIVING/BUILDING AREA BREAKDOWN Code -Description Size - '.Net Totals Breakdown Subtotals: GLA1 First Floor 480.50 Pirst Floor First Floor 209.25 689.75 15.5 x 31.0 480.50 GBA1 First Floor 1184.50 1184.50 13.5 x 15.5 209.25 GAR Garage 237.50 237.50 30.0 x 36.0 1080.00 9.5 x ll.o 104.50 TOTAL LIVABLE (rounded) 690 TOTAL BUILDING (rounded) 1185 4 Calculations Total(rounded) 1874 Form SKT.BldSkl—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE File No 03-01909 FBN Page#19 1 1 DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated;(2)both parties are well informed or well advised,and each acting in what he considers his own best interest;(3)a reasonable time is allowed for exposure in the open market;(4)payment is made in terms of cash in U.S.dollars of in terms of financial arrangements comparable thereto;and(5)the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and,therefore,will not render any opinions about the Celle. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.)that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated)to anyone other than the borrower;the mortgagee or its successors and assigns;the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93 All Florida Appraisal Group(954)565-9970 Form ACR—"TOTAL for Windows"appraisal software by a la mode,inc.—1-800-ALAMODE Fila Nn 03-01909 FBN Page#20 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to,or more favorable than,the subject property,1 have made a negative adjustment to reduce the adjusted sales price of the comparable and,if a significant item in a comparable property is inferior to,or less favorable than the subject property,I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge,that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal,unbiased,and professional analysis,opinions,and conclusions,which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report,and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base,either partially or completely,my analysis and/or the estimate of market value in the appraisal report on the race,color, religion,sex,handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property,and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party,the amount of the value estimate, the attainment of a specific result,or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal.I did not base the appraisal report on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal,with the exception of the departure provision of those Standards,which does not apply.I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements,on the subject site,or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks.I have not authorized anyone to make a change to any item in the report;therefore,if an unauthorized change is made to the appraisal report,I will take no responsibility for R. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report,have reviewed the appraisal report,agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 266 SW 8th St DANIA BEACH FL.33004-3907 APPRAISER: SUPERVISORY APPRAISER (only if required): Signature: s Signature: _ u, Name: BRIAN .KE AIL T REG.8- TM24 Name: "ARIO T GARC)A ST CERT RES-REA Date Signed: 1�e 3 Date Signed: November 10 2003 State Certification#: State Certification#: 0002528 or State License#: �— or State License#: State: FL. State: FL. Expiration Date of Certification or License: 11/30/04 Expiration Date of Certification or License: 11/30/04 ❑Did ® Did Not Inspect Property Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 10048 6-93 Form ACR—"TOTAL for Windows"appraisal software by a la mode,Inc.—1-800-ALAMODE 95/10/2004 07:45 9549655392 KJSPA PAGE 03/13 04/09/2004 11.28 354-32 75 LTW R ARIKA PAGE F52 Y. __._ ReskleVOCE SAlle end Purchatss contract gax{ }'J23-540 momp @ ASSOCWTV4 Gw FMALTOMO 2" °_ Ord fte# as: 3 � 4" A&km8b: COilil4y: 6` i�et� Tan 67 . e 9 �i9 tosttor�, �` JO& 1n the pwuh&% er 1S" , am Pa. id ep tfae tbo ootibib+rtorl►udve le ! TeP 4s of cw*A*;a leaded hL UN pumho"PMM 97 FIUCR AM pttVA OM4 19" Omaha E pqmv) 2T t t ens ca v &paWt W be M*%by Ym :B ob a OWN wnu=W�' 2d (!d 2w to ctose#lot t kdrq es cow, ° ate°p ?' 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