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HomeMy WebLinkAbout2007-03-15 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 15, 2007 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE 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'S OFFICE, 100 W. DANIA BEACH BLVD,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING, IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case #02-3248, for property located at 750 NE 7t"Avenue (#0235-17-0030) 3.2 Request for abatement for J. Glezelis LLC, Case #05-1389, for property located at 4627 SW 34t"Terrace (#0230-04-0410) 3.3 Request for abatement for Real Estate Development I LLC, Case #05-1010, for property located at 4716 SW 32"d Avenue (#0230-01-0130) 3.4 Request for abatement for Real Estate Development I LLC, Case #05-0953, for property located at 4732 SW 32°d Avenue (#0230-01-0140) 3.5 Request for abatement for Sovereign International Properties Inc., Case #05-1073, for property located at 303 N. Federal Highway (#0234-06-0730) 3.6 Request for reconsideration of abatement for MYSB LLC, Case #04-1269, for property located at 4680 SW 33rd Avenue (90230-03-0090) 4. ADJOURNMENT AGENDA REQUEST FORM CITY OF DANIA Date: February 22, 2007 Agenda Item #: Title: Request for Abatement 40�0 Requested Action: Consideration of the Abatement Request for Palm Beach Polo Holdings Inc. —02-3248—750 NE 7 Avenue Summary Explanation & Background: This was originally cited on 8/26/02 for 1 violation and was given 30 days to comply. This was taken to the board on 2/03/03 for 1 violation and it was continued until the 3/03/03 meeting. At the 3/03/03 meeting, the case was again continued to the 6/02/03 meeting. At the 6/02/03 meeting, the case was continued to the 9/08/03 meeting. At the 9/03/03 meeting, a final order was issued giving the defendants 90 days to comply or a fine of $100.00 per day would be levied. The compliance date was 12/18/03. The defendant was granted an extension until 3/17/04 to comply. The property was not brought into compliance and the lien was confirmed on 7/06/04. This went back to the board on 2/07/05 for partial release of lien on the Fort Lauderdale property. On 5/09/05 they were granted a 30 day extension until 6/06/05. At the 6/06/05, authorization to foreclose was given. The property was brought into compliance on 1/29/07. The fine ran from 3/17/04 through 1/29/07, 1048 days @ $100.00 per day = $104,900.00 including recording fee of $100,00. This was granted continuance to the 2/05/07 Special Magistrate hearing. At the 2/5/07 Special Magistrate hearing, the abatement of$26,200.00 was given. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 2/03/03, 3/03/03, 6/02/03, 9/08/03, 7/06/04, 2/07/05, 5/09/05, 6/06/05, Code Board meetings and the 2105/07 Special Magistrate hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $26,200.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 02-3248 municipal corporation PLAINTIFF, FINAL ORDER vs. PALM BEACH POLO HOLDINGS INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 8, 2003, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action,- and b. Defendant, Palm Beach Polo Holdings Inc., did allow the following code violation to exist at property Defendant owns located at 750 N. E. 7 Avenue, Dania Beach, Florida, which property is legally described as: PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 y LESS DANIA CANAL (# 0235 17 0030): 1. Florida Building Code 104.1, Permits Required. Defendant did install or allowed to be installed, docks and piles, without a permit. Failure to obtain permit for the installation of docks and piles. FINAL ORDER #02-3248 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED.- 1. Defendant, Palm Beach Polo Holdings Inc.: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 90 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, Palm Beach Polo Holdings Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 90 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this /9 day of k4�--- , 2003. DANIA BEACH CODE ENFORCEMENT BOARD Richard Be or, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-3248 PAGE 3 Notary Seal: Sworn and subscribed before me this day of 2003. NOTARY PUBLIC TATE OF FLORIDA Richard Bettor is personally known to me. G1068JBr3ndeS AN My commission DD187260 Jo Expires MaY 10,2007 wa Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-3248 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Palm Beach Polo Holdings Inc., this day of � 2003. CERTIFIED MAIL 7002 2030 0003 2168 5698 ch CODE ItNFORCEMENt BOARD CLERK APPROVED.,AS TO FORM AND CORRECTNESS t=- TIM RYAN, SPECIAL CITY 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 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 02-3248 Municipal corporation PLAINTIFF, FINAL ORDER vs. PALM BEACH POLO HOLDINGS INC. DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Kenneth Koch, on the City's Motion to Confirm Fine held on the 6th day of July, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 19th day of September, 2003, a Final Order in the above captioned case commanding the defendant, Palm Beach Polo Holdings Inc., to bring the violation specified in said Final Order into compliance on or before the 181h day of December, 2003, or pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #02-3248 2. That the Board did issue on the 22nd day of January, 2004, a Supplemental Order granting the Defendant's request for extension of time for the imposition of the fine until March 17, 2004. 3. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 & LESS DANIA CANAL (# 0235 17 0030). 4. That the Defendant, Palm Beach Polo Holdings Inc., did not comply with the Final Order on or before the date specified therein. 5. 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 from March 17, 2004 until such time as the defendant, Palm Beach Polo Holdings Inc., shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 6. 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 a 7 Day of 12004. DANIA BEACH CODE ENFORCEMENT BOARD A, Richard Bettor, Chairman Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #02-3248 Sworn to and subscribed before me this .27 day of gz& , 2004, By Richard Bettor, who is personally known to me. 1 t NQeTARY PU t IC 8TATE OF FLORIDA �n v Gloria J Brander My commission DD187260 Expires May 10,2007 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd, Dania Beach, Fl 33004 SUPPLEMENTAL ORDER 902-3248 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Palm Beach Polo Holdings Inc., this oZ7 day of L , 2004. CERTIFIED MAIL # 7002 2030 0003 2169 6076 COD ENrORCOMENT BOARD CLERK APPROVE TO FOR ND CORRECTNESS TIMOTHY/ . RYAN, SPECIA CITY ATTORNEY Xc: Larry A. Zink, Esq., Zink, Zink, & Zink Co., L. P. A., 1198 Hillsboro Mile, Hillsboro Imperial West, Suite 244, Hillsboro Beach, FI 33062 Certified Mail 7002 2030 0003 2169 6144 Also sent regular mail Return to: Patricia Varney 4 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, F1 33004 M , UW 9t ^S.`4a7 FLORIDA August 26, 2002 PALM BEACH POLO HOLDINGS INC Case Number : 02-00003248 11199 POLO CLUB RD WELLINGTON, FL 33414 Location: 750 NE 7 AVE Folio : 504235170030 Legal Description : PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 & LESS DANIA CANAL PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 Dear PALM BEACH POLO HOLDINGS INC : You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re-inspection by September 25, 2002 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sinc rely, C� KENNETH KOCH BUILDING OFFICIAL I certify that an original hereof was furnished to the above named addressee by:. Certified Mail # 7002 0860 0000 5814 1428 by BETH DAGNON . "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 02-00003248 PROPERTY ADDRESS 750 NE 7 AVE --- ---- --- - - -- - ---- -- ----------- ----- --- -- - -- ---- -- - ---------- VIOLATION: FBC 104 . 1 PERMITS REQ. QUANTITY: 1 DESCRIPTION: FBC 104 . 1 PERMITS REQ. , DOCKS DATE : 8/26/02 LOCATION: NARRATIVE Remedy: Contractor to obtain permit from City, request and receive approved inspections . ORDINANCE DESCRIPTION : Violation of FBC 104 . 1 , Permits Required. Problem Description: Docks and piles installed without permit . a IC VIOLATION OF: OF—R(— IT7 JZf-i*ur2D PROBLEM DESCRIPTION: 00(eK I{-Po i) I c FS L PsT4cc r-P Pc:�rr it REMEDY: TT' c6-170 u P FR rl IT �/zc n rl>-Y, RFc�=lci�= ,A-�VRuv�� Tr✓fv��n -r�s NUMBER OF DAYS TO CORRECT: ? D VIOLATION OF: PROBLEM DESCRIPTION: REMEDY: i You wcW,f fb ?iS 1 b F-$C? yes NUMBER OF DAYS TO CORRECT: O whl'c 3 a as w� �S 22. #02-3248 Palm Beach Polo Holding Inc. 750 NE 7 Ave Dania Beach, FL William Dubisky having been previously sworn in, came forward and asked for a continuance in the absence of Kenneth Koch, Building Official on case #02-3248. It was on the motion of Judy Jensen, seconded by Jimmy Peterman to continue case #02-3248 for 30 days. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor - yes 23. #02-3254 George Roebuck 41 NW 5 Ave Dania Beach, FL Eric Baker having been previously sworn in, came forward and stated that notice was sent Certified Mail and service was obtained; notice was also sent via first class mail and the property was posted; the affidavit is on file. This is a violation of Chapter 13, Section 13-23, public nuisance, commercial vehicles not permitted, Chapter 13, Section 13-23, public nuisance, trash and junk on the property, Chapter 14, Section 14-2, abandoned vehicles, Chapter 8, Article II, Section 8-21 (4)(F), fence violation. As of today, Mr. Baker, said the property is still in violation of Chapter 13, commercial vehicles still on the property, Chapter 13, trash and junk on the property, Chapter 14, unlicensed vehicles has complied and Chapter 8, fence violation has complied. First contact was made on August 8, 2002. Chairman Bettor asked if anyone was present representing George Roebuck, no response was given. It was on motion of Gary Luedtke, seconded by Tim McLeod move to adopt a finding of fact on Chapter 14, and Chapter 8 violations and for the Chapter 13 violations that the defendant be given 30 days or a fine of$50.00 thereafter. Chairman Bettor entered one photo into evidence on this case. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor - yes Dania Beach Code Board Minutes 18 February 3,2003 investing in order to protect the property. David Nuby asked if the owners were trying to be rid of the property. Mr. Eutsey said that they were trying to sell the property or demolish the house. Mr. Johnson said that the property is in compliance by the city. There is $29,750.00 that needs to be paid or the city will foreclose. In addition, there are other monies owed of$1,048.88 for the city clean up; $119.66 for special assessment for paving; and $389.86 for outstanding utilities and meter pulled. This brings the total owed to $31,306.40. Attorney Pinsky stated that foreclosure being authorized does not mean that the property will be immediately foreclosed. Mr. Eutsey could request an abatement, which is a reduction of fine that would allow him to pay off the fine and get out of the foreclosure. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 9) #3248 Palm Beach Polo Holdings Inc 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and gave the following testimony. Service was obtained by posting the property, Affidavit of Service is on file, via first class mail, and Certified Mail with return receipt. Mr. Johnson turned the case over to Building Official Kenneth Koch. Mr. Koch, having been previously sworn in, came forward and gave the following testimony. The case was previously cited for work done, but cited in error. Original violation notice was mailed 8/06/02, but Mr. Koch had started the case in 6/02. There were docks and piles that had been installed on the property without obtaining a permit. There is one question whether certain docks and piles that are in Dania's cut off canal should be there. That will be determined when the application for permit comes in. As of this date, there is no response or application for permit. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie FL, who stated he works for Palm Beach Polo Holdings and Broward Yachts, came forward and was sworn in. Mr. McLaughlin said there were replacement of docks that was built long before ownership of the property. Mr. McLaughlin had to prove this knowledge to DEP, army corp. engineers, and 15 government agencies thru aerial photographs. The docks were replaced because they were in a bad state. There were five of six pilings that were put into the Dania cut off canal for a new dock. Upon realization that the dock would be in violation, the dock was not built but pilings still remained. Mr. McLaughlin said he came to the city to request the permit, but was told to get other government permits first. Mr. McLaughlin sent letter to the city stating the need for an extension of 45 or 60 days. Mr. McLaughlin is waiting on South Florida Water Management for the last permit. He needs extension as stated in the letter. Mr. Koch came back to podium to address the issue of government agencies being a nightmare. Mr. Koch stated that 90 days is needed for defendant to get done with government agencies Dania Beach Code Board Summary Minutes 7 March 3,2003 then move thru with the city. Tim McLeod made a motion to continue the case for 90 days which was seconded by Beulah Lair. Chairman Bettor asked for a roll call. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 10) #3046 Robert Cannarozzi 4025 Ravenswood Road Ft. Lauderdale, FL Code Inspector Gary Phaneuf came forward, was sworn in, and submitted eight photos to the board. Mr. Phaneuf gave the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, posting on property, and Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2, Public Nuisance, inoperable and unlicensed vehicle storage; Chapter 13, Section 13-26, excessive accumulation of weed, trees and plant life; Chapter 8, Article II, Property Standards, Section 8-21(4)(f), chain link fence is in need of repair; Chapter 8, Article I1, Property Standards, Section 8-21(a)(5)(a), (1) and (2), building is in need of paint and repair. As of today, the property is still in violation of Chapter 14, Section 14-2, Public Nuisance, storage of inoperable and unlicensed vehicles; Chapter 8, Article I1, Property Standards, Section 8-21(4)(f), fence is in need of repair. The first contact of the violation was 8/14/02. Chairman Bettor asked if there was anyone present representing Robert Cannarozzi. Robert Cannarozzi, 7628 Harbor Boulevard, Miramar FL, came forward and was sworn in. Chairman Bettor asked Mr. Cannarozzi to identify the pictures. Mr. Cannarozzi identified the pictures of the property. Mr. Cannarozzi stated that he had been working on the property, but he needs an extension of time. Chairman Bettor asked Mr. Phaneuf if Mr. Cannarozzi made a good effort to clean the property. Mr. Phaneuf answered that upon meeting Mr. Cannarozzi, he had complied with cutting weeds. Beulah Lair made a motion, seconded by Tim McLeod, to adopt the findings of Officer Phaneuf, that the violator be given 60 days or a fine of$100.00 per day. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 11) #3253 Tania Rodriguez 113 Int L Sosa and E Gonzalez 43 SW 11 Street 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; also sent via first class mail, property was posted, and Affidavit of Dania Beach Code Board Summary Minutes 8 March 3,2003 Methodist Church. Alfonso Higgs, 128 SW 22 Terrace, Ft. Lauderdale, 33312 came forward and was sworn in. Chairman Bettor asked Mr. Higgs how was he representing the church. Mr. Higgs answered that he was the pastor. Mr. Higgs started to explain when he had received notice of the violation, but Attorney Ryan interjected to ask if he was in compliance, then his case could be heard now as an abatement. Mr. Baker stated yes that the church was in compliance. Tim McLeod made a motion to hear the case as an abatement. The motion was seconded by Gary Luedtke 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 Mr. Higgs said that he brought the violation notice to the church's attention. The church had been painted, but the re-inspection was not called into the city. Mr. Baker said that there are two churches with the same address. Upon receipt of the first violation notice, the church that was not cited was painted; however, they realized the mistake and painted the church that was cited. It was on the motion of Jimmy Peterman to abate the fine to $500.00 because of the mistake of painting the wrong church. The motion was seconded by Judy Jensen and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-no Richard Bettor-yes Attorney Ryan told Mr. Higgs that he will be notified by the city commission. Mr. Higgs provided the correct mailing address to the board clerk. 14) #3248 Palm Beach Polo Holdings Inc. 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, received return receipt; also sent via first class mail, property was posted, and Affidavit of Service is on file. Mr. Johnson stated that the Building Official Ken Koch would testify on the case. Mr. Koch, having been previously sworn in, came forward. The violation was for piles that were put in the cut off canal without a permit. The defendants were trying to get their permit through DPEP, who is part of South Florida Water Management. They will need a continuous extension of time because DPEP is regulating the permit approval. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie, FL came forward and was sworn in. Mr. McLaughlin said there are two situations to the violation: one was some replacement piles for docks, and the second was for several pilings put into the Dania Beach Code Board Summary Minutes 10 June 2,2003 canal. No docks have been built on the installed pilings which are about three to four feet off the seawall. The defendants are currently awaiting the final approval from South Florida Water Management who is still processing the paperwork for the approval. Mr. Mc Laughlin asked for a 90 day extension. Judy Jensen made a motion to continue the case for 90 days. The motion was seconded by Jimmy Peterman 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 15) #3744 Salvatore and Ann Marie Russo 2400 Block of SW 31 Street Ft. Lauderdale, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and presented two photos. Service was obtained by Certified Mail, received return receipt, property was posted, Affidavit of Service is on file; also sent via first class mail. This is a violation of Chapter 28, Zoning, Article 27, IROM (Industrial Research Office Marine) District, Section 27.30(b), Prohibited Uses, the storage or parking of automobiles, trucks, and tractor trailer is prohibited in an IROM zoned district. The defendant was first notified of the violation on 11/20/02. Mr. Johnson said that after speaking to Douglas Wyckoff, attorney, he agreed with Mr. Wyckoff s recommendation that they be given a 90 day extension because a lot of the violations have been moved off the property. Attorney Ryan asked Mr. Douglas Wyckoff if he would come forward and agree that there was a finding of fact that a violation exists, that the violator be given 90 days to remove the vehicles, and if not corrected within the 90 days there will be a $100.00 per day fine. Mr. Wyckoff came forward and said yes. Judy Jensen made a motion based on Attorney Ryan's statement. The motion was seconded by Gary Luedtke 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 16) Authorization to Foreclose — CEB01-0152 — Brian R. Mathiasen — 4761 SW 26 Terrace Attorney Ryan asked for the board to move on the foreclosure property that is not homesteaded but has current violations. It was on the motion of Gary Luedtke, seconded by Jimmy Peterman, to move the authorization to foreclose. The motion carried on the following roll call: Dania Beach Code Board Summary Minutes 11 June 2,2003 Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 10) #02-3248 Palm Beach Polo Holdings Inc. 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by posting the property, Affidavit of Service is on file; also sent via first class mail, sent Certified Mail but did not receive the return receipt. The defendants were first notified on 1/08/03. Mr. Johnson said that Building Official Kenneth Koch will testify further in regards to the violation. Mr. Koch, having been previously sworn in, came forward and said that the violation notice was sent 8/22/02 for docks being replaced and piles being installed. The piles were installed in the Dania cut off canal. The defendant had to go through several agencies for approval in keeping the dock. They still have to go through to the Department of Planning & Environmental Protection (DPEP) in order to get approval. The approval on the piles has to go through South Florida Water District and Army Corp. The defendant has not received approval from Army Corp., and the piles have been removed from the canal. The docks still need permit. They still need DPEP before the city would grant the permit. Mr. Koch has been in communication with the defendant who had been trying diligently to resolve the violation. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings Inc. Robert Dean, 13502 SW 102 Lane, Miami, FL, came forward and was sworn in. Chairman Bettor asked Mr. Dean how was he representing Palm Beach Polo Holdings Inc. Mr. Dean replied that he is the general manager of Broward Yachts who is part of the company. Chairman Bettor asked Mr. Dean how far was the project. Mr. Dean provided some history in regards to the existing docks and piles, and how the company had tried to renovate the docks and piles. Mr. Dean said he had someone remove the piles. He has now redesigned the layout of the docks to their original form. Of the six original docks, five are rebuilt, but no permit was pulled; however, they are resolving the permit situation. He has been in contact with army engineer who has promised to have their recommendation some time soon. Once he receives the recommendation from army engineer, he will take that back to DPEP. South Florida Water District has signed off their approval. Mr. Dean says he estimates about 90 to 120 days before he could present the City of Dania Beach with a permit approval. Tim McLeod made a motion to accept the building official statement that the violations do exist and time is needed to clear up the red tape approvals, and grant the respondent 90 days or a fine of $100.00 per day. The motion was seconded by Beulah Lair and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 9 September 8,2003 Beulah Lair told Mr. Dean if he should need more time then he should request the time from the board. 11) #03-4832 Ravenswood Warehouse Investors 5935 Ravenswood Road, E-11 & E-14 Ft. Lauderdale, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, have the return receipt in file, posting of the property, Affidavit of Service is on file; also sent via first class mail. They were first cited 6/19/03. Mr. Johnson said that Fire Marshal Ed Tarmey would present the case. Fire Marshal Ed Tarmey, came forward and was sworn in, and gave the following testimony. This is a violation at a cabinet shop. The property was originally inspected 6/19/03. The business was Florida Custom Cabinets who had converted a dry wall office into a spray booth. The lacquer and combustible liquids placed them in violation of NFPA 33, Chapter 7, Section 7-1, fire protection, an automatic fire protection system is required in spray booths; FFPC Chapter 17, Section 17-3.5.2 for ventilation, the spray booth was not properly ventilated. The defendant was required to submit plans, submit permit, and receive inspections for both violations. The spray booth was in violation of FFPC Chapter 17, Section 17- 3.3.1.3, the spray room was not properly constructed. It should have had non combustible materials, non absorbent, cleanable surfaces, and have proper exits. Upon re-inspection, the property was still in violation. Chairman Bettor asked if there was anyone representing Ravenswood Warehouse Investors. Allen Kurtzman, 502 N. Highland Drive, Hollywood, FL, came forward and was sworn in. Mr. Kurtzman said he is the property manager of Ravenswood Warehouse. Upon receiving notice of the violations, Ravenswood Warehouse attorneys sent a letter to the tenant advising him that he was in violation of his lease; his lease would be terminated. On 8/28/03, there was a second letter sent to the tenant advising him that his lease was expiring 9/30/03. Mr. Kurtzman said that the tenant will speak in regards to the operations. Carlos Rubio, 2730 Lincoln Street, Hollywood, FL, came forward and was sworn in. Beulah Lair asked Mr. Rubio if he is still operating the business. Mr. Rubio said yes, and he is complying with the violations. Mr. Rubio said he does have the spray booth without a permit. He had hired a company to install the booth. Tim McLeod asked Mr. Rubio if his landlord will renew the lease once Mr. Rubio complied with the code. Mr. Rubio said he has proof that they will renew the lease. Mr. Kurtzman said yes they will potentially continue the lease. Tim McLeod asked Mr. Rubio what is preventing him from obtaining a permit. Mr. Rubio said he has hired a company who will be doing the job. Attorney Ryan said that if Mr. Rubio does not comply on 9/30/03, the landlord will terminate the lease. Mr. Tarmey submitted 5 photos. Chairman Bettor asked the respondent to identify the photos; Mr. Rubio identified the photos. Gary Leudtke made a motion that notice was properly served, to adopt the findings of fact by Ed Tarmey, that the offender be given 30 days to obtain the Dania Beach Code Board Summary Minutes 10 September 8,2003 representing Elisabeta Patriche. Elisabeta Patriche, 200 SE 4th Terrace was sworn in. Dana Ionescu daughter of Patriche, 200 SE 41h Terrace was sworn in. Chairman Bettor asked Ms. Patriche and Ms. Ionescu to identify the pictures of their property. Ms. Patriche and Ms. Ionescu gave testimony. Ms. Patriche identified the pictures of their property. Jimmy Peterman motioned to confirm the fine with compliance date as of today, the motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 7) Motion to Confirm Fine- #02-3248 — Palm Beach Polo Holding Inc. — 750 NE 7th Avenue Building Official Kenneth Koch came forward was sworn in and gave the following testimony on the past history of the case and stated this is a motion to confirm fine. Mr. Koch stated, as of this date, they still are not in compliance. Chairman Bettor asked it there was anyone representing Palm Beach Polo Holdings. Larry Zink, attorney for Palm Beach Holdings, 1198 Hillsboro Mile Suite 224, Hillsboro Beach, FL 33062, came forward and gave testimony on the steps that were taken to try to comply. Attorney Ryan told Attorney Zink that they have to resolve this legal action to compel the agencies involved to act and that we can not continue to let the case be continued. Glen Straub, President, came forward and was sworn in and gave testimony that they have taken care of the situation with the Corp of Engineers and that they are now dealing with the county attorney. Attorney Zink then requested 60 additional days from the board. Tim McLeod made a motion to confirm the fine, the motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 8) Motion to Confirm Fine- #03-4286- William A. Galdorise & Michael J. Galdorise- 4911 SW 29th Way Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. He stated this is a motion to confirm fine and the property is still not in compliance as of this date; a building permit has not been issued. Building Official Kenneth Koch, having been previously sworn in, came forward and gave testimony that a permit application was applied for and rejected on June 18, 2002 and the owner removed the application from the department and never returned with the application and there has been no further contact. Mr. Koch stated that he took a look at it back on February 23 of this year and to date has not received a new application or issued permits for the work that was done. Chairman Bettor Dania Beach Code Board Summary Minutes 3 July 6,2004 years Mr. Belle decided to pay all the arrears on the mortgage, got a quit claim deed and brought the property into compliance. Attorney Dubow presented more pictures that show how the property looks today. He said that Mr. Belle became owner of the property six months prior to the compliance date and in those six months he turned the property around from the way it was to the way it is now. Mr. Dubow asked that the City levy a fine for their costs and ....this particular home owner for his initiative to bring this property into respectability. Judy Jensen made a motion to abate the fine to the City's cost of $1500 based on the fact that it's a good thing for the City to see the neighbors improve their properties and the properties around them. Jimmy Peterman seconded the motion and it carried on the following roll call: Judy Jensen- yes Jimmy Peterman- yes Richard Bettor—yes Terrell McCombs-yes 6. Request for Partial Release - 02-3248 - Palm Beach Polo Holdings Inc. - 750 NE 7th Avenue Chris Ryan, attorney for the board stated that this was a violation for the installation of docks and piles without a permit. The property is still in violation and still running a fine of $100.00 per day. The city received a letter from the representatives of East Yard Partners, LLC who have purchased property in Fort Lauderdale previously owned by Palm Beach Polo Holdings Inc. and they are requesting a release of lien as to that property only. Mr. Ryan said that since a code enforcement lien becomes a lien on all real property that a person owns in the county, the recording of this Dania Beach lien affected the sale the property in Fort Lauderdale. The applicant is requesting that the lien be released only as to the Fort Lauderdale property and the city would still have the lien against the Dania Beach property until that property comes into compliance. The fine would continue to run. This allows him to go ahead and get the proceeds of the sale from of the second property and use that to bring this property into compliance and this works well for the owner and doesn't adversely impact the city. Jimmy Peterman made a motion to release the lien on the property in Fort Lauderdale, Folio #0421600090 located at 1601 SW 201h Street. Judy Jensen seconded the motion and it carried on the following roll call: Judy Jensen- yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes David Nuby arrived. 7. Authorization to Foreclose - 02-3248 - Palm Beach Polo Holdings Inc. - 750 NE 7th Avenue Attorney Chris Ryan stated that this is an authorization for the City Attorneys to go ahead and file the foreclosure action. Mr. Robert McLaughlin, 3790 SW 106 Dania Beach Code Board Summary Minutes 3 February 7,2005 Ter, Davie Florida, an employee of the Palm Beach Polo Holdings Inc. came forward and was sworn in. Mr. McLaughlin stated that the docks were installed in 1984 and they did repairs to them without permits. They have gone through many agencies to try and obtain a permit but they have been hung up with one agency which is the Department of Environmental Protection and the reason being that they have a neighbor who has filed an objection. He said that his attorney Mr. Larry Zink sent a letter to the Board dated February, 2005 asking for abatement. Mr. William Johnson asked to continue this case for another 30 days. Judy Jensen asked why the neighbors were objecting to having the docks there. Mr. McLaughlin explained that the neighbor would rather the docks aren't there because he has very big ships coming there. He said this is an issue they are trying to work out administratively with Broward County. Judy Jensen made a motion to continue the case for 30 days and it was seconded by Jimmy Peterman. The motion carried on the following roll call: David Nuby—yes Judy Jensen- yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes 8. Request for Extension - Case # 04-1038 - Shree-Ram Motel-338 S Fed Hwy Chief Code Inspector William Johnson having been previously sworn in came forward and requested an extension of time. He stated that this case was first heard by the Board on 10/04/04 for two violations. The Board gave a final order giving the defendant 60 days to comply or a fine a $100 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12/19/04 to 2/2/05 and they are requesting an extension of time from that date. Mr. Johnson recommended a 30 day extension from 2/2/05. Chairman Bettor asked if there was anyone representing Shree-Ram Motel. No one came forward. Judy Jensen made a motion to extend the case for 30 days from 2/2/05. Jimmy Peterman seconded the motion and it carried on the following roll call: David Nuby—yes Judy Jensen- yes Jimmy Peterman -yes Richard Bettor—yes Terrell McCombs-yes 9 Request for Extension — Case # 04-1041 - Shree-Ram Motel - W of 340 S Fed Hwy Chief Code Inspector William Johnson having been previously sworn came forward and asked for a 30 day extension. He stated that this case was first heard by the Board on 10/04/04 for two violations. The Board gave a final order giving the defendant 60 days to comply or a fine a of $150 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12.19.04 to 2/2/05 and they are requesting an extension of time from date. Mr. Johnson recommended a 30 day extension from 2/2/05. Judy Jensen made a motion to extend the case Dania Beach Code Board Summary Minutes 4 February 7,2005 27) Authorization to Foreclose # 02-3248 Palm Beach Polo Holdings 750 NE 7 Ave Attorney Tim Ryan asked for a continuance because he said the defendant is working with the County Environmental Agency to get authorization for a limited number of docks. At that point they can come back to the Board for an abatement request. It was on motion of Judith Tulacro seconded by Jay Hamilton to grant a continuance of 30 days. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 28) #04-1013 Robert Steven Adaway 225 SW 3 Terrace DANIA BEACH, FL Code Inspector Eric Baker, having been previously sworn in, came forward and explained this is a motion to confirm fine. Corrective Action was to be taken on or before 12/08/04. Reinspection on 5/9/05 revealed no corrective action had taken place. Chairman Bettor asked if there was anyone representing Robert Steven Adaway, but no one came forward. It was on motion of Judy Jensen, seconded by Tim McLeod that a motion to confirm the fine was granted. The motion had the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 29) # 04-1141 Richard Mathiasen 4500 SW 34 Ave Dania Beach, Fl Code Inspector Gary Phaneuf, having been previously sworn in, came forward and explained this is a motion to confirm fine. Corrective Action was to be taken on or before 02/01/05. Reinspection on 5/9/05 revealed no corrective action had taken place. It was on motion of Jay Hamilton seconded by Judith Tulacro, to confirm fine based on findings of Inspector Phaneu£ The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes .Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 30) # 04-0234 Steven Saber 4961 SW 37 Terrace Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and explained that this is a motion to confirm fine. Corrective Action was to be taken on or before 10/28/04. A reinspection of the property on 5/9/05 revealed no corrective action had taken place; permits still have not been issued. It was on motion of Judith Tulacro Dania Beach Code Board Summary Minutes 13 May 9,2005 David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 11) Request for Abatement#00-1410 Edith & Elsaida Tucker- 720 SW 6 St Attorney Ryan presented the case to the Board and explained attorney Emerson Allsworth contacted him. Mr. Allsworth believed this would be a larger fine because it was an issue referencing a second building violation which was dismissed. When Mr. Allsworth found out it was $1750 he said he was fine with that. Mr. Ryan asked the Board to deny the abatement request. It was on motion of Judy Jensen, second by Tim McLeod to deny the request for abatement. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 12) Authorization to Foreclose #02-3248—Palm Beach Polo Holdings- 750 NE 7 St Attorney Tim Ryan explained this case is a violation for installation of docks and pilings without a permit. A foreclosure is recommended on the case. It was on motion of Jimmy Peterman, second by Judy Jensen to go ahead with a foreclosure. The motion carried on the following roll call: David Nuby-Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 13) Request for Dismissal- #02-3057-Josephine Lombardi - 4493 Sw 49 Ct # 04-0645- Hanson & Nelson Inc- 10 N Federal Hwy # 04-0017- Tianna Channel Copeland—208 NW 14 Ct # 00-2142- Barbara Walker—9 SW 6 Ave # 00-1479- Madelyn McCutcheon- 38 NW 7 Ave Attorney Tim Ryan requested all these cases be dismissed due to change in ownership. It was on motion of Tim McLeod, second by Judy Jensen to dismiss all the cases due to an ownership change. 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LAW OFFICES 3711 WHIPPLE AVE.,NW CANTON,OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone: (330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK* Fax: (330)492-3956 FLORIDA Cellular Phone: (330)495-0171 E-Mail: LAZOHIO@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax: (954)428-3672 January 25, 2007 Mr. Lester Garcia DHL: 62311729141 Dania Beach Code Compliance Clerk City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No.: 02-3248 (Abatement Request) Dear Mr. Garcia The undersigned is attorney for Palm Beach Polo Holdings, Inc. A Formal Hearing is scheduled before the Special Magistrate for Municipal Code Compliance on Monday, February 5t1i, 2007 at 6:30 P.M. I am enclosing herein a binder prepared for Palm Beach Polo Holdings, Inc. setting for the Polo Holdings position as to why the fine should be abated and the lien released. Please provide the binder to the Special Magistrate before the Hearing. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. Larry A. Zink, Esq. LAZ/mab Cc: Palm Beach Polo Holdings, Inc. m-rfiles\pbholdings.510\02-3248\garcia-dania beach code compliance.doc SPECIAL MAGISTRATE DANIA BEACH CODE COMPLIANCE 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation Case # 02-3248 Plaintiff NOTICE OF FORMAL HEARING (Abatement Request) vse PALM BEACH POLO HOLDINGS, INC. Respondent(s) TO: PALM BEACH POLO HOLDINGS, INC. 11199 POLO CLUB RD. WELLINGTON, FL 33414 You are hereby notified that the City of Dania Beach has alleged that you are in violation of the following Code Section, Code of Ordinances, City of Dania Beach, Florida. FBC 104.1 A copy of the Notice of Violation of municipal ordinance, previously served upon you, is attached. You are further notified that the SPECIAL MAGISTRATE FOR MUNICIPAL CODE COMPLIANCE will hear and try the alleged violation at 6:30 P.M. on February 5, 2007 at the City of Dania Beach, 100 West Dania Beach Blvd., Dania Beach, Florida. 4 IMPORTANT—READ CAREFULLY 1. You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance. Please bring this NOTICE OF FORMAL HEARING with you. 2. If you have witnesses, books, receipt or other writings bearing on this alleged violation, bring them with you to the hearing. 3. If you wish to subpoena witnesses, see the Dania Beach Code Compliance Clerk, City Hall, 100 West Dania Beach Blvd., Dania Beach Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the Special Magistrate for Code Compliance with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appear is to be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Dania Beach Code Compliance Clerk, leave your name, phone number, and case number and an inspector will recheck the property for compliance. 7. In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact the Code Compliance Special Magistrate Clerk at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3646 not later than two business days prior to such proceeding. DATED at Dania Beach, Florida, this 12th day of January 2007. Dania Beach Code Compliance Clerk —'z' 3y: - x Lester Garcia (954)924-3790 Certified Mail 7006 2760 0004 7017 5354 Also sent regular mail xc: Zink, Zink & Zink CO., L.P.A. 3711 Whipple Avenue N.W. Canton, OH 44718- 2933 Certified Mail 7006 2760 0004 7017 5361 CITY OF DANIA BEACH, A FLORIDA MUNICIPAL CORPORATION , PLAINTIFF VS. PALM BEACH POLO HOLDINGS INC. RESPONDENT CASE NO. 02-3248 RESPONDENT PALM BEACH POLO HOLDINGS REQUEST FOR ABATEMENT AND RELEASE OF LIEN AND SUPPLEMENTAL MEMORANDUM IN SUPPORT OF REQUEST FOR ABATEMENT AND RELEASE OF LIEN HEARING BEFORE THE SPECIAL MAGISTRATE FEBRUARY 5, 2007- 6:30 PM ZINK, ZINK & ZINK CO., L.P.A. ® LAW OFFICES t 3711 W HIPPLE AVENUE N.W. CANTON, OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone(330)492-2225 *ADMITTED TO PRACTICE IN LARRY A. ZINK * Fax(330)492-3956 FLORIDA E-MAIL: LAZOHIO@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax(954)428-3672 July 14, 2006 Clerk — City of Dania Beach City of Dania Beach Code Enforcement Board 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No. 02-3248 750 N.E. 7th Avenue, Dania Beach, Florida • Dear Clerk of the Board: Enclosed is the original and two copies of Palm Beach Polo Holdings, Inc. Request for Abatement and Release of Lie-a. Please return a stamped filed copy, to the undersigned in the enclosed self-addressed stamped envelope. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. L A. Zink, Esq. LAZ/mab Enclosures m-rfi1eS\pbho1dings.6\510\dalvabeachdock\dania code eiif board.doc !I • CITY OF DANIA BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, a Florida Municipal Corporation Plaintiff, Case No. 02-3248 VS. PALM BEACH POLO HOLDINGS, INC. Defendant. DEFENDANT PALM BEACH POLO HOLDINGS, INC. REQUEST FOR ABATEMENT OF FINE AND RELEASE OF LIEN 1) This request is for abatement involving certain property located at 750 NE 71h Avenue in the City of Dania Beach, Florida, 120-39 B Parcel A less E333 and less N 249 and less Dania Canal (#0235 17 0030). 2) On April 26, 2002, Palm Beach Polo Holdings Inc. applied to the Broward County Environmental Protection Department for a license and permit for docks and pilings for a certain property owned by Palm Beach Polo Holdings located at 750 NE 7th Avenue in Dania Beach, Florida. 3) On September 19, 2003, the Dania Beach Code Enforcement Board issued a Final Order to bring the violation specified in said Final Order m-rfiles\pbholdings.510\02-3248\req abatement-fine rel-lien.doc 1 • relating to a permit for docks on Polo Holdings property, into compliance on or before December 18, 2003 or pay a fine of$100.00 per day. 4) On January 22, 2004, the Board issued a Supplementary Order granting Palm Beach Polo Holdings request for extension of time for imposition of the fine until March 17, 2004. 5) The per diem fine of$100.00 per day commenced on March 17, 2004. 6) On January 31, 2005, the Broward County Environmental Protection Department made a Final Determination denying the request of Broward Yachts, Inc. for a license and permit for the Docks. 7) On February 7, 2005, Broward Yachts filed a Petition for Review of Final Administrative Determination by the Environmental Protection Department ( EDP). 8) On March 30, 2006 a hearing was held before the Hearing Examiner on Broward Yachts Petition for Review of Final Determination. 3) On May 23, 2006 the Hearing Examiner issued his Final Order (Exhibit 1) which found that "The administrative decision denying the license/permit application to maintain docks is quashed and the matter is remanded to the EDP to take appropriate action in accordance with this Final Order." • 10) On June 13, 2006 the Broward County Environmental Protection m-rfiles\pbholdnngs.510\02-3248\req abatement-fine rel-lien.doc 2 Department filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 11) On June 14, 2006 G&G Marine, Inc. filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 12) On June 23, 2006 Broward Yachts filed its Responses to the Motions of the Broward County Environment Protection Department and G&G Marine. 13) On June 23, 2006, the Hearing Examiner issued his Omnibus Order (Exhibit 2) granting in part and denying in part the Post Hearing Motions. In the Hearing Examiner's June 23, 2006 Omnibus Order the Hearing Examiner specifically found that: 1) Petitioner (Broward Yachts) has fulfilled its burden of showing that the EDP's decision was not supported by substantial competent evidence; and 2) Broward Yacht may maintain the five existing docks and repair and replace them. 14) On January 31, 2006, the current tenant at the subject property did obtain from the City of Dania Beach a building permit for docks and pilings, Permit No. B-06-0087. 15) On February 7, 2006, the City of Dania Beach did issue a partial final m-rfiles\pbholdings.510\02-3248\req abatement-fine rel-lien.doc 3 ® on the Permit B-06-0097. 16) Palm beach Polo Holdings requests this Abatement and Release of Lien based upon the chronology of facts set forth above. Throughout the appeal of the EDP decision Counsel for Palm Beach Polo Holdings has kept the Dania Beach Attorney, Mr. Tim Ryan, advised as to the status of this appeal. Based upon the Hearing Examiner's Order, EDP erroneously denied the license and permit applications for the docks which applications were filed on April 26, 2002. The fines which are the subject of this request for abatement were not imposed until March 17, 2004. None of the fines would have been imposed if EDP had approved the license and permit applications. The Hearing Examiner specifically found that EDP erred in refusing to approve the license and permit applications for the docks. Respectfully submitted, f. Larry A. Zink;Esq. Florida Bar No. 0109592 ZINK, ZINK & ZINK CO., L.P.A. Ohio Office: 3711 Whipple Ave., NW Canton, OH 44718-2933 Telephone: (330) 492-2225 Telefax: (330) 492-3956 m-rfiles\pbholdings.510\02-3248\req abatement-fine rel-lien.doc 4 • Florida Office: 1198 Hillsboro Mile Suite 244 Hillsboro Beach, FL 33062 Telephone & Fax: (954) 428-3672 m-rfiles\pbholdings.510\02-3248\req abatement-fine rel-lien.doe 5 ® CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U.S. mail on this JV- day of July, 2006 to: Timothy M. Ryan, Esq. Dania Beach City Attorney Ryan & Ryan 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Fax: 954-921-1247 Larry A. Zink, Esq. Florida Bar No. 0109592 m-rfiles\pbholdings.510\02-3248\req abatement-fine rel-lien.doc 6 • BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, V. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. FINAL ORDER This matter came before the Hearing Examiner on March 30, 2006, at the Government Center West location on Broward Yacht's Inc.'s ("Yachts") Petition for Review of an administrative decision denying a license and permit application to maintain several docks in an easement waterway abutting property owned by Palm Beach Polo Holdings, Inc. ("PB Holdings"). At the hearing, the Environmental Protection Department was represented by Michael Owens, Esquire, who presented the testimony of Julie Krawczyk, Natural Resource Specialist II. The Petitioner was represented by Larry Zink, Esquire, who presented the testimony of Glenn Straubb, the President of Palm Beach Holdings, Inc. Also in attendance at the hearing was Steven Ganoe, President of G&G Marine, Inc. ("G&G")1 ' In the administrative process, G&G, by way of a letter from its lawyers, objected to permitting the docks to remain.Notice of the hearing was published in the Sun-Sentinel on March 18,2006 and March 26,2006, and on March 14, 2006, counsel for the Petitioner diligently attached the notice of hearing and sent it to G&G's attorneys, by e-mail. G,anoe presumptively appeared at the hearing because he received notice through one of these channels. However, G&G apparently made a tactical decision not to have Ganoe testify or to support its objections with evidence.This essentially left the EPD and its fine counsel with no evidence to support G&G's objections other than the hearsay evidence contained in G&G's lawyers' • FINDINGS OF FACT The pertinent facts surrounding this proceeding are largely undisputed. On May 5, 2002, the Broward County Environmental Protection Department ("EPD") issued Warning Notice No: WRN02-0125, to Yachts, a then tenant on the property, and PB Holdings, the owner of the property, for constructing docks and installing pilings at 750 NE 7"' Avenue in the City of Dania Beach, without first obtaining an Environmental - Resource License. As corrective action for the alleged violation, the warning notice required that Yachts and PB Holdings apply for an after-the-fact license to maintain the docks and pilings. Yachts submitted applications for Environmental Resource License No: DF03- 1121 and Environmental Permit Application No: 06-0194386-001 to enable it to maintain multiple docks in the easement waterway. The Petitioner offered into evidence photographs of the easement waterway showing that the docks have been in substantially the same area since January of 1985. While the EPD argued that the docks were facing slightly different angles in the photographs and that there was perhaps some discrepancy in the application submitted by Petitioner, the bottom line is that these docks in some shape or form have existed in this area for over twenty one years and have been used for substantially the same purpose for those years. In the administrative review process, only G&G and the Port Everglades Pilots' Association lodged objections to the docks, but the Pilots' Association withdrew its objection when the Petitioner agreed to remove a proposed 6th floating dock from its letters.Although hearsay evidence is admissible in an administrative hearing to corroborate or explain other evidence, it may not be used to support a finding not otherwise supported by competent substantial evidence. Spicer v. Metropolitan Dade County,458 So.2d 792 (Fla. 3d DCA 1984); Pasco Coun School l3d.v.Florida Pub.Employees Relations Comm'n, 353 So.2d 108(Fla. 1 st DCA 1977). 2 • application. The criteria to be used in determining whether a license should be granted are found in Section 27-337 of the Broward County Code. The only relevant standard to this proceeding found in that Section is Subsection (a)(1), whether the docks will adversely affect public safety or welfare or the property of others. No evidence was presented that the docks, which have been in existence at the location since 1985, have ever caused an accident or that they impede G&G's reasonable use of the easement. Moreover, while the EPD does have the right to regulate these docks and the navigable water upon which the docks rest,the easement area is not generally traveled by the public and more or less serves as an entrance to only two businesses, G&G and that of the Petitioner. CONCLUSIONS OF LAW The Hearing Examiner finds that no substantial competent evidence was • presented that would support or warrant the denial of the license and permit sought by the Petitioner to maintain its existing docks. The administrative decision denying the license/permit to maintain the docks is quashed and the matter is remanded to the EPD to take appropriate action in accordance with the terms of this Final Order. Done and Ordered,on June 5,2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq. Larry Zinc., Esq. • 3 • BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, v. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. OMNIBUS ORDER GRANTING IN PART AND DENYING IN PART POST HEARING MOTIONS This matter came before the Hearing Examiner on Respondent, Broward County Environmental Protection Department's ("EPD") Motion for Reconsideration of Final • Order and G&G Marine, Inc.'s ("G&G") Motion for Rehearing and/or Reconsideration, and the Hearing Examiner having reviewed both motions and the Petitioner's response thereto, it is ordered as follows: 1. The EPD argues that the Final Order entered in this matter was erroneous because the Hearing Examiner applied the wrong standard of review and burden of proof. If a decision made by the EPD is not supported by substantial competent evidence then the decision is arbitrary and capricious. The EPD seems to really be arguing that the hearsay evidence contained in G&G's attorney's letters are sufficient to establish that the docks present a safety hazard or adversely affect navigation. 2. To accept this argument would essentially place the administrative decision made by the EPD beyond meaningful review. If a neighboring property owner • . could file an objection in the administrative review process and then not appear at a hearing and make themselves available for cross examination, it would negate the need for an evidentiary hearing and would likely amount to a denial of due process. In essence, this is how the Hearing Examiner process differs from a petition for certiorari filed with the circuit court or district court. On certiorari, no evidence is taken and the appellate court simply determines whether the essential requirements of the law were observed .based purely on the record established before the lower tribunal. 3. The Hearing Examiner has reviewed the evidence and is satisfied that the Petitioner has fulfilled its burden of showing that the EPD's decision was not supported by substantial competent_evidence. See Etienne v. Muvico Theatres, Inc., 792 So. 2d 648 {Fla. 3`d DCA 2001). Therefore,the EPD's motion is denied. 4. G&G's motion's requests certain relief that is not inconsistent with the Final Order. Specifically, G&G requests that the Final Order prohibit the installation of additional docks and prohibit increasing the size of the existing docks. 5. The Hearing Examiner's decision rested in part on the fact that the docks were in place for many years and that there was no evidence presented that the docks caused a safety hazard or adversely affected navigation. However,it was certainly not the intent of the Hearing Examiner to authorize the installation or maintenance of additional docks,nor was it the intention of the Hearing Examiner to permit the Petitioner to expand the docks so that they protruded further into the waterway shared with G&G. 6. The Hearing Examiner viewed Petitioner's docks as being akin to a non- conforming use, which is permitted to continue to exist, but which may not be enlarged. Thus, this portion of G&G's motion has merit and is granted. Petitioner may maintain the 2 five existing docks and repair and replace them, but may not do so in a manner that causes any of the docks to protrude at a greater length or distance into the waterway. Additionally, Petitioner may not construct or maintain any docks other than the five existing docks. 7. G&G also requests that the Hearing Examiner prohibit the Petitioner from berthing yachts and large vessels. At the hearing, there was no evidence presented concerning such activity or its impact or potential impact upon G&G. To the extent G&G has this concern for future activities or operations, an application for an injunction in the court system is the correct avenue for relief, if warranted, rather than interjecting this issue into this proceeding after the final hearing has occurred. Thus, G&G's motion is s denied other than the relief granted in paragraph 6. Done and Ordered, on June 23,2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens,Esq. Larry Zinc.,Esq. Michael Garcia,Esq. 3 a ® SPECIAL MAGISTRATE DANIA BOARD CODE ENFORCEMENT BOARD 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida Municipal Corporation Case No.: 02-3248 (Abatement Request) Plaintiff, (Hearing Date 02/05/07 At 6:30 P.M.) vs. PALM BEACH POLO HOLDINGS, INC. Defendant. RESPONDENT PALM BEACH POLO HOLDINGS, INC. ® SUPPLEMENTAL MEMORANDUM IN SUPPORT OF REQUEST FOR ABATEMENT AND RELEASE OF LIEN On July 14t1i, 2006, Palm Beach Polo Holdings, Inc. (Polo Holdings) filed its Request for Abatement and Release of Lien with the Code Compliance Clerk. A Formal Hearing is scheduled before the Special Magistrate on Monday, February 51h, 2007 at 6:30 P.M. on Polo Holdings Request for Abatement and Release of Lien. This Supplemental Memorandum will set forth certain additional facts which are relevant to Polo Holdings Request for Abatement and Release of ® Lien which facts clearly establish that the fine should be totally abated and m-roes\pbholdings.510\02-3248\supp mem supp abatement&release.doc 1 the lien released. 1. At least five docks were located on the property since June 29th, 1987 (See Affidavit of Christopher Denison —Appendix I). 2. On April 26th, 2002, license and permit applications were submitted to the Broward County Environmental Protection Department for the docks in issue (Appendix 2). 3. On September l9th, 2003, the Dania Beach Code Enforcement Board issued its Final Order to bring into compliance that alleged the violations relating to a permit for the docks. It is Polo Holdings position that the permit for the docks was obtained when the five docks were installed in June ® 1987. 4. On October 241h, 2005, all of the docks were destroyed by Hurricane Wilma and no docks existed. 5. On December 13th, 2005, the tenant at Polo Holdings property submitted an application for General License for the docks (Appendix 3). 6. On January 6th, 2006, the Broward County Environmental Protection Department granted the request for a General License (Appendix 4). 7. On June 5th, 2006, the Final Order (Appendix 5) was issued by the Hearing Examiner for the Broward County Environmental Protection Department which Order specifically found that with regard to the April 26th, m-rfiles\pbholdings.510\02-3248\supp mein supp abatement& release.doc 2 ® 2002 license and permit application "no substantial competent evidence was presented that would warrant the denial of the license and permit sought by the Petitioner to maintain its existing docks." 8. On October 26th, 2006, the Broward County Environmental Protection Department issued its Notice of Intent to Issue Environmental Permit & License (Appendix 6). 9. While the license permit application was pending with the Broward County Environmental Protection Department, Polo Holdings kept the Dania Beach City attorney, Tim Ryan, fully advised as to the status (Appendix 7). 10. The sole and only reason the fine accrued was because the Broward County Environmental Protection Department wrongfully denied the license and permit applications submitted on April 26th, 2002. Conclusion For the reasons set forth in Palm Beach Polo Holdings Request for Abatement and Release of Lien and this Supplemental Memorandum, Polo Holdings requests the Special Magistrate to abate the fine in total and release the lien on the property. Respectfully submitted, G ® Larry A. Zink, Esq. Florida Bar No. 0109592 m-rfiles\pbholdings.510\02-3248\supp mem supp abatement& release.doc 3 • ZINK, ZINK & ZINK CO., L.P.A. Ohio Office: 3711 Whipple Ave., NW Canton, OH 44718-2933 Telephone: (330) 492-2225 Telefax: (330) 492-3956 Cell Phone: (330) 495-0171 Florida Office: 1198 Hillsboro Mile Suite 244 Hillsboro Beach, FL 33062 Telephone & Fax: (954) 428-3672 m-rfiles\pbholdings.510\02-3248\supp mem supp abatement&release.doc 4 F '7M :ZINK LRW OFFICE FRX NO. :3304923956 Jan. 1B 2005 04:09PM P1 Fier! 40.c IS®"9Zg956 • 95=g4-04 [la�9k - ,4 FFy qYDmlsolq L STAB OF eti SS: COUWY OP o fdt agnatl, C to � , sworn dot s Wffft&Mte b=d upo,persawi mowft4p Md Wief F frol)ow;,r : 1) AlUded h%vo as Exhibit 1 I5 a genttitre, ftW and correct copy of catlfn Cross-Uso F-'as=atu ffor Ui<=S and Rgr=d i jaw 29, 1997 and recorded in the Broward Carroty Ftoaida, Divislatt of Rwwdk ORA 14904 tag. 165(Mm Bftem�qnt), 2) As of June 29, 1997, 1 was PMDjdcjX of De*Lwn lv kdnq ittc., the Cmmtoc of the Easement. • 3) As of Jane 29, �Q�7,them were ks located within fhe y 2,264 am rafamd to as the 111(r�niUm Marine a Property)as set frbM io Exbjbft Bea Me Egaemenc 4) It was not the inteAt of the games to the Enamertt that the five docii dwcdbcd it, pamgrao 3 abovo would be Moved, and in fact, the Easement does nrt provid.0 for the removal Of said docks at any bane. From the da'C of the EOS=41 QMe 29, 1987) way at•�tcslpbtroIdirig45�s►�sOttstAdselt.a+vp •-J • H d Qt6E Bat b56 s� a �4 p P _311 :Z I NK LRW OFFICE FAX NO. : 3304923956 Jan. 19 20B5 84:OBPM P2 F@Bpr ZINK 2t#X ZIf4k �¢.t SS5-092t4sG a6-aa-CS ltofi®A P`,63- agpreY:MRftty 2003,being a.fte pedo€i oreaxt=n.(]6)y��, I am not lwmof RUMP-, rather orally or tit wing, claitirig that ttts 3 docks encroached on any provii:ion of the I13cment. qmt sots AjF-CdydP, STATE 0FXLQRMA COUNTY OF I hereby Oat* tw on this date, before r4p, Pam-1011y CHRISTOPHER I]I~PdiSON, who it permgally jtown to � yr wfro povi&,d proof of jdeaff=tkm mw did uWar "th 5igm the 1bt-c%j&eg IN TESITEMONY WMR90F, I have keunto set my hand aW oducial sew at 11M 6 day of Mgy,20N. Pu�Ifc my cmillinion Expires: o,{"" "1�Ia fa�ramgmt ps�ared by GUSAM sAMW )-am,A Zink,Bquj" Mary PSIVIV,state orN-mv,York ND.oi&A80$ BA zWvL zM&X,W C0' j'P'A. Quaittlsa irr Fiftpoua County 371 t Whipptti peat.)`l.W. 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In dditisrr y I z i?to pra3iid3e ertt7y#Q Tb.e pipvot sate;Vbr Ins e to wilt proper dutti ittat,rar,the pvrptis for • ra ��a[agtlte }�xascp�e i d.byi�i�„ pcoT * *asxssZ}33itl� au lt27 3�T,titIdd AgLaticand c and'Resoatrcc TS Y3ItG1rtCp. t ; C, acby acku-mhlc On and Tcspbasiocl,t-Tor 47 -tai` -ag all a ;-r- d s of ,izd�3,Ltd ls�cai Grrn,E?s b ore eotnr zela-lmlmlt df ern, vefLczs tv�tlCS D, S7�uld ibciiifuaai4i en l pr igc rlut b.ad,.;luat> ztr s ix »+,I r1.•dars'tan th i^a;, D� pat=ttcnr t Heal c�5li ate is isS�s:a ho�t�,1-sens,�t+e Ceti�pyc2,artcss5tit�arta,'�', � - CEIt II CAT Il*i`N: I to 11,e bmt 0,. my lcr&wJCdgc and bell-,such iz;:�rcn4o i is true,:corrmle<c aad a.sure c;I fultict r-w-tUY thZL;passes for a:lthont to ertake iEac propm6d a�tr Sr i S3iai ld.i TJpEp Er.;�iupmentat Re,ourcc Zic rase be gt�intcd;T e;eby it t?at i Vin ,brnpiy with al€�r e-d���pccs�.c cpndiU6.'s cf�2t I icy�c Y na iika w`�Br.dtuard,Mainly Naturall�esc>t t prole Code Clup:cs 27;Or ._NL 9'{}-49l 2s a,tcndcd: _ �.�. . Signatm.rc of Apptic urt I:afc r Lev( I J (* . r `T`ypc&T intedN=cc App+caut 1CarpDiata`ila a if up pil cable) • Ntit�.Y3.7.�:ti6GiS �' 't ' tTAIE U Ct3UN O the fo, oirg in ns tWas ackncwlcagod b�i`ar m—tb s da�icf — ---� . a is,per ot,aliy} tk_tvrac cr.�3� lafi pre 6cz _ Y ff qq I my carn:111s.,40n expucs -F �Ivmc_. • _ .� 1 6,wypubijt,&I11CDfFlarlda 77� 1 A, ft fit'u G I D Sl � F;NL f r:.:< F: ^y-p A : WYJSE f3ra:` Date AppN=-ian ~ra v-d Dzte Apocation Razvlled t iese r raf�"t Lai Fee Received Sr r?.rCr o ed i-j8:..t LCzrlg a " t y. __.. •.. ,. Fee Ra^eipi I ... PART 1 fie any of, the n^tiy Ile desA�tbEd in th s appti:etibn prapvs:�d to occur , �I or o �r t}th s4trf cic--ar5 Yes 11.No fn t1 a T 5{�+ �. 4,.l�t�j k s nr r: -Z; #.F L., T ... n E..i El cl. aa.FJ LFk+Q�iVrJ"..'w! '+ f1+vd L Vi liJ <FVaYi+'ll>2 G 1./l:r lY1kaGYlA Sl FAR ...... ........+f"i=r�vire nrr��t t i1 Ra au1 ce ' i i quested(check at least onp-)- See A tachmert 2,or s and des:cri�ti�nsl t���Caner l-include rifDn�3 7i trquested.rn sewoii B. U. itialrd Generat.(Singlz Forply PO*411ng) tn��s�da a�z�rma�inri requa�t�a 1.n seotaons C d 0,dard Genenfl(01�i�er �taridard'Cenerat probe >in�udII�i wU�n rygt�estad i� andduai (.``4ngje FcaF7 lyi'we3E[rfLg Ft C3Gt�infl3%�Fl 011:regu est d irr u?vtloTfS�; 33 .VidLral{ t[ er to uid gal pr4j ets}._iriceade i7€c rrrzeiiert r Nested is Section G aid Ll C�.ncaptidAl include rnfrarm' stson requested iri S�ctt�rts C and • b filjf3ga66,n Ban per ift t otlstbbtr � srscitxde infor:nabon requested in S;a on C;and i= tfrkie nrvbose3 rn� non nan>cinuoives e etsr�s sc oq.tra st rye , t:nanae m ref. System q��rir�g:anc��lt rpeM. ;t denned above„ �tti, e agptoprW'e box and submit the �rtinrrroailoll request b?thel apfrl t tt;sectic rz. Klitigation Bank(t anpepWaI)-it dg4e informatlon ri gtueste4d!n,Secti n C and F.. E3, Type of aeth ity fbr tfikh You are-plpplying(ch t€9t test:One) Gioristn�ctia:i br opratiri o sys# ; Dtl^a2r,f�+an scsiid =�ls .tarEFt}�,in:Gzudi�g dredging.s r �rFg jri,orb car t?ver rvebands a?�d other iurpce viralers El Construction, expanslari or Mo rrij f S611 d waste fa4 t F+:. twi AffeTation.or operafton Of an ems ng system which as riot prey iously piermPL irk:a;MID or Mp. tj Mod tictAon:of a system previously permitted i 0t?-or D.Fp e prey i�c�s p ririlt numb ears.. r Alteration of a systoxn }�F�terisin�,bf pern�t duration Abandcar�rr�nt Of a syst>rn d Gonstrctican�.f atir3itioc�ai pti�s�of�syst�ri� C?Rerric�ual cf a system C. Am yo r regc� tinq au c�riz tE¢si ib t se ereigc _Stsbrr�er ed Larsds. QYes 0 ee-Secfion G,and Attachments for MoTe informa"dOn befbm ans:,6iint D: For tj� hies ire",nr r+r over'wattwrids or other surEaoe Waters,O"ack t'r �of de at dredo.e and ti rer�uested:" 0 Ind�idua3 0 PrograIMmauc Gerae'ral O G erd a Na5onwidl? NON AppliC ble '_ Are you ctairrt[ g to qualify for an e>oVi-�ptiM. No If yes,pro%dr a rlslp 31t1Mba-r it luaDW A. pf"twmff)0r L`•O S. E—Wiff 1'T O PECr rt PERV f il- TRER,i F,Al 0I WERi l.l:.t• .. gel+ ... _. �� L�:k�1 G.4t? ,k x c a ,;M x ' IV 38 r a} C. �,,rmrr mTYoR77G?} r � ,,PART (S'le egi4vai tarfademd y EmOad P Jz. .v5).:. Same cif prOjj iPclodirsg phase r€epplicabIff- is#hig aovl cntion for part of a mull-phase prcjecti? II Yes ci 7�at a ii� -a tS. re n ig rri s ti h�p c -. D. Total arm served by the S &M. "'._ ._ .a,-, _.:ha. . Impervious are-2 for which a perm!!TS sought _ ac.; ` " ha. - Vc;lum.-- of waW than the SYstem is.capabla-of impounding: ac � "-"' r& a'is the toff area of N*c'K iriT or. or p wetl nds dr.ath. ers? iome Of Mat;- %aM fo be dredged=, 1. blurb �r��vr beat sfips pEapos�ii:������slips; d siips� paga 2 of 5 T-ZESDUMCE P-EF i1 ArPLC` t Prpjpa, boa5m (use add"tbna,'shafts, it rie laed), Section(s) - - Township _ _Range ;tio (fib � To tsflip S� �.: Rama Land Grant name, if appiia3''bla Tax Pom-ef idanf rica on Number 0`+' ! 0 to SEra-t address, macl,ol-ouLL)-.-vr bcafim F F t ZAP 7p i t' ,3p A. �r i^. (_ 4`�REs ch A� B 1'SCX 3 r..�p tr�.ra:,✓ c�>tts o�.c' "'P'1-°° .. c.4 ;.'`:':`-` PART 6: Desc be in gen ,rat t-rms the proposed protest.system,or activity. • Page 3 of 5 FR L s 4. i irte; r, 0w 11�P PIE' aPPir-ati-VI Mtge nps, IrJc�lird- a on al;w meetings,1 i1 ra Ll P t$ FeGsr f s'i tha d:at(s), locafbcq's;,and nMaas of if: sial and prC1: , +,r prase ident4' by numberanY MSSlO Velland resourOEVERPIAGGE Peim its pending, issued or .H Vr ja.ia�i d�a'loaa c;i-,, and aril rela`ed.anfo �Ixten't a`.'bors. gr�t� y bate No.Wype of Appnca i n Aptioh Taken Ntt�_ .The fo"Imwha iTife. a lori is ulred far Droieds bronm;s_d ld Decor h Dn&mteif Vvetlan,ds mat r: ed.a baderal ore-dae acid €€i€jah-nft 6r an authonzation Id Use state owra6d rubmergt lands pli:ase.pruuide nc .rtarr�as ;addresses and zip�at€es pF orrrp�rsv Owrlera wh directly a joins a'p bject(eno9 ding app€'Ff'ica„ and/or(fd,r jppfi�auiitri��trcr� ) a��a�d rvr lair n: 5DD ftt radil�5 of ihhe a witant's hVid, please atta-h a plai Vf=s ho i€i the rr vnar's na[ne ri . IP t�eiinc prpg #ks as_ acdrnr sheetsKr ner �a . 4. page 4 of 5 F 7-j1-9 r:ZRY TZt,:E T Bh Vj L`f5 iZrt 9FeC '+' .nri.: -WL. Kra c,� OATS—, ''+S':O'a,rL F`ArIT `3 • •�'.. "£J'F '�-'=L'3r Airy❑ tjb?'J c2..n r-4 On b. , .�J tM1 : :.J;F Jii.Gl lL� i4�'t: permit ar?d any pit p}7 etary rtlil-aor'Miccns idar€t.ar)t.',,I. auv a, aCCord;r.q to uhe SL ak7'v rill g d$ia o ld l}tliar incidental infa,-M3 Yon filed Min this application. I ap7 f rntiar vvith taha 6r.fo 1atFCrF CiJ(ft3lRed 1n this 2ppl:iCation and reprasent that SSU.I%h info ma 10il iy trU3, t glEt 3Firj aG lsra't . I understand illy, !$ Sri vopplicatiot and not a permit., and that work prior to approval is a violatlon.. I Lmderstand that thi, a;,piicatian and anY permit isaijed or proprietary mithorizati,on issued pursuant.ttterew, does not re ie a Me of ,:y uErligat;can aor otirsiri. arty other rar}ui€'elf fedaraf, state, hateranagr ient districts local parrr,t prier to ornmencemertt of cons ruction. 1 agree, or I agree on behalf of the applieer,t,to operate and maintain the perrr�tted system unless the perm tt -g;a:deracy autii;). Z-es transfer of the perm-i" to a resprsonsibl✓' operation ent y; 1 anderstanEf 1-hrtt kn(3winaly rp.ai'nd .2pv falsee Sr2tm-,ent sir "'2praS£i?,,...:_I in th>s applicatkin it a vftylatian of Se tior 73,4 r ,S.and 18 U.S.C. Section1401. t . l TYPPd[Prinfed game of Applic2n (it no Agwit is ui eed) or Agent (if one is a-a authorized 5irgriatura of Appl cap:t!,Appw�# +� Date flCorporata Title if appficabl'e) AI air-`ENT MAY SIGN ABOVE f3tit£Y IF i 4IIT A?P?ICANT C ON",PLETESS.? E F0LILF-11"4fIMG, I hereby de,igra to err atstlro.riz¢the a ent listed above to a #on m beh&-' .or on be alf of my corporation-;.as the, Agent ire the prt>caasi'ng.of this.application for ttos perrnit ar�d �t ptr�pri--tary a arn ation indicated above; acid to fvtraisht c7n retnie�tr supptem6tltaS iniarrria�iura it .suppo the •, a pticatitira. in addi#ion, t authorize the ab vim-fisted a6e-cit to Band e tor my corporatlari,to perform, any requirement wf'!th may be.necessary to prpcur6 the pertnH Cog aut1 orizata.ar}indicPted oboe. f Understand that iC.Fla 4rlg y{raa�3r g a.nF t$lsq stater-neat 6t rfn� eue ltatiDn ire tN5 applICattoi? iS a Viol8tion or section 37Z.A-39j �.S..and l U.S.C, Sermon 1001. r� �r r z Typed/f'rarttad tdarraa of ApplicantS;gr;att re a�f fappl�ca.e�t rJat (Corporate Title if ;6,pplfca:f la:? pirest h2Le.r�s tanrS t]tB4ittitml s4gh7i to finer aba-4f PERSON.AUTHURIZINO ACC8,S TO THt ' 2t7Pf F#TV NJUS-T COMPLETE THE FGILLOW3NG C. t eitht�r Own the property describer in this applicavlon or l have legal authority to atlow access to the property, and l.cansant; after receiving prior notificato-o, to any site visa on the property by agents or.personnel from ti?e Department of Envirorarrent,at Protection,.the Water Iyiarkagemgnt.Distr t t End tl a U. crny Carps ref' En raecess.asy'for the review anti rksp caQn i' the prpp�ased project sfaecified. in this appiicotaatath rriLe th ese a:gpnts ar personnel to erlaer the.property as roams times as may }7e necessaty.to snake such review and Ins.frectidet" ij6rtha r, f agr"to provide entry to th,q projeot site for such agents ar persisnnel tp racnitor p-errsttted �rork tf.a parmlt to granted f „t•��.. - Tyiaed/Prihted N a.rne Si ri�tt�rir i at fCorpUrate T Je if appl'scasb@e) Page 5 of 5 arcl' Ft. W l:r 'T 5NY V "C1:1E L.1}.r� Zi� 7 r ' — �1P1f► ¢ « l. Y.T. F �' 9�tkS7 ii''llSS�NP'tl<S.a�nAeutrniRd Ffd[L AM 24 17 cj FES(q b M It� _ L1VM F Ft Y R L'J Tx7jii`{Ff � ,{t 0.4 tj K �7pr �Lbn7tY/x i } z Z Mt]P 1 I; a �4 + yy ff N. CSC - t w svwr"rtbFIN '11'Lit ) C ST 'WIT L,tlAI.'NT 1 XidF�.IC7 G7 r 21IT 1� � � � a F ,aA+✓s),1nf'b# T 5T CrN 57 ... � . .7 z HL 5 f� •� 1 • > ` w.r d E"ky6, 3�' ..'=7 � I r SG� ~� fS,£ r1 r'x.s� ♦ j . F �� �_' � � he � :✓cLCw�., :!f '`-�"'..�� '- � � ff it 47 h .a Y._ `.a;. E -VI -V t. i li ro�.er� v T s JS Y� QQ YfL}f^ai a.a�� ti 'T a Ir 12PH, 1f HIR �ap 3 t W w y yj uWa uEli: tI5I� A Ci o ^ 4 •� • � b A + �• N -......6 i F f1 f • Y u� t r� Z( =a �kr G l".p e s_ Q, 1 SMU ra M i c se tv �- �y ay •'Lc ^ '� "'�iss lu, t4i sk Its TEL h a. y r � �•. is '�' 3 •'Q 4 • F � . : i si APPLICATION FOR AN EIv v ROTQ1rJ-Ei1TAL RESODCL ' GENERAL LICENSE Q • Applicafioz: l{ee.: $ 75.00 Please send request-to: G' Environmental Protection Department(EPD) Make Check vavable-to: � :E Biological Resources Division Broward County Board of 0 0 218 5W First Avenue County Commissioners LIJ Fort Lauderdale,Florida 33301 The submittal of the following information with the application will help ensure timely processing and is necessar for staff to effectively evaluate each proposed project: A The correct number of plans you will need stamped plus one copy for EPD to retain; • A copy of a property survey clearly depicting the existing conditions. Please be sure all over water structures are clearly labeled with the dimensions.Photographs of existing conditions,if possible(to be kept by EPD); • A location/street map with the project site identified; ® Proof of ownership or sufficient interest in the project property; Plan view and cross-sectional drawings showing the proposed project to include: - accurate dimension of length and width for all structures over water (seawall cap,docks,boardwalks,boatlifts,floating docks,etc.) -the Mean High Water Level(MHV,�,Mean Low Water and substrate elevation (referenced to NGVD or Mean Sea Level) -the height of the proposed dock above MHW -name and width of water body -presence of any wetland or benthic(seagrasses,oysters,etc.) communities; If maintenance dredging is proposed,please provide: -documentation of original dredged depth -plan view of dredging location,with approximate dimensions - cross-sectional drawings depicting historical,existing and proposed conditions with elevations labeled. - amount of material to be removed(in cubic yards); and, If the proposed project will be constructed on property owned by a homeowners or condominium association, a letter from the association approving the project is required. q 1. Authorized Agent: nllStreet: `✓ - City: �_,nio_ C� State: t= Zip: Telephone: _ � °�����- t Fax: Email: y� ��n EkR� �i V A Ef: 2. Property Owner Name: 0 R a�"'4 W 10171 V, tF Street: Tr.' ✓- City: _�nxa��,EAG� State: FG. Zip: �1 da� Telephone: _ 9,SX -9a.5` Fax: of%- g'a7- 4c E o� 3. Location of proposed work: Folio # (if Imown): Street: -760 14r= 7 4-1, Ave_nv�_e- City: i State: !EL _ Zip: 4. Description of proposed work(check all applicable items) Section 27-336(a)(1). ] (a)The repair or replacement of existing functional docks,provided that no additional waterward fill is used and the new or repaired dock is not enlarged beyond a total of 500 square feet over-water surface area for the new and existing • structure. y/to A f) • APPLICATION FOR Art RAIRONNIENTAL RESYOURCE GENERR�UICENSK [ ] (b)The repair, maintenance, or restoration of existing functional seawalls no more than one foot waterward of their original authorized location. ( ] (c)The relocation within an already approved right-of-way, repair or maintenance of existing utility transmission or distribution lines and associated adjacent facilities required to effect the repair. [ ] (d)New lake or pond excavation of less than 2 aces,but equal to or greater than 1 acre,that are not connected with and do not exchange water with any other surface water body of wetland,except by means of a permitted overflow structure. [ ] (e) The installation of private, noncommercial docks of 500 square feet or less over water surface area, where no dredging or filling is required except to install the pilings. ( ] (f)Projects which are within isolated wetlands or lakes and/or otherwise,in the opinion of EPD,will not significantly degrade the environment(boatlifts,mooring pilings, etc.) [ ] (g)Proposed or existing rock quarry excavations (please see Section 27-336(a)(1)for additional information) [ ] (h)The construction,repair,maintenance or operation of any permitted stormwater controVtreatmmt structurewhen not exempt pursuant to 62-340.700 F.A.C. as amended. ( ] (i)The one time dredging of 20 cubic yards or less of sediment from isolated lakes or ponds and residential canals,with no seagrasses within the project site, where the sediment is removed from the waterway and deposited on a self- contained upland site. • ( ] 0)The installation of natural limerock rip-rap at the waterward face of an existing vertical bulkhead provided that the rip-rap is clean and free of debris,that no seagrasses are covered by the rip-rap, that no dredging or other filling is conducted and that the rip-rap is placed at a slope no steeper that 2H:1V and that no interference to other riparian property rights or navigation occurs. [ ] (k) The repair or replacement of existing functional headwalls, pipes, culverts provided that they are otherwise in compliance with the code and are in artificially created waterways which discharge water for stormwater run off. The pipes must be replaced in the original size and configuration and all elevations must be the same as the pre-replacement condition. All water quality protection features must be utilized and the rerouting of water bodies is not authorized by this General License except by pumps,pipes or cofferdams.Wetland areas may NOT be impacted by the activity. [ ] (1)The installation of utility or transmission lines laid on or embedded in the substrate provided that no dredging or filling is required and that no seagrasses or significant benthic communities will be affected by the activity. [ ] (m)Existing commercial Rock Quarry Excavations (please see Section 27-336(a)(1)for additional information) Section 27-336(a)(2) ( ] The emergency repair,replacement or maintenance of existing utility transmission or distribution lines,provided that the owner of the damaged facility or the owner's agent provides verbal notice to the county of the condition,its location and expected length of time required for the repair,replacement or maintenance activities. Section 27-336(a)(3) [ ] FLORIDA DEPARTMENT OF TRANSPORTATION -minor works within FDOT rights of way See Section 27-336(a)(3)for additional guidelines. • - 2- APPLICATION FOR AN ENVIRONMENTAL RESOURCE GENERAL LICENSE 5. Mangrove alteration and certain types of trimming activities require an Environmental Resource License pursuant to Sec.27-332 of the Broward County Code and Section 403.9321 Florida Statute. The General License does not authorize any mangrove alteration activities. Are there mangroves on-site? Yes [ ] No [�4 ] Will this work require mangrove alteration or trimming? Yes [ ) No [ ] 6. Are there any natural aquatic or submerged resources in the construction area? Yes [ ] No [ ] Natural aquatic resources includes seagrasses, oysters, etc. Per Section 27-58(b)(9), "The licensee, by acceptance of this license, specifically agrees to allow access and shall allow access to the licensed source, activity, or facility at times to EPD personnel for the purposes of inspection and testing to determine compliance with this license and this chapter." Signature of property owner Date e;'/ Sign ure of Agent �� Date • Wetlands Resources Approval Date Rev: 12/13/04 C:\Docnmenm and Settingc\IsunderlandV-10ENSES\General.doc - 3 - .� ha,:uu��n✓o✓��NGcouPaNY(c��7 rscs ®Iec ad•IO•£ sm •�::c rsvor n+�:7es0 r(:.>•-ran �/ r.r(asU>tcr-ma GRAPMC SCALE T u-m e "-_,a..�® �f3'gt�` �RES�n�r e► for m f-.�. I 1 ( ( I 1.L crll atLV[.CGVic.¢cn[w.>�wv I I I I ! JP I ✓' � ✓' j r' 7 Nest b'(o LAtnwt �� •c�ucr 9 I I` (EP.&L R/W-lf 7HM•SNIgWCW UNS) I i i I poor ucs E9 ACREAGE � 4 1 �I i 1 I I IzpN I��•d I - 1 ✓✓ 1 ✓� I I� 1 t yr _ =58 La I ✓` I ✓` I ✓` I e I 1 � Imvae7rrI Ina-BJam zorzIm �I•I �4 -- -- --- e aaom LI 1 ( .....�. ..... s SEE —_ - x ctv7Y t �mf �1 1 � J 11 1/l a iF ••••• r _ = r"� !`ppi I ' i ✓ Le4a/Description A All 4`.. --� -- - k.l j H-_______-__ fbsd A'PY1471AfWA¢y.R'=.d3�➢ ArI I.fA.pW 0-9 nvortd b a m ` ^_ 1<' ! 1 l I ✓' Msf0 dT24 Cxmld Fh-N� Ir L-- F I ______✓I_� dee�rsd 11P-tX .l -f th A' RYrn 2•k`"re.f rns»i r l vb ur/➢tMA dcc,d h 256[��{2!+ d 1 1 ' 1 ✓` plot used m remrd.d 11 r'!o(fioct { 1 1 Y+ F 5 1 1 I �E 1 ✓` 5. A.W-f.Irby vd 6shq h �--- ------- d b a.nrr.r ol,.n 0..md ca�.rx t Is af d�------------ s b 1 1 Z! O <�' o�..r Nr 1 I( ' ' ✓�NOlrS• IC+-11 1 1 1 II _—___________ ___�-__ •.,tee�_....! 1 II C I.nC yy {a I 11'E ml..•r.l,r.....r�r..c ...R cvT-4u7 cme live d� _ Y ,a.•e.r�.•w i ii .°r,� :.mac,."'"r`. ____ _______ ______1Jl _ r.r II`Y'C.Iv!L.aYmt nY✓� i�r 7 N se a7Y P ssz 7o' UPON r.a m.no-fli.f n,. ...(,el.••�+�I.y.•t<r ate•n o,o.I�n�n�n�.m A..+..v.n+ma�a� • b SCNa•[J2n.Tl.Mlar.t1.la.a fa+(d A rsl/a•a.e1a nvft!Ak nM dy N lk.++.b.4 r[G3 McL4UvNLINENWNr�INu COMPAW L 7L7FA= 2e KQ.. nl�myi[4/Srf um.�I—f....m me sJ-W .[J¢.ID A tiC.11?LN xgt.r_.e 1od L.+F/N a� .mac a 1�✓+6 t� SY.1.N fbiL tj Zt -K j 'II A SPHA L 7' F H A m� =A 5 I P 0 v a953",1" E 4- ;1 A S P H A L T ASPHALT II FONND NAIL N/Mt CAP o"s Bamm J.3J.t rn:b o R zzo ;XD C', CIO -E, a2 'o s it zt -D > M 0 M O > D C, m M CUTOFF CAN A L .. �o DANZA o C), 0 C) z > > z 0 SOUTH UNE OF PARM -A• -\ 7' z M y�89-49'17- 70' m South L;—, WY. OVEX NWV � \ ƒ( &J � &\ f§ kee � (� | � L . ƒ . JL 2 � • � / esyJ a T----- * . ! t /\ _ . a F� � . ƒ � m } ` So $2 ' . � » tin \� & � \� \% � � �` • \ � � x r :o k D % J.- ENVIROf�fFi ENTAL FRO T EC T ION DEPAF-n- tENT—Biolo,icai Resources Division rA'a ling Address: 115 South Andrews Avenue;Room A-240-Fort Lauderdale, Florida 33301 '954-519-1230.FAX 95 519-1412 Jat.ti uy6, 2(A1 G ;`lac 1\4cLau.gl:li:r Bro•,vard I`ylarine,Inc. 750 NE 7t"'Avenue Dania.Beach,i L 33004 Re: Brows:I~d Marinef7 0 NE*/€€'Ave-nue E'PD Gene-ral License Nu.GL-D:LNTGSY2-0,29 Dear Ittr. "NIcLar€~hlin: This letter is to irifarm you that your request for a General L,icewi e has been graiited. General i i-ense No.GL- DAN0512-029 authorizes Size installation often(10)pilings and five(5)t'loatin,ramps,adjacent t>1150 NE 7j: Avenue, in the City of Dania Beath. Enclosed please find a description and dra,,Nine of the proposed activities dated January 6.. 2006 by the: Department. A copy of the license must be on-site during tine performance Of authorized ac:tivinles. This license does not constitute a.waiver or approval of any other license, approval,or regulatory requirement by this or a.€ry other agency that maybe required. This license does not convey to die. licensee or create in the licensee any property right,or any interest in re-J property, nor does It authorize any entxat nce upon or activities on property which is not owned or controlled by the licensee. A person whose substantial interests are affected by the Depart-ment's action may petition for an administrative review under Section 27-15 of the Broward County Code of Ordinances. The petition must contain the inforrnation described in.27-15(f)and shall be fled within ten(10)clays of the final agency action. If you have any questmas, please contact me at(954) 519-1228. Sincerely, Vent Edwards, Manager Wetlands/Uplands Resources Section enclosures cc; Glenn Straub,Palm Beach Polo Holdings, Inc. Steve Ganoe,G&-G Marine, Inc. Larry Zink, Esq.,Zink,Zink&;Zink,Co., L.P.A- Glenn Sinith, Esq., Roden McClosky Allan R. Kelley, Esq., Fowler White Burnett,P.A. Steve Tilbrook, Esq., Shutts&Bcltesi,LLP George I.Platt, Esq., Shutts& Boyden,LL.P Michael Owens, Broward County Attorney'§Office • Broward County Board of Courxty:Commissioners .JOSe„'thUS Eggellet'ion,.Jr.-Ben Grabor•Sue Gunzburger•Knsun D.Jacobs-Ilene Lµberman•John E.Rodstrom,Jr.-Jim Scott.Diana trjasseiman-Rubin.Lois Wexlar wmmbroward.org rr'M'�; Mac McLs gh!frl .`"'sart: Tlhursday, January uu, 2006 3:41 Pk; To: Krawczyk, Julie C. rayler@tthfachappellagrouir.cd"M Subject: Broward Marine Repair P8rmit. I-N Juiie, Pursuant to;Dour previous eittail, attached i,the Project description of repairs to trade:at the Broward Marine site. �raiec;I3�scrr��fion All unauthorized structures, both pilings and docks, eitherhave been orwill be rerrtoved from the project area. 7l-lis license only authorizes the installation of pilings and aluminum rampsffloating docks, as shown on the attached drawing, to create 10 beat slips for mooring. From north to south; the strictures shall be as follows: (') 5'x 13.5'aluminum ramp and two 24"steel pilings, one located approximately 55'and one ?35'from the bulkhead. (2) 5'x 20'aluminum narnp and two 24"steel pilings, one located approximately 65'and one 135'from Me bulkhead. (3) 5'x 18'aluminum ramp and b.-vo 24'steel rpifing;, one located approximately 75'and one 150'from the bulkhead. (4) 5'x 15'aluminum ramp and two 24"steel pilings, one located approximately 75'and one 1 a"0'from the bulkhead, (5) 5'x 15'aluminum ramp and two 24"steel pilings, one located approximately 35'and one 75'from the ® bulkhead. i i^;is is all as indicated ore the sealed drawings submitted by McLaughlin Engineering. Should you need anything else, please advise. Mac R. C. "Mac"ac"MCLau-1ilin Chief Financial Officer Broward Marine _IM'F 750 NE 7th Avenue ?' , :"y. ~n _. Dania-Beach,'FL 33004 �m �..�IR P: 954.925.8E 1.8 x 124 F: 954.927.4200 C: 954.232.880ti � (1 us Af r � _ j/5/2006 t � r tsROWARD MARINE January 9, 2006 VIA HAND DELIVERY Mr. Laurence Leeds, AICP Director City of Dania Beach Department of Cominuni.ty Development 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: Broward Marine Docks Dear Mr. Leeds: Pursuant to our phone conversation of last week I have enclosed two original sets of dock plans, stamped by Broward County Environmental Protection Department("DPEP"). I have also enclosed a drawing, for discussion purposes only, which I believe will aid in clearly understanding the limited scope of this project. On or about March 8, 2005 Broward Marine purchased all of the assets of Broward Yachts, Inc. (a non-related company). At the time of the purchase there were five(5) floating "finger pier"docks. These are the docks shown on the surveys. As a result of Hurricane Wilma four (4) of the piers no longer exist, and the fifth has been greatly reduced in size. This fifth dock will be removed in its entirety as part of the emergency repair permit. In order to expedite the emergency repairs pernut process and also to address the extensive concerns of DPEP, Broward Marine has agreed to the installation of only ten (10) 24"inch diameter steel pilings, as indicated on the drawings, and some small ancillary ramps and walkways, as described in attached DPEP letter. There will be NO major dock construction at this time. We will proceed to permit, in due course and at a later date, our final dock configuration. This present application is only for emergency repairs to make our boat basin useable. All of work shown on the attached drawings will be in the Broward Marine boat basin adjacent to the Dania Cut Off Canal. The submerged lands are privately owned and not state owned. Nothing is being done in the Dania Cut Off Canal or on state owned submerged lands. • Built in America. Admired around the world since 1948. 75D NE 7th Avenue, Dania Beach, FL 33004 www,browardmbrine.com Phone:954.925.8118•Fax:954.927.420D Our Contractor, Jinn Vance, of"Vanc(; Construction, will E---e filing a b:,Jldj.m4 perm t application with the City o1 Dania B. shortly. I would request that you c.ia-culate the attached cira«-ing for staff review and input, in order to exptdiielho, permit application review process. Thank,you for your continuing co-operation In this -natter. Sincerely, BRC WAFAD MARINE By: .C. "IViaC"Mcl.atzgllJln Chief FinancialOfficer 1.11mclall�lii.i�.iic I�ro� ard�z a.1-t,.�e,c•z a� 954.925.8118 ext. 124 Encl. FF2DM :Z I H: LRW C�F i CE FAX NO. :330492395S Dc t. 20 200S 10:15RN P2 i ® i BEFaRE TziE HBARt-1tiG EXAMONTER FOR TIC 13tR WARD COUNTY ADD ?siR kT1VE REVIEWNO:05-02 BROWARD YA-CR S, YNC., i Petitioner., v, BRQVdARD COU1r1TY D\VIRONINIENT.AL ,PROTECTTORDEPARTIIIhIT, Respondent, 1 FD,,TAL ORDER This matter came before tho Hearing Exangner on March 30, 2006, at the Governmmt. Center West location on Broward Ya6t's Inc.'s ("Yachts' Petition for Review of an admiristrittiae decision denying a Iicen- se and pewit agl►licution to maintain several docks in an easement waterway abutting property owned by 1'alyd Beach Polo Holdings, Inc. ("PB Holdings"), At the hearing, the Environmental Protection Department was represented by Michael Owens,Esquire, who presented the tf;etimony of Julie Krawezyk,Natural Resource Specialist IT. T$e Petitioner was represenird by Larry Zink, Esquire, who presented the testimony of Tenn Straubb, the President of Palm Beach Moldings, Inc., Also in attendance at the hearing was Steven GanDe,President of G&G Marine,Inc, ("O&ODt 1 In the administrative procoss, G&O, by way of a letter fTom its lawyers,objected to pcnnitting the docks to remain Notice of(lie hdaring was published in the Sun-Sentinel on March 18,2006 and Wrch 26,2006, and on March 14, 2006, oo=DI for the petiti❑ner diligently attached the notice of hearing and sent it to G&G's attorneys, by'e-rnuil. G'anoe presumptively appeared at the hearing because he received notice through one of these Channels. However, G&G apparently srtado a tactical decNi❑n not tc, have Canoo testify or to support its objections with evidence.This essentially left the EPD and its fine counsol with no evidence to support G&G's objections ether than rbe hearsay evidence contained in G&,d's sawyers' FROM :Zihli; LAW C'-FICE FA-- ND. :3334323955 Oct. 25 20DS 10:15AN P3 • i i FiI�DII�G� QE PAC7` i 'Ibe pertinent facts st>.rrounding this procccding are Iergely undisputed.On Mlsy 5, 2002, the Br award County Envirorunontal Protration Depar-anerit C ETUD. issued Warning Notice No: 1f1R7�02-0125, b Yachts, a then tf,-mmt on the property, and pB _Holdings,tie oerner of the property, ur cons :,-Cmg do-VIX-3 and instOlirg piling A 750 I' 7t"' Avenue in fhe- tatty of Dania Beach, without first oID`WLi g an Environ—ILicU„nl Resource License. As corrective action for the alleged violation, the warring notice i required fliat Yachts and PCB Holdings apply for an aft-or-the-fact license to maintain the. docks and pilings. Yachts submitted applications for P.nvh-orrYricnttal Resoorca License No: DFO3- j i 1121 arzd Enviromnontal Permit Applicstion.No: 06-0194386-001 to enable it i;o maintain 1 multiple docks in the easement waterway. 1bo Patitioner offered intc evidence 1 photographs of the easement watery showing ihat the docks have been in substantially the same area since January of 1985. While the P,PD argued that the docks vrcre facing slightly different angles in the photographs and that thorn was perhaps some discrepancy in the application submitted by Petitioner, the bottom line is that these docks in some shape or form have existed in this area.for over twenty one years and live brim uaecl for substantially the same purpose for those years. In the administrative review process, only G&G.'and the Port Everglades Pilots' Association lodged objections to the docks, but the Pilots' Association *11idrew its objection when the Padtiober agreed to remove a proposed P floating dock from its letters.Although hearsay evidonce is admissiblo in an administrative hearing to corroborate or:sprain othtr evidence, it my not ba used to support a finding not otherwise supported by competent subsmirial evidence.$play[v Metropolitan Dade Cp=458 So.2d 792(Fla.3d DCA 1954)i Pasco t�pjy School Bd.v.Florida Pub,EmalyYt Relations Comm L 353 So.2d 108(F)a- i st DCA 1977. 2 FROM :Z I NK LRJ G F I CE FAX NO. : 04523555 Oct. 20 2©O'6 1 B:1 6AM ?4 I application, The criteria to ba -ased in detemdning wllethEr a license should be tTaated arP found in Section 27-337 of the Broward County Code. The only relevant standard to this proceeding found in that Section is Subsection. (a)(I); whethct the docits will adversely affect public saf©ty or wclfsre or the property of others. No ev ldmcs was presented that the docks, which havr been in cylstence at the location since 1995, have � • i ever caused an. ccoident or that they inagede U&Cs's reasonable -use of tile: easement. Moreover, wlile< the EPD does have the right to regulate ihese docks and the navigable i ;eater upon which the docks rest,the ees--mt nt aret�is not generally Eravcled b;r the public and more or less serves as an entrpmoe to only two businesses, G&G and that of tlic i Petitioner. i C CLU51ONS OF LAVir i The Hearing Examiner fFnds that no substantial competent evidence was presonted that would support or warrant the denial of the licema and permit sought by the Petitioner to maintain its existing does. The administrative decision. denying the licensa/permit to maintain the docks is quashed and the matter is remanded to the ETD to take appropriate action in accordance with the terrn.a of this Final Order. Done and Ordered,on.tune 5,2000" MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq. Larry Zinc, Esq. 3 A RF CUN I Y - 6a ENVIRONMENTAL PROTECTION DEPAR i MEN7—Biological Resources Division • f�atiir�g:.ddress: t Nc th University-Drive;S°nN 301,PiarcfaF n flu ida 33324 954-519-1230•FAX 954-513-14 i 2 NOTICE OF INTENT TO ISSUE ENVIRONMENTAL R.ESOURCE PERMIT etc LICENSE In the Matter of an Application for Permit and Water Quality Certification by. APPLICANT: Palm Beach Polo Holdings,Inc. 11199 Polo Club Road Wellington,FL 33414 PROJECT: Broward Yachts Marine Facility Permit No. 06-01943 86-001 License No.DF03-1 I21 Broward County The Broward County Environmental Protection Department (EPD) gives notice of its intent to issue an Environmental.Resource Permit and License under the authority of Part IV of Chapter 373, F.S., Title 62, Florida Administrative Code(F.A.C.),and Chapter 27,Article XI Sec.27-331 through 27-341 of the Broward County Code.A draft copy ofthe permit is attached.Issuance ofthe Environmental Resource Permit constitutes certification of compliance with state water quality standards pursuant to section 401 ofthe Clean`,VaterAct,33 • U.S.C. 1341. Where applicable,issuance ofthe Environmental Resource Permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act. I. DESCRIPTION OF THE PROPOSED ACTIVITY The proposed project is to construct five(5)floating finger piers in an existing privately-owned marina basin. From north to south,the finger piers shall have the following sizes:(1)7.5-foot-wide by 128-foot long L-shaped pier with a 4400t-wide by 12-Foot long aluminum ramp;(2)7.5-foot wide by 128-foot-long pier with a 4-foot- wide by 12-foot long aluminum ramp;(3)7.5-foot wide by 128-foot-long pier with a 4-foot wide by 12-foot- long aluminum ramp;(4) 7-5-foot-wide by 144-foot long pier with a 4--foot wide by 12-foot long aluminum ramp;and(5)7.5-foot-wide by 192-foot-long pier with a4-foot wide by 18-foot longL-shaped aluminum ramp. Finger piers one (1)through four(4)shall be placed at an approximate 45 degree angle, i In a southeasterly direction,from the existing seawall. Finger pier five(5)shall be placed immediately parallel to the existing seawall. The total over-water area of the structures shall be 8,544 square feet. In addition, three (3) cluster pilings shall be installed at the terminal end of forger piers one(])through(4). The project shall not result in a net increase in the number of boat slips(10 dry slips, 15 wet slips). ACTIVITY LOCATION: The activity is located at 750 NE 7'h Avenue(Folio No. 504235170010) and the Dania Cut-off Canal, in the Broward County Board of County Commissioners Josephus Eggelletion.Jr.•Ben Graber•Sue Gunzburger•Krisiln D.Jacobs•Nene Lieberman-John E Rodstrom,www.broward.org Jr.•Jim Scarf•Diana Wasserman-Rubin•Lois Wexler •, • ermittee%zicerlsee:Palm.Beach Pcio Moldings;tne. PUT&No.0-6-4 1943 86-001 License No.DF03-1121 1=age 2 cf 7 City cfDrrna Beach,Class III waters, Section 35 Township 50 South Range 42 East. H.AUTHORITY FOR REVIEW Pursuant to operating agreements executed between the Florida Department of Environmental protection,the Broward County Environmental Protection Department and the South Florida Water Management District a c outlined in a document eata�tled "Delegation agreement Among the Florida Department of Environmental rrotection, the South Florida Water Management District, and Broward County", EPD is responsible for reviewing and taking final agency action on this activity. HI. BACKGROUND AND BASLS FOR ISSUANCE On May 5, 2002, the Department issued Warning Notice No. WRN02-0125 for constructing docks and installing pilings at this site,without a valid license. As corrective action for the violation, the Department requested that the property owner apply for and obtain an Environmental Resource License and Permit for the docks. On April 26,2002,the Department received an application for the structures. During the processing of the application, several letters of objection to the project were received. On May 6,2002, the Department received a Ietter from the Port Everglades Harbor Pilots'Association which objected to the pilings and finger pier along the Dania Cut-off canal,which were subsequently removed from the project. On August 14,2003, G&G Marine, fnc.provided a copy of a Cross-Use Easement for Ingress and Egress, which provided a basis for their objection that the proposed project would hinder safe navigation. A formal letter of objection was ® submitted by G&G Marine,Inc. on?November 7,2003. In letters dated September 29,2003,December 16,2003,July 22,2004,and January 6,2005,the Deent requested additional information which was necessary to evaluate the eff partmects the proposed project could have on regulated waters of the County. Specifically,the Department requested reasonable assurance that the proposed docks will not negatively affect navigation and safety, nor violate the Cross-Use Easement for Ingress and Egress recorded in the Official Records Book 24904,Page 165,of the Public Records ofBroward County. The Department granted several extensions to allow the applicant to provide the requested information On January 3I, 2005, the application was denied, pursuant to Section 27-55(d)(4), for failure to submit the requested information On February 7,2005,the Department received a Petition for Review of Final Administrative Determination in response to the denial. On March, 11,2005, the Department sent a letter to the applicant that the denial had been upheld by the Department Director. On March 30,2006,an Administrative Review Hearing was held to determine if the Department was warranted in denying the license and permit applications. In a Final Order, dated June 5, 2006, the Hearing Examiner stated that no substantial competent evidence was present which supported the denial of the license and permit applications. Therefore,the administrative decision to deny e th license and permit applications was quashed and the matter was remanded to the Department to take appropriate final action. Based on the above, along with the general and specific conditions of the draft permit, the applicant has provided reasonable assurance that the construction and operation of the activity, considering the direct, • Permittee/Licensee:Palm Beach Polo Holdires, Inc. Per1n11t lNo. 06-0194386-100 I License No.DF03-112 L Page 3 of 7 ® secondary, and cumulative impacts, will comply with the provisions of , rules adopted thereunder, including the Conditions for Issuance or Additional Of Chapter 73, F.-S., and the environmental resource ermi for ScF-a-�cc of an P t,pursuant to Part N of Chapter 373,F_S.,Chapters 62-330,and Sections 40E- 4.301 and 40E-4.302,F A C.This project meets the presumptive water quality criteria of the SFWID's Basis of Review. The construction and operation of this facility should therefore not result in violations of water that the construction of the activity, i--1cl quality standards. The applicant has also demonstra uding a consideration ofthe direct,secondary,and cumulative impacts,is natcontraryto the public interest,pursuant to paragraph 373,414{1)(a),F.S. IV.PUBLICATION OF NOTICE The Broward County Environmental Protection Department has determined that the proposed activity,because of its size,potential effect on the environment or the public,controversial nature,or location,is likely to have a heightened public concern or likelihood of request for administrative proceedings Under section 403.915 ofthe Florida Statutes and rule 62-103.150 of the Florida Administrative Code,you(the applicant)are required to publish at your own expense the enclosed Notice of Intent to Issue Permit The notice must be published one time only within 30 days in the legal ad section ofa newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes,in the county where the activity is to take place.Where there is more than one newspaper of general circulation in the county,the newspaper used should be one with significant circulation in the area that may be affected by the Permit ffyou are uncertain that a newspaper meets these requirements,please contact the EPD at the address or telephone number listed below.The applicant must provide proof of publication to: ® Broward County Environmental Protection Department Biological Resources Division 1 North University Drive,Suite 301 Plantation,FL 33204 The proofofpublication shall be provided to the above address within 7 days ofpublication. Failure to publish the notice and provide proof of publication within the allotted time shall be grounds for denial of the permit. V. RIGHTS OF AFFECTED PARTIES Under this intent to issue,the permit,No: 06-0194386-001 and license,No.DDF03-1121,is hereby granted subject to the applicant's compliance with any requirement in this intent to publish notice of this intent i,-r a newspaper ofgeneral circulation and to provide proof Of such publication in accordance with section 50.051 of the Florida Statutes. This action is final and effective on the date filed unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is tirmely filed, this intent to issue automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of timely and sufficient petition, this action will not be final and effective until further order ofBroward County. When proof of publication is provided,if required by this intent;and if sufficient petition is not timely filed, the permit;No. 06-01943 86-00 1, and license,No. DF03-I 121, wits be Peftrnittee icensee:Palm Beach Polo Holdings,Inc. Pemit No.06-0194396-001 License No. DF03-112I Page 4 of 7 • ex-aciited_ Beem se an ad"er inistrativc AiZaring may result in the reversal or substantial rmndifcea-an of i is action, the applicant is advised not to commence construction or other activities until the deadlines noted below for ding a petition for an administrative hearing: or request for an extension of time have expired and until the permit,No: 06-01038"01, has been executed and delivered. A person whose substantial interests are affected by Broward County Environmental Protection Department (EPD)action regarding permit No: 06-0194386-001 may petition for an administrative proceeding(hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed(received by the cleric) in the Enforcement Administration at 1 N.University Drive, Suite 307, Plantation,FL 33324. Mediation may also be pursued as sp cified below. %Jnder rule 62-110.106(4)of the Florida Administrative Code,a person whose substantial interests are affected by EPD action may also request an extension of time to file a petition for an administrative hearing. EPD may, for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Enforcement Administration at i N. University Drive, Suite 307, Plantation, FL 33324, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a request is filed late, EPD may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. ® fn accordance with rules 28-106.111(2)and 62-110.106(3)(a)(4),petitions for an administrative hearing by the applicant must be fled within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3)of the Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs fast. Under section 120.60(3)of the Florida Statutes,however,any person who has asked the Department for notice of agency action may file a petition within 21 days ofreceipt ofsuch notice,regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of . filing. The failure of any person to file a petition for an administrative hearing or pursue mediation as provided below within the appropriate time period shall constitute a waiver of those rights. A petition that disputes the material facts on which Et D's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address,and telephone number of the petitioner;the name,address,and telephone number of the petitioner's representative, if any,which shall be the address for service purposes during the course ofthe proceeding,and an explanation of how the petitioner's substantial interests are or will • Pe=—ttee/Licensee:Palm Beach Polo Holdings,Inc. PF,L-Lj"k No.^v6-0194388E--vu 1 License No. DF03-112I Page 5 of 7 be affected'by-the agency d=terTinadon; (c) A statement of when and how the petitioner received notice ofthe agency decision; (d) A statement of all disputed issues of material fart: If there- are none, {th: petition rnust so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or :modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to take with res=ct to the agency's proposed action. A petition that does not dispute the material facts on which EPD's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301. Under sections 120.569(2)(c) and(d) of the Florida Statutes, a petition for administrative hearing roust be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. A person whose substantial interests are affected by the Department's action regarding License No.DF03-1121 may petition for an administrative review under Section 27-14 ofthe Broward County Code of Ordinances. The petition must contain the information described in 27-14(f) and shall be filed within ten (10) days of the decision made by the director. In addition to petitioning for an administrative hearing,any person who has previously filed a petition for an administrative hearing may pursue mediation_ If a written mediation agreement with all parties to the proceeding(i.e.,the applicant,EPD,and any person who has filed a timely and sufficient petition for a hearing) is filed with EPD within 10 days after the deadline for filing a petition for an administrative hearing,the time limitations imposed by.sections 120.569 and 120.57 shall be tolled to allow mediation to proceed_ The agreement must contain all the information required by rule 28-106.404. The agreement must be received by the Enforcement Administration at IN.University Drive,Suite 307,Plantation,FL 33324. Pursuing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. Unless otherwise agreed by the parties,the mediation must be concluded within sixty days ofthe execution of the agreement. If mediation results in settlement of the administrative dispute,EPD must enter a final order incorporating the agreement of the parties. As noted above,persons seeking to protect their substantial interests that would be affected by such a final decision modified through mediation must fide their petitions within 21 days of receipt or publication of this notice as provided above, or they shall be deemed to have waived their right to a proceeding under sections 120.569 and 120.57. If mediation terminates without settlement of the dispute,EPD shall notify all parties in writing that the administrative hearing processes under sections 120.569 • PerniueeUcensee: Palm Beach Polo Holdings,Inc. Permit No.06-0194396-001 License No.DF03-1I21 Page 6 of 7 and 120.57 remain available for disposition of the dispute, and the notice will specify the deadlines-that then will apply for challenging the agency action and electing remedies under those two statutes. This intent to issue a permit,No:06-0194386-001, and license,No.DF03-1121 constitutes an order of EPD. Subject to the provisions€sfpa-•agraph 120.68(7)(a)of the Florida Statutes,which may require a remand for an administrative hearing,the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Enforcement Administration at 1 N.University Drive,Suite 307,Plantation,FL 33324;and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal The notice of appeal roust be.filed wit?in 30�_y s from die..ate when LLe order is tiled.The applicant,or any party within the meaning of section 373.114(1)(a)or 373.4275 of the Florida Statutes, may also seek:appellate review of the order before the Land and Water Adjudicatory Commission under section 3 73.114(1)or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on EPD within 20 days from the date when the order is filed. Executed in Broward County,Florida Broward County Environmental Protection Department 20e)G Eric Myers Date Director Biological Resources Division Broward County EPD Copies furnished to: Larry A.Zink,Esq.,Zink,Zink&Zink,Co_, L.P.A. Stephen K.Tilbrook,Esq., Shutts& Bowen.,L.L.P Mac McLaughlin,Broward Marine,Inc. Allen R.Kelley,Esq.,Fowler White Burnett,P.A. Michael Garcia,Esq.,Fowler White Burnett, P.A. GIean N. Smith,Esq.,Ruden McCloskey, Smith, Schuster&Russell,P.A. Steven Ganoe,G&G Marine,Inc. Captain dances J.Ryan, Port E-vergIades Pilots' Association Michael Owens,Assistant County Attorney Tom Ansbro, City Attorney,City of Dania Beach Meredith Brannon,EPD Shelly Carter,U. S.Army Corps of Engineers,Miami Florida Department of Environmental Protection, West Palm Beach Pernittee/L.iceasee: Palm Beach Polo Ho1d?ngs, Inc_ Penmitid6.006-01.94396-001 License No.DF03-1121 Page 7 of 7 CERTI�TCATE OF SERVICE The undersigned hereby certifies tat this permit, including all copies, were mailed to the above fisted persons before the close of business on (6106-gX 1'?W ,2006. 1*iHmg and Acknowledgment FILEM,or,tits dete, receipt of which is hereby acknowledged. Date/ v ' Prepared by Julie Krawczyk,Natural Resource Specialist H c\.JFI RD N i G ENViROPlFe9EPi-iAL PROTECTION DEPARTMENT—Biological Resources Division fia i rg_Address: i NorFh University Drive;Suite 301,Plantation, Florida 33324 0h%A41,-ZF 954-..519-1230-FAX 934-519-1412 ENVIROMMENTAL RESOURCE PERMIT,and BROWARD COUNTY ENVIRONMENTAL RESOURCE LICENSE PERhUTTEE/LICENSEE: Palrn Beach Polo Holdings, Inc. 11199 Polo Club Road Wellington, FL 33414 ERP Pe►►rnift Number:06-0194386-00 1 ERL License Number: DF03-1121 Date of Issue:October XX,2006 Expiration Date of Construction Phase:October XX,2006 County: Broward Project: Broward Yachts Marine Facility This combined permi tlicense is issued under the authority of Part -V of Chapter 373, F.S., and Title 62, Florida Administrative Code (t.A.C.). The activity is not exempt from the requirement to obtain an Environmental Resource Permit. Pursuant to operating agreements executed among the'Department of Environmental Protection,the Broward County Environmental Protection Department(EPD)and the South Florida Water Management District, as outlined in a document entitled"Delegation Agreement Among the ® Florida Depa-Ttmer_t ofEnvironmen al Protection,the South Florida Water Management District,and Broward County", EPD is responsible for reviewing and taking final agency action on this activity. Ibis permit/license also constitutes certification compliance with water quality standards under Section 4.01 of the Clean Water Act,33 U.S.C. 1344. A copy of this authorization also has been sent to the U.S. Army Corps of Engineers(USACOE)for review. The USACOE may require a separate permit. Failure to obtain this authorization prior to construction could subject you to enfareemeat action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. This permit/license constitutes a determination, pursuant to Section 380.0651(3)(e),F.S.,that the facility is located so that it will not contribute to boat traffic in a manner that will adversely impact the manatee. This permit/license also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act. The above named permittee/licensee is hereby authorized to construct the work shown an the application and approved drawing(s),plans,and other documents attached hereto or on file with Broward County and made a part hereof. This also constitutes a permit/license to operate the system described above, provided the system has been determined to be in conformance with all applicable rules adopted under part IV of Chapter 373, F.S., Broward County Board of County Commissioners Josephus Eggelletion.Jr.•Ben Graber•Sue Gumburger•Kristin D.Jacobs-Ilene Ueberman-John E.Rodstrom.Jr.•Jim Scott-Diana Wasserman-Rubin•Lois Wezier • www.broward.org Permittee/L•censee: Palm Beach Polo €Ioldivas, Inc. • Perm;'-No.05-01947-85-401 Licep-ce No.DF03- t2i Page 2 of 11 including the general and specific conditions of this permit!license/certification/authorization,as specifically described below. This includes a requirement for the pennittee/licensee to request transfer of this pen-aitllicensee to the operation and maintenance phase as more specifically described in DFP General Condition 7,below. This permitraicease is subject to the limits, conditions,and locations of wont shown in the attached 3 exhibits, and is also subject to t;e attached 19 a3EP General Conditions, 11 Br€award County EPD General Conditions and 20 combined.State Environmental Resource Permit and Broward County EPD Specific Conditions which are a binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities,and to ensure the work is conducted in conformance with all the terms,conditions,and drawings. If you are utilizing a contractor,the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit/license and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit/license,as specifically described below. ACTIVr-y- LOCATION: The activity is located at 750 NE 7`-Avenue(Folio No.504235170010)and the Dania Cut-off Canal, in the City of Dania Beach,Class III Waters, Section 35 Township 50 South Range 42 East. PROJECT SITE DESCRIPTION: The site is presently developed as aMarina/BoatRepair Facility. The project site contains no environmentally sensitive wetlands,and no seagrasses or other submerged vegetation or mangroves were observed in the project area during the site inspection. PROPOSED PROJECT DESIGN: The proposed project is to construct five(5)floating forger piers in an existing privately-owned marina basin. From north to south, the finger piers shall have the following sizes: (1) 7.5-foot-wide by 128-foot-long L- shaped pier with a 4-foot-wide by 12-foot-long aluminum ramp;(2)7.5-foot wide by 128-foot long pier with a 4-foot-wide by 12-foot long aluminum ramp;(3)7.5-foot wide by 128 foot long pier with a 4-foot-wide by 12- foot-long aluminum ramp; (4) 7.5-foot-wide by 144-footlong pier with a 4-foot-wide by 12-foot-Iong aluminum ramp; and(5) 7.5-foot-wide by 192-foot-long pier with a 4-foot-wide by 18-foot-Iong L-shaped aluminum ramp. Finger piers one(1)through four(4)shall be placed at an approximate 45 degree angle,in a southeasterly direction,from the existing seawall. Finger pier five(5)shall be placed immediately parallel to the existing seawall. The total over-water area of the structures shall be 8,544 square feet. la addition,three (3)cluster pilings shall be installed at the terminal end of finger piers one(1)through(4). The project shall not result in a net increase in the number of boat slips(10 dry slips, 15 wet slips). No adverse impacts to water quality or quantity,wetlands or aquatic resources are proposed by this project or • Permittee/Licensee: Palm Beach Polo Holdings,Inc. Perinit No.06-0194386-001 ® Liemse No.DF03-1121 P¢ge 3 of 11 authorized herein. DEP GENIE A T•CONDi'I<' ONS: (1) All activities authorized by this permit shall be implemented as set forth in the plans,specifications and performance criteria as approved by this permit.Any deviation from the permitted activity aid the conditions for undertaking that activity shall constitute a violation ofthis permit and Part ICI,Chapter 373,F.S. (2) This permit or a copy thereof complete with all conditions,attachments,exhibits,and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. (3) Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards.The permittee shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shalt be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations.where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land DevelopmentManual;A Guide to Sound Land and Water Management(Department of Environmental Regulation, I988), unless a project-specific erasion and sediment control plan is approved as part of the permit Thereafter the permittee shall be responsible for the removal of the barriers.The permittee shall correct auy erosion or shoaling that causes adverse impacts to the water resources. (4) The permittee shall notify the Department of the anticipated construction start date within 30 days of the date that this permit is issued. At Ieast 48 hours prior to commencement of activity authorized by this permit; the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice(Form No. 62-343.900(3),F.A.C.) indicating the actual start date and the expected completion date. (5) When the duration of construction will exceed one year,the permittee shall submit construction status reports to the Department on an annual basis utilizing an"Annual Status Report Form"(Form No.62- 343.900(4), F.A.C.). Status Report Forms shall be submitted the fallowing June of each year. (6) Within 30 days after completion of construction of the permitted activity,the permittee shall submit a written statement of completion and certification by a registered professional engineer or other PermitteeUcensee:Palm Beach I?a@o Haidings, Inc. • Permit No.06-0194396-0014 i,iceuse.Pdm. Page 4 of 31 appropriate individual as authorized by law,utilizing the supplied"Environmental Resource E edit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications- This submittal shall serve to notify the Department that the system is ready for inspection. Additionally,if deviation from the approved drawings 47e discovered during the certification process, time certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as"as-built"or"record"drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. (7) The operation phase of this permit shall not become effective:until the permittee has complied with the requirements of condition(6) above, has submitted a "Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7), F.A.C.); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District- August 1995, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department,the pernittee shall initiate transfer oNhe permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d),F.A.C.,the permittee shall be liable for compliance with the terms of the permit (8) Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system_ Each phase or independent portion ofthe system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. (9) For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit,such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District-August 1995, prior to lot or unit sales or prior to the completion of the system,whichever occurs first Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities,final operation and Permittee/Licensee:Palm Beach Polo Holdings, Inc. e Permit No.06-0194386-001 • License NoF DF03-1121 Page 5 of-!I mahatenance documents must be received by the Department when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carving out maintenance and operation of the permitted system and any other permit conditions. (10) Should any other regulatory agency require changes to the permitted system,the pernittee shall notify the Department in wri ing of the changes prior to ia-rplernienta ion so ghat a determination can be made whether a permit modification is required. (11) This permit does not eliminate the necessity to obtain any required federal, state,local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right,or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee,or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E40, F.A.C. (12) The permittee is hereby advised that Section 253.77,F.S.states that a person may not commence any excavation,construction,or other activity involving the use ofsovereign or other lands ofthe state,the title to which is vested in the Board of"Trustees of the Internal Improvement Trust Fund without obtaining the required lease, pennit/license, easement, or other form of consent authorizing the proposed use. The,efore,the permittee is responsible for obtaining any necessary authorizations From • the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (13) The permittee is advised that the rules of the Soutb Florida Water Management District require the permittee to a water use permit from the South Florida Rater Management District prior to construction dewatering,.unless the work qualifies for a general permit pursuant to subsection 40E- 20.302(4),F.A.C., also known as the "No Notice"rule. (14). The permittee shall hold and save the Department harmless from any and all damages, claims, or liabilities which may arise by reason of the construction,alteration,operation,maintenance,removal, abandonment or use of any system authorized by the permit. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application,including plans or other supporting documentation,shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2),F.S.,provides otherwise. (16) The permittee shall notify the Department in writing within 30 days of any sale,conveyance,or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of a permit are subject to the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale,conveyance or other transfer Permittee/Licensee: Palm Beach Palo Holdings, Inc. 0�� Permit No.D&O1943a6-QII1 -Page 5%rt l l of the system. (17) Upon reasonable notice to the perrnittee,Department authorized staff with proper identification shall have permission to enter, inspect,sample and test the system to insure conformity with the plans and specifications approved by the permit (i 8) if historical or archaeological artifact are discovered at any time on the project site,the perraittee shall immediately not jr the appropr late Depat"dent office. (19) The permittee shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. 13ROW-ARD COS EPD GENERAL CONDITIONS: (1) The terms,conditions,requirements, limitations and restrictions set forth herein are accepted by the licensee and must be completed by the licensee and are enforceable by the Environmental Protection Department(EPD)pursuant to Chapter 27 of the Broward County Code of Ordinances.The EPD will review this permit/license periodically and may revoke or suspend the license, and initiate administrative and/or judicial action for any violation of the conditions by the Iicensee, its agents, employees,servants or representatives. (2) This license is valid only for the specific uses set forth in the license application and any deviation from the approved uses may constitute grounds for revocation,suspension,and/or enforcement action by the EPD. (3) In the event the licensee is temporarily unable to comply with any of the conditions of the license or with this chapter,the licensee shall notify the EPD within eight(8)hours or as stated in the specific section of this chapter_Within three(3)working days of the event,the licensee shall submit a written report to EPD that describes the incident, its cause,the measures being taken to correct the problem and prevent its reoccurrence, the owner's intention regarding the repair, replacement and reconstruction of destroyed facilities and a schedule of events leading toward operation with the license condition. (4) The issuance of this license does not convey any vested rights or exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights,or any violations of federal, state or local laws or regulations. (5) The Iicensee,by acceptance of this license,specifically agrees to allow access and shall allow access to the licensed source,activity or facility at times by EPD personnel for the purposes of inspection and testing to determine compliance with this Iicense and Chapter 27 of the Broward County Code of Ordinances. Permittee/Licensee:Palm Beach Polo Holdings, luc. 44 Permit No. 06-0194386-001 License No.DF03-IIZI- Page 7 of 11 (6) This license does Fiat constitute a waiver or approval of any other license, approval, or regulatory requirement by this or any other governmental agency that may be required. (7) Enforcement of the terms and provisions o€this license shall be at the reasonable discretion of EPD, and any forbearance on behalf of EPD to exercise its rights hereunder in the event of any breach by the I icensee, shall not be deemed or construed to be a waiver of EPD's rights hereunder. (8) This license must be available for inspection on licensee's premises duringthe entire life ofthe license. (9) Any new owner or operator of a pennitted/licensed facility shall apply by letter for a transfer of license within thirty(3 0)days after sale or legal transfer.The transferor shall remain liable for performance in accordance with the license until the transferee applies for and is granted a transfer of license. The transferee shall be liable for any violation of Chapter 27 that results from the transferee's activities. The transferee shalt comply with the transferor's original license conditions when the transferee has failed to obtain its own license. (10) By accepting this license,the licensee understands and agrees that all records,notes,monitoring data and other information relating to the construction or operation of this licensed facility or activity,that are submitted to the EPD,may be used by the EPD as evidence in any enforcement proceeding arising under Chapter?7 ofthe Broward County Code of Ordinances,except where such use is prohibited by Section 403.1 11,Florida Statutes. (1 I) The licensee agrees to comply with Chapter 27 of the Broward County Code of Ordinances,and shall comply with all provisions of the most current version of this chapter,as amended. ERP and ERL SPECIFIC CONDITIONS; Exceptwhere otherwise noted,conditions apply to both the State Environmental Resource Permit and the EavlronmeaW Resource License. (1) The permittee/licensee shall allow authorized personnel of the EPD, municipality or local water control district to conduct such inspections at reasonable hours, as are necessary to determine compliance with the requirements of the permit/license and the approved plans and specifications. (2) The pernuttee/licensee shall prosecute the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality. The peninittee/iicensee shall institute necessary measures during the construction period, including fill compaction of any fill material placed around newly installed structures,to reduce erosion,turbidity, nutrient loading and sedimentation in the receiving waters. Any erosion, shoaling or deleterious discharges due to permitted/licensed actions will be corrected promptly at no expense to the County. P°ermittee/l,icensee:Palm Beach Polo Holdings, Inc. Permit No.66--01943"01 Apr License No.-DF03-1121 gage of 11 (3) The pennittee/licensee shall comply with all applicable local land use and subdivision regulations and other local requirements.in addition,the permittee/licensee shall obtain all necessary Federal,State, local and special district authorizations prior to the start of arty construction alteration of works authorized by this permittlicense. (4) The pennittee/licensee shall hold and save the County harmless from any and all damages,clams,or liabilities:which may ai';se by reason of the consu action,operation,mainienance or use of any facility authorized by the permitllicense. (5) The permit/license does not convey property rights nor any rights or privileges other than those specified therein. (6) No construction authorized by the permit/license shall commence until a responsible entity acceptable to the EPD has been established and has agreed to operate and maintain the efficiency of the system. The entity must be provided with sufficient ownership so.that it has control over all water management facilities authorized therein.Upon receipt of written evidence of the satisfaction of this condition,the. EPD will issue authorization to commence the construction. (7) If drawings or attachments conflict with the specific conditions of this permit/license, the specific conditions will prevail. (9) All storage or stockpiling of tools or materials(i.e. lumber,pilings,concrete,etc.)shall be limited to uplands or within the impact areas authorized by this permit/license. (9) Post-construction,signed and sealed,as-built drawings shalt be submitted to the Department within 30 days of project completion to ensure that all structures were constructed as authorized, over and adjacent to surface waters. (Iv3) No dredging is authorized by this permit/license. (11) No natural resource or water quality impacts are authorized by this permit/license. Any impacts to regulated wetland or aquatic resources, or mangrove areas must receive prior approval in writing by the Broward County Environmental Protection Department Biological Resources Division. (12) All watercraft associated with the construction and use of the permitted/licensed structures shall only operate within waters of sufficient depth so as to preclude bottom scouring or prop dredging. (13) Turbidity Controls: Perm itteelLice€tsee:Palm Beach Polo Holdings, Inc. Permit No.06-0194396-001 • License No.EIFC-?- L!I Page 9 of 11 (a) All water bodies which are adjacent to the specific limits of construction authorized by this per—wit/license shall be protected from erosion, sedimentation, siltation, scouring, excess turbidity or dewater--ng. (b) Prior to construction and during all operations that may degrade water quality in waters of the state,the permittee.licensee shall ensure that turbidity controls are practiced as necessary to prevent violations of the water quality standards outlined in Chapter 62-302, F.A.C. Any turbidity control devices used. shall remain in place until turbidity, as measured in Nephelometric Turbidity Units(NTUs),within controlled areas returns to within 29 NTUs above natural background levels. (c) Prior to the.initiation of any work authorized by this permit/license,floating turbidity curtains shall be installed at the marina facility. The screens shall be Maintained and shall remain in place for the duration of the project construction to ensure that turbidity levels outside the construction area do not exceed 29 NTU's above background levels 50 feet downstream of point of discharge. The perrnittee/licensee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order so that there are no violations of state water quality standards outside of the turbidity screens. (d) The peimittee/licensee shall ensure that turbidity curtains surround all project areas,including all project associated barges,all active work sites,and any previously worked sites that could ® continue to emit turbid discharge.The turbidity curtains shall be located within a 50-ft radius of the work site. (e) If an observable turbidity plume is visible leaving the site,the permittee/licensee shall: 1. Immediately cease all work contributing to the water quality violation. Operations may not resume until the Department gives authorization to do so. 2. Notify the EPD Biological Resources Division (954) 519-1230 within 24 hours of the time the first violation is detected. 3. Stabilize all exposed material contributing to the water quality violation. Modify the work procedures that were responsible for the violation, and install more turbidity containment devices and/or repair any non-functio ffig turbidity containment devices. If required by EPD, a turbidity monitoring program shall be initiated. (14) Liveaboards are prohibited at this facility (15) Fish cleaning stations are prohibited at this facility. I I Perrmittee/Llcensee: Palm Reach Polo Efoldings,lrnc. ` - Perjmit No. 144386-0€11 _- __' ;; �:: .-_ •� • Ucense tso.DF03 1121 Page 10 of I I (16) The set of project drawings, exhibits I through 3, the 2-page Manatee Exhibit and DEP foriEs b2.343.900(3-5)aye attached to and become part of this permit. (17) The permittee/licensee shall comply with the standard manatee protection construction conditions listed in the attachment,"A Standard Manatee Construction Conditions,revised 2005,for all in-water work. (18) Mooring of vessels with lengths exceeding the length of the permitted structures is prohibited. (19) The permittee/licensee shall record a copy of the combined permit/license with the property records. This shall ensure that,ifthe property is sold,the new owner will be aware of the previous violation and current restrictions. The licensee shall forward the Department a copy of the recorded documents within 30 days of permit/license issuance. (20) A person whose substantial interests are affected by the Department's action may petition for an administrative review under Section 27-14 of the Broward County Code of Ordinances. The petitions must contain the information described in 27-14(f) and shall be filed within ten (10) days of the decision made by the director. Executed in Broward County,Florida. Broward County Environmental Protection Department Eric Myers,Director Biological Resources Copies furnished to: Larry A.Zink,Esq.,Zink,Zink&Zink,Co.,L.P.A Stephen K Tiibrook,Esq.,Shutts&Bowen,L.L.P Mac McLaughlin,Broward Marine,Inc. Allen P_Kelley,Esq.,Fowler White Burnett,P.A Michael Garcia,Esq.,Fowler White Burnett,P.A. Glenn N.Smith,Esq.,Ruden McCloskey,Smith,Schuster&RusseIl,P.A. Steven Ganoe,G&G Marine,Inc. Captain James J.Ryan,Port Everglades Pilots'Association Michael Owens,Assistant County Attorney Tom Ansbro,City Attorney, City of Dania Beach Meredith Brannon,EPD Shelly Carter,U.S.Army Corps of Engineers,Miami Florida Department of Environmental Protection, West Palm Beach Per€nittee/Licensee: palm Beach Polo Holdings, Inc. Permit No.06-0194386-001 • License No.DF03-112i Page 11 of 11 Attachments: Drawings(3 pages) Manatee Exhibit(2 pages) Standard Manatee Conditions(I page) 62-343.900 forms(5 pages) CERT11FICA1EE OF SERVICE The undersigned hereby certifies that this permit,including all copies were mailed to the above listed persons before the close of business on .2006_ F 11ing and Acknowledgment • FILED,on this date, receipt of whieh is hereby acknowledged. Date Prepared by:Julie Krawczyk,Natural Resource Specialist II • Si]Il t;l hlags-Home- Helo o•_.LOCAL pS.''S New User? i.gn Up � a!`100: Maus - Dania Beach. FL 3 3 0 04-2 50 2 d IJKAFT ADVERTISEMENT tp_(`iau F750 1111e 7th Ave Dania Beach. FL 33004-2502 FEEL - F R" E E 7. { ?_ _ _-�''J:JSEIiJ312lPr JIII'JJf •. LaoderJalrrhulJrsvaiid•.-_�'•• - —: l Apronlicce43 Rd•` '"T-YIO(Rd ,i H :.. `Vy r f s PeriRte4ar fad Uiifnn _.. Ne iDth st i x Taylor.7. WITHOUT T Og �T LOSING ATHING st: ; Old Griffin Rd � � .- - w hiffil3rd fei__; — EWE aid;st ' :m -__ - •i �-,�Dznia Eeach, NE-Ind?t PEE 2nd Si .. _-. .. :2• cif 2nd 5t 200 lil jst st +i:_ Jai a 'hen using any driving diract;ons.-r map: ;t s a good idea to do a reality checN: and make sure the r•,)ad still 6sts. :•rat_h out f�nr constru•_ticn. and f• iL--,::all traffic safety precatltion5_This is only to be used as 3n aid in k anning. Need Local information on the go? 066 i r:• Simply text a business name and location to 92466(Yahoo) �1 Try -GJfFEe 33004 =r-=.i3rl:uck—z Sate Fr3n=is. !^'. Copyright®2005 Yahoo!Inc.All rights reserved. F Jba _..._ ottp:Hmaps.yahoo.com/pmaps?name=&cd=.L3q. up_OTgS§8hp'SO1JwR1Ay_51E£2.in9pZQUgkLXJ7... 10/3/2006 c INDICATES MARKERS SfrEE% Z aF Z SCALE: I /00 ! FOWEe�L/C,v! CO. JRfrvs /SSIQN!;�� T � z , fz G ; P A a k�tiZ, SF d 4�J h 0 �� •`��'' �� a �, N89'LZ'rT•E o sB9S2:3rE `� a,f�' 40.t7 ��.• J� gyp.. 5 (£oc-C OF CV/7 fCf2 p{ Dp �d W 51 � h __._._,_�,_ 333• II ' D PtgRr Q � h 2 In • 3 0 0 K C Ic 1, co Fp/N ro OF BRO;•gv ryf DFF/Cl,{C c 11HA. , j,"oll D4 eapk '�,QMjr,IS oR u'erF.acF h /i/.L6• ���nrir�C't i'EnSer r�F+rcuuE V CANRC,DRfT/�CJAGCt'FZarrrtCcr�9sfn�EM" ._� -...... .�. ._..�. .: -• �.. - .. - ,� --* IJoI 1'alirflliiioars gaaled W!!!r an embossed Surveyors Sear' FIELD BOOK No. _ DRAWN BY ® JOB ORDER Nc. P G--5-6G _ --' CIIECKED BY_ r;(_ Fo R � if > -T 9 x 2 Ln I,. G) m .1 C:-n 1. 1 1 I> 0 I I if 1. 1 n 1 0 Ilk fog 11 0 "S 0 0 � ��.1 � I �, fl,l , �! � � � 11 1 l .. ti 11 I 1 7 --4 0 a r I r .7 p 1 '11 131 EYE I S t x oar FRANK L EENNARDO.P.E,INr. ul t3ROWARD YACHTS, INC.—.mum— a! F"BEACH PmQ IMPWGS,m CONSULTING ENGIN ik 750 PM 7VI AYE 44AI NORTH D;XlE HIGHWAY akmLA MACH,S- BOLA R.N-rON.FL 33431 FLaP,17NO WOOD DOCK EXPAXWM (561)3VI-2558 FA.)L t5811321.2862 750 ME M WEINUE www.Fu3ENGINECRiNca.com DM"SE-04,FL CSTWE'kTE OF AUrHC)M7ATZw-z2W ST��NCA�g f�ASlIf-%E` %C2It 11.TiO� W%- � 1TIO�S � t� 2005 1. The permittee shall comply with the folloVvin_ -manatee protection construction condition: a. Ali personnel associated with the project shall be instructed about the prince of manatees and the need to avoid collisions with and injury to manatees. The perrnittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at"No Waft�lidie Spaeu tst e'stl tta a tis%zrtiEac in 'Lille ..ut a3u ucfivn ae'E;c any 6='hPec In -,a,er where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels gill follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be prop" secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not block manatee entry to or exit from habitat. d. All construction personnel are responsible for observing water-related activities for the presence of manatee(s)_ All equipment, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. AnimalS must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FV/C Hotline at 1-888404-F`EtICC. Collision and/or injury should also be reported to the U.S.Fish and Wildlife Service in Jacksonville(1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909)for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildfifa Conservation Commission (FWC)must be used. One sign measuring at least 3 ft. by 4 ft.which reads Caution:Manatee Area must be posted. A second sign measuring at least 81/2" by 1 i"explaining the requirements for Idle Speed and the shut down of equipment must be posted in a location prominently visible to grater-related construction crews. 2y { Q) oC4 0 0 _W D E IR � CLn EU 0 Z uE u LU LLJ C- � "� 001-1 °� E ,L c ® (� v CL o0 LLJ > cr �- LU n 1 00 u co 00 ®r E cO U r Go >1 -97- U ire. a � o 'D .D o CT 0 V) -�-- Form#62-343.9gQ3 .F.A.C. Foy Tine: Ccnstrac ion? 1 ' Commencement i�atirz Date: october 3, 9-09� ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice PROTECT: PHASE: I hereby notify the Department of.Ei- viro=i--rjtal Protection that the construction of the surface water management system authorized by Environmental Resource Permit No. has commenced / is expected to commence on 200_, and will require a duration of approximately months weeks days to complete. It is understood that should the construction . term extend beyond one year, I am obligated to submit the Annual Status Report for Surface dater Management System Const action. PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be so notified in drriting in order to satisfy permit conditions. Pennittee or Title and Company Date Authorized Agent Phone Address 7 j FAX COVER SHEET Carlton, Ohio Office Millsboro Beach, Florida Office LARRY A. ZINK LARRY A. ZINK ZINK,ZINK& ZINK CO.,L.P.A. 1198 Hillsboro Mile 3711 Whipple Ave. NW Hillsboro Imperial West,Suite 244 Canton,Ohio 44718-2933 Hillsboro Beach,FL 33062 Phone: 330-492-2225 Phone: 954-428-3672 Fax: 330-492-3,956 Fax: 954-428-3672 E-Mail: LAZOHIQAaol.com Cellular Phone: 330-495-0171 Send to: From: Larry A. Zink,Esq. Timothy Ryan,Esq. Re: City of Dania Beach v Palm Beach Date: February 23 ,2005 Polo Holdings# 02-3248 Copy to: Office Location: Canton,Ohio Fax Number: 954-921-1247 Phone Number: 330-492-2225 Fax Number: 330-492-3956 Response Needed: YES NO _x ASAP ® Total pages,including cover: T2 Will not be mailed: Comments: See document following: Letter IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton,Ohio and 954-428-3672 in Hillsboro,Florida THIS INFORMATION 1S INTENDED ONLY FOR THE USE OF THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION AND ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE COPYING OR DISTRIBUTION OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO ® US AT THE ABOVE ADDRESS. a-ffiles\faxform.doc ZINK, ZINK & ZINK CO., L.P.A. ® LAW OFFICES 3711 WHIPPLE AVENUE N.W. CANTON,OHIO 447 1 8-293 3 EDWARD J.ZINK(1921-1996) Telephone(330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK * Fax(330)492-3956 FLORIDA E-MAIL: LAZOHIO@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax(954)428-3672 February 23,2005 Timothy M.Ryan,Esq. By fax 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach,FL 33004 Re: City of Dania Beach v Palm Beach Polo Holdings,Inc. Case No. 02-3248 ® Dear Mr. Ryan: The undersigned is attorney for Palm Beach Polo Holdings, Inc. with regard to the above matter. I am in receipt of the Notice of Request for Authorization to Foreclose, scheduled for March 7, 2005. I am corresponding with you to request that the hearing be continued until April, 2005 because I am not available to attend the hearing on March 7, 2005 due to of a court case I have scheduled out of state which has been scheduled for several weeks. If necessary, I can prepare and file a formal Motion to Continue the matter. I telephoned your office on February 23, 2005 to discuss the matter and was advised you were out of the office until February 24, 2005. I will telephone you again on February 24, 2005 to discuss this matter. Sincerely, ZINK,ZINK&ZINK CO.,L.P.A. La A. Zink LAZ/j l ® cc Palm Beach Polo Holdings, Inc. Feb. 23 2005 06:16PM ® YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 Feb. 23 06:16PM 00'41 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-' . FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-BOO-HELP-FAX C435-73291. 's `0 ZINK, ZINK & ZINK CO., L.Y.A. ® LAW OFFICES 3711 WHIPPLE AVENUE N.W. CANTON, OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone(330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK * Fax (330)492-3956 FLORIDA E-MAIL:LAZOHIO@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax(954)428-3672 February 24,2005 Timothy M. Ryan,Esq. By fax 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach v Palm Beach Polo Holdings,Inc. Case No. 02-3248/Continuance of March 7, 2005 Hearing ® Dear Mr. Ryan: This letter is a follow up on my February 23,2005 letter and our telephone conversation of February 24,2005. It is my understanding,based upon our conversation of today,that the March 7, 2005 Hearing on the above matter will be continued until the April 2005 meeting of the Dania Beach Code Enforcement Board. Sincerely, ZINK, ZINK&ZINK CO.,L.P.A. ?La/A.Zink LAZ/jl cc Palm Beach Polo Holdings,Inc. Feb. 24 2005 11:45AM ® YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Feb.24 11:44AM 00'48 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). Feb. 24 2005 11:46AM ® YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 Feb.24 11:46AM 00' 41 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). FAX COLTER SHEET Canton, Ohio Office Hillsboro Beach, Florida Office LARRY A. ZINK LARRY A. ZINK ZINK,ZINK& ZINK CO.,L.P.A. 1198 Hillsboro Mile 3711 Whipple Ave.NW Hillsboro Imperial West,Suite 244 Canton, Ohio 44718-2933 Hillsboro Beach,FL 33062 Pboine: 330-492-2225 Phone: 954-428-3672 au, 3A492-3956 Fax: 954-428-3672 E-Mail: LAZOHIO aol.com Cellular Phone: 330-495-0171 Send to: Timothy Ryan,Esq. From: Larry A.Zink,Esq. Re: City of Dania Beach v Palm Beach Polo •Date February 24 ,2005 Holdings#02-3248 ' Copy to: Office Location: Canton,Ohio Fax Number: 954-921-1247 Phone Number: 330-492-2225 Fax Number: 330-492-3956 Response Needed: YES NO ASAP Total pages,including cover: _2 Will not be mailed: Comments: See document following: Letter re Continuance of March 7, 2005 Hearing IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton,Ohio and 954-428-3672 in Hillsboro,Florida THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION AND ARE NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT THE COPYING OR DISTRIBUTION OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO • US AT THE ABOVE ADDRESS. a-ffiles1axform.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES ® 3711 WHIPPLE AVE., NW CANTON, OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone(330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK* Fax(330)492-3956 FLORIDA E-Mail: LAZOHIO@aol.com Cellular No. (330)495-0171 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST, SUITE 244 HILLSBORO BEACH, FLORIDA 33062 Florida Telephone& Fax(954)428-3672 FAX TRANSMISSION Date; July 25,2005 TO: Tim Ryan Esq./attorney for City of Dania Beach FAX NO: 954-921-1247 FROM: Larry A. Zink,Esq • RE: Broward Yachts docks TOTAL NUMBER OF PAGES(INCLUDING THIS PAGE)_2 RESPONSE NEEDED: YES NO MESSAGE: Following up on my letter to you of last week re the status of Broward Yachts dock permit application see my a mail to Julie Krawczyk of DPEP confirming that DPEP has approved Broward Yachts conceptual drawing of the docks IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION OR YOU RECEIVE IT IN ERROR PLEASE TELEPHONE (330) 492-2225 in Canton, Ohio and (954) 428-3672 in Hillsboro Beach, Florida THE INFOP24ATION CONTAINED IN THIS FAX TRANSMISSION IS ATTORNEY COMMUNICATION AND MAY BE PRIVILEGED. PLEASE DESTROY IF RECEIVED IN ERROR. a-ffi1es\forms\i:axfor4a.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES ® 3711 WHIPPLE AVE., NW CANTON, OHIO 44718-2933 EDWARD J.ZINK (1921-1996) Telephone (330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK* Fax(330)492-3956 FLORIDA E-Mail: LAZOHIO@aol.com Cellular No. (330)495-0171 1198 HILLSBORO MI LE HILLSBORO IMPERIAL WEST, SUITE 244 HILLSBORO BEACH, FLORIDA 33062 Florida Telephone& Fax(954)428-3672 FAX TRANSMISSION Date; September 12 , 2005 TO: Tim Ryan,Esq. Cc; FAX NO: 954-921-1247 ® FROM: Larry A. Zink,Esq. RE: City of Dania Beach/Palm Beach Polo Holdings Case no. 02-3248 TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE)_2_ RESPONSE NEEDED: YES NO MESSAGE: See document following: letter IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION OR YOU RECEIVE IT IN ERROR PLEASE TELEPHONE (330) 492-2225 in Canton, Ohio and (954) 428-3672 in Hillsboro Beach, Florida THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS ATTORNEY COMMUNICATION AND MAY BE PRIVILEGED. PLEASE DESTROY IF RECEIVED IN ERROR. • a-ffi1es\forms\faxfor4a.doc ZINK, ZINK & ZINK CO.,L.P.A. LAW OFFICES 3711 WHIPPLE AVE.,NW CANTON,OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone: (330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK* Fax: (330)492-3956 FLORIDA Cellular Phone: (330)495-0171 E-Mail: LAZOhio@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax: (954)428-3672 September 12, 2005 Timothy M. Ryan, Esq. Via Fax: 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No. 02-3248 Dear Mr. Ryan: This letter will update you on the status of the docks permit. On July 13, 2005, DPEP approved the conceptual design for five docks. DPEP requires that signed and sealed construction drawings be prepared and submitted to DPEP. Polo Holdings is awaiting the completion of the drawings. Once the drawings are submitted to DPEP I expect a quick approval. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. Larry A. Zink, Esq. LAZ/mab m-rfiles\pbholdings.510\daniabeachdock\ryan.doc HP OfficeJet K Series K60 Log for Personal Printer/Fax/Copier/Scanner PALM BEACH POLO 5617907114 Sep 12 2005 10:58am Last Transaction Date Time Type Identification Duration Pages Result Sep 12 10:57am Fax Sent 19549211247 0:45 2 OK ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE.,NW ® CANTON,OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone: (330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK* Fax: (330)492-3956 FLORIDA E-Mail: LAZOhio@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax: (954)428-3672 DEMO TO; Tim Ryan Esq. Special Attorney- City of Dania Beach FAX NO: 954- 921- 1247 FROM; Larry A. Zink Esq. RE; Broward Yachts Inc- Dock application/ Dania Beach case # 02-3248 DATE; 10/22/05 This Memo is a follow up on the 9/12/05 status report I sent to you. The final signed & sealed dock drawings have been filed with DPEP and I expect finalization of the process with DPEP within the next 2 weeks. Zi Zink & Zink, Co. LPA Larry A. Zink Esq. Oct. 22 2005 09:07AM ` YOUR LOGO ZINK LAW OFFICE ® YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 Oct. 22 09:0GAM 00'26 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800—HELP—FAX (435-7329). Oct. 22 2005 09:06AM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Oct. 22 09:05AM 00'28 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' DR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800—HELP—FAX (435-7329). � t ® ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE.,NW CANTON,OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone: (330)492-2225 *ADMITTED TO PRACTICE IN LARRY A.ZINK* Fax: (330)492-3956 FLORIDA Cellular Phone: (330)495-0171 E-Mail: LAZOhio@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA33062 Florida Telephone&Fax: (954)428-3672 November 29, 2006 Timothy M. Ryan, Esq. Ryan & Ryan, LLC 700 E. Dania Beach Blvd. Third Floor Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No.: CEB 02-3248 Your File No.: 19995 D Dear Tim: On October 261h, 2006, the Broward Count Environmental Protection Department issued Y p its Notice of Intent to Issue Environmental Resource Permit and License (See copy enclosed). The Notice of Intent was published in the Sun Sentinel on November 20th, 2006. On July 14th, 2006, I filed with the Court of the City of Dana Beach a Request for Abatement and Release of Lien (See copy enclosed). No hearing has been scheduled on the Request for Abatement. My client is desirous of getting this matter heard and resolved. What, if anything, needs to be done to get this Request for Abatement heard? Please advise. Very Truly Yours, ZINK, ZINK & ZINK CO., L.P.A. L rry A. Zink, Esq. LAZ/mab ® Cc: Palm Beach Polo Holdings, Inc. a4files\browardyachts.511\cyan-daniabeach.com . . m Nov. 29 2006 10:22AM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Nov. 29 10:21AM 00'49 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU, #04. THEN SELECT OFF BY USING '+' OR ' FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). 1 AGENDA REQUEST FORM CITY OF DANIA Date: February 22, 2007 Agenda Item #: *30 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for J. Glezelis LLC-#05-1389—4627 SW 34 Terrace Summary Explanation& Background: This was originally cited on 09/01/05 for 1 violation and was given 30 days to comply. This was heard by the board on 12/05/05 for 1 violation. The board issued a final order giving the defendant 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 1/18/06. The fine was confirmed on 3/06/06. It went back to be reconfirmed and it was stated as complied on 9/11/06. The fine ran from 1119/06 through 9/11/06, 235 days @$100.00 per day = $23,500.00 plus recording fee totals $23,712.00. On 12/04106 it was continued to the next meeting. At the 1/08/07 Special Magistrate meeting, the abatement of$5,000.00 was granted. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 12/05/05, 3/06/06 Code Board meetings, and 9/11/06, 12/04/06, 1/08/07 Special Magistrate hearings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$5,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1389 municipal corporation PLAINTIFF, FINAL ORDER vs. J. GLEZELIS LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on December 5, 2005, 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, J Glezelis LLC, did allow the following code violation to exist at property Defendant owns located at 4627 SW 34 Terrace, Dania Beach, Florida, which property is located in the R-1 C zoned district and legally described as: DAVIS ISLES 29-19 B LOT 45 BLK 1 (# 0230 04 0410): 1. Chapter 28, Zoning, Section 4.20, Schedule of Use Regulations. There is a storage container being stored outside on the subject property. This is not a permitted use in the R-IC zoned district. Failure to remove the storage container from the property. t I FINAL ORDER #05-1389 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant J Glezelis LLC: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 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, J Glezelis LLC, for the foregoing violation Listed in paragraph b.(1), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property- and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this J 9 day of cg4g1,, 2005. DANIA BEACH CODE ENFORCEMENT BOARD By: — Richard Bettor, airperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Fl- 33004 s FINAL ORDER #05-1389 PAGE 3 Notary Seal: Sworn and subscribed before me this Ill day of A2tpe jjU0p 2005. NOT RY PUB I S ATE OF FLORIDA Richard Bettor is personally known to me. �or.y, Gloria J Brandes Y My Commission DD187260 �c Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1389 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J Glezelis LLC, this day of , r .P'�wtti�JoJ, , 2005. CERTIFIED MAIL 7002 2030 0003 1209 8544 i COD ENFORC EN BOARD CLERK APPROVE AS TO FORM AND CORRECTNESS r TIM RYAN SPECIAL CI Y 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 /E CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 05-1389 Florida municipal corporation, Petitioner, -vs- J. GLEZELIS, LLC. Respondent/ AMENDED ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE, 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having'received the Affidavit and testimony of Code Officer Gary Phaneuf on the 11 th day of September 2006 and in accordance with Florida Statute 162.09, the Code Enforcement Special Magistrate states as follows: 1. On the 19th day of December 2005, a Final Order in the above-captioned case was entered by the Code Enforcement Board commanding the Respondent, J. Glezelis, LLC, to bring the violations specified in said Final Order into compliance on or before the 19th day of January 2006 or pay a fine in the amount of$100.00 per day for each day of non-compliance thereafter. r Order Imposing Fine Case#04-1269 2. The violations found by the Code Enforcement Board and entered in the Final Order occurred on the following described real property situate, lying and being in Broward County, Florida, to-wit: DAVIS ISLES 29-19 B LOT 45 BLK 1 (#0230 04 0410) 3. Respondent, J. Glezelis, LLC, did not comply with the Final Order on or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and accrued at the per diem rate specified until the date of September 11, 2006 when the Respondent complied with said final order. 5. The fine accrued for a period of 235 days at $100.00 per day for a total fine of $23,500.00. 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 Respondent. 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 Beach, Broward County, Florida, this day of 12006. DANIA BEACH CPDE ENFORCEMENT SPECIAL MA RATE By: Gordon Linn, Esq. SWORN TO and SUBSCRIBED BEFORE me this ..._a '°°� day of 2006 by /Erc �;� l► ✓ , who is personally known to me. Notary Public, State of Florida =?,��,� Commlsslon SHARIANN PEARSON tary Public-State of FloriUo Return to: Patricia Varnev,Finance Director 2Canmission 11 200B City of Dania Beach �100 W. Dania Beach Blvd. Commisslon#DD 31823Dania Beach,Fl 33004nded By National Notary Assn.' Order Imposing Fine Case#04-1269 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Amended Order Imposing Fine was mailed to the Respondent, J. Glezelis, LLC, this ,�_1.� ' day of r� 2006, via U. S. First Class mail and U. S. Certified Mail No. 004 2510 0003 0646 3807 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular first class mail Retum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 { E FLORIDA September 1, 2005 J GLEZELIS LLC Case Number: 05-00001389 3445 GRIFFIN ROAD DANIA BEACH, FL 33312 Location: 4627 SW 34 TER Folio: 5042-30-04-0410 Legal Description: DAVIS ISLES 29-19 B LOT 45 BLK 1 Dear J GLEZELIS LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section(s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by October 01, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Si cer , GARY PHANE F CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: . Certified Mail # 7002 2030 0003 2169 8056 by DOREEN GRANT Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us J` VIOLATION DETAIL PAGE 1 % CASE NUMBER 05-00001389 PROPERTY ADDRESS 4627 SW 34 TER ------ ------------------------------------- VIOLATION: CH 28 ZNG SEC 4 .20 OUTSID QUANTITY: 1 DESCRIPTION: CH 28 ZNG SEC 4 .20 OUTSIDE R-I DATE: 9/01/05 LOCATION: NARRATIVE Any and/or all items listed herein which are on the property must be removed. ORDINANCE DESCRIPTION Violation of Chapter 28, Zoning, Section 4 .20, Schedule of Use Regulations . The outside storage of equipment, materials, storage sheds (on undeveloped property) , containers, tires, auto parts or any other miscellaneous items is not a permitted use in the R-IC zoned district . Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Terrell McCombs, second by Tim McLeod to give the respondent 30 days to comply or thereafter a fine of $125.00 per day would be levied. Motion carried by unanimous vote. Case #05-1389 J. Glezelis LLC, 4627 SW 34 Terrace Inspector: Gary Phaneuf Violations: Ch 28, Zon, Sec 4.20 2 photos entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Tim McLeod, second by Judy Jensen to give the respondent 30 days to comply or thereafter a fine of $100.00 per day would be levied. Motion carried by unanimous vote. Case#05-1476 Veneza Villas LLC, 4432 SW 52 Street Inspector: Eric Baker Violations: Ch 13, Art II, Sec 13-34abc 3 photos entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Motion by David Nuby, second by Tim McLeod to give the respondent 30 days to comply or thereafter a fine of $50.00 per shall be levied. Motion carried by unanimous vote. Case# 05-1233 Victoria L Sando, 3061 Marina Drive Inspector: William Dubisky Violations: Ch 8, Sec 8-215a3; Ch 13, Art II, Sec 13-34 abc; Ch 14, Sec 14-2 2 photos entered into evidence Dania Beach Code Board Summary Minutes 5 December 5, 2005 Disposition: Property is still in violation. Motion made by Judy Jensen, seconded by Tim McLeod to confirm the fine. The motion carried by unanimous vote. Case# 05-1389 J Glezelis LLC, 4627 SW 34 Terrace Motion to confirm the fine Inspector: Gary Phaneuf Violations: Ch 28 Sec 4.20 Present for the Defendant: No representative Disposition: Property is still in violation. Motion made by Judy Jensen, seconded by Jimmy Peterman to confirm the fine. The motion carried a unanimous vote. There being no further business, the meeting was adjourned. Richard Bettor, Chairman Dania Beach Code Enforcement Board 6 3/06/06 a a � d o N N N C C a) C) a) a) a) a) O (o a) a) a) a) a 0 a) m a) o a) a) a) a) a) N N O a) a) p O a) C C C (a m C p C C C C CO >. 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This was taken to the board on 9/06/05 for 2 violations. A final order was issued giving the defendants 30 days to comply or a fine of$200.00 per day would be levied. The compliance date was 10/28/05. The property was not brought into compliance and the fine was confirmed on 2/06/06. This was taken to the Special Magistrate on 8/14/06 to seek possible foreclosure, but a continuance was granted. On 9/11/06 authorization to foreclose was granted. The property was brought into compliance on 12/12/06. The fine ran from 10/28/05 through 12/12/06, 410 days @ $200.00 per day = $82,000.00 plus recording fee for a total of$82,176.50. At the 1/22/07 Special Magistrate hearing, the abatement of$21,000.00 was given. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 9/06/05, 2/06/06 Code Board meetings and the 8/14/06, 9/11/06, 1/22/07 Special Magistrate hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$21,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1010 municipal corporation PLAINTIFF, FINAL ORDER vs. REAL ESTATE DEVELOPMENT I LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 6, 2005, 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, Real Estate Development I LLC, did allow the following code violations to exist at property Defendant owns located at 4716 SW 32 Avenue, Fort Lauderdale, Florida, which property is legally described as: CANAL GROVES 22-31 B LOT 17 BLK 1 (# 0230 01 0130): 1. Chapter 8, Buildings, Article II, Property Standards; Section 8-21 (4)(f). Minimum standards. General requirements for all dwellings, dwelling units, hotels, hotel units and rooming houses and rooming units. Failure to replace or remove fence which is in disrepair and falling down. FINAL ORDER #05-1010 PAGE 2 2. 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 repair and paint building which is in disrepair and discolored. Permits may be required for repair work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Real Estate Development I LLC: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $200.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Real Estate Development I LLC, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $200.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant, must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. IRERED at Dania Beach, Broward County, Florida, this c2o day of 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1010 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD B : v Ric and Be or, hairperson Notary Seal: Sworn and subs ibed before me this day of 2005. NOT RY AUBLIP STATE OF FLORIDA Richard Bettor is personally known to me. ,ar.&y Gloria J Brandes j° Yr My commission DD187260 yc ,p Exp res May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1010 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Real Estate Development I LLC, this day of c � , 2005. CERTIFIED MAIL 7004 2510 0003 0646 2114 CODE NFORCE NT OARD CLERK F 1P APPROVED AS;I' FORM ND CORRECTNESS TIM RYAN, SP CIAL CITY ATT RNEY xc: Real Estate Development I LLC, 2121 NW 29 Court, Oakland Park, FI 33311 Certified Mail 7004 2510 0003 0646 2121 Also sent first class mail Return to: . Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #05-1010 Municipal corporation PETITIONER, FINAL ORDER VS. REAL ESTATE DEVELOPMENT I LLC RESPONDENT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector, Gary Phaneuf, on the City's Motion to Confirm Fine held on the 6`h day of February, 2006, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 28th day of September, 2005, a Final Order in the above captioned case commanding the Respondent, Real Estate Development I LLC, to bring the violations specified in said Final Order into compliance on or before the 28`h day of October, 2005, or pay a fine in the amount of $200.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-1010 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: CANAL GROVES 22-31 B LOT 17 BLK 1 (# 0230 01 0130). 3. That the Respondent, Real Estate Development I LLC, 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 Respondent, Real Estate Development I LLC, shall comply with said Final Order. Upon complying, the Respondent shall notify the City's Code Enforcement Department and an officer will.inspect the property and notify the Code Enforcement Board whether Respondent 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 Respondent. DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: ��!? Richard Bettor, Chairman Sworn to and subscribed before me this -2d, day of %Z�e- , 2006, By Richard Bettor, who is personally known to me. NqjrARY PU IC STATE OF FLORIDA Jyr Glona J Brander ,Q ► ,Cc)MM lion W 87260 Jf Expires May 10,2007 aw Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #05-1010 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent, Real Estate Development I LLC, this o2J day of 2006. CERTIFIED MAIL # 7003 1680 0002 5106 4786 CODE NFORCEOILNVBOARD CLERK APPROVED, S 0 FORM AND CORRECTNESS - - TIMOTHY M./RYAN, SPECIAL ITY ATTORNEY xc: Real Estate Development I LLC, 2121 NW 29 Court, Oakland Park, FI 33311 Certified Mail 7003 1680 0002 5106 4793 Real Estate Development I LLC, 1911 Harrison Street, Hollywood, FI 33020 Certified Mail 7003 1680 0002 5106 4809 Oscar Grisales-Racini, 2999 NE 191, PH 8, Aventura, FI 33180 Certified Mail 7003 1680 0002 5106 4816 Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 FLORIDA June 15, 2005 REAL ESTATE DEVELOPMENT I LLC Case Number: 05-00001010 4716 SW 32 AVE FT . LAUDERDALE, FL 33312 Location: 4716 SW 32 AVE Folio: 5042-30-01-0130 Legal Description: CANAL GROVES 22-31 B LOT 17 BLK 1 Dear REAL ESTATE DEVELOPMENT I LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by July 15, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . Sincerely, GARY P ANEUF CODE INSPECTOR _ I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7004 2510 0003 0646 2794 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 05-00001010 _......: PROPERTY ADDRESS 4716 SW 32 AVE ------- ------------- --- -- --- ------ ----------------- -------- - - - VIOLATION: CH 8 , ART II SEC 8-21 4F QUANTITY: 1 DESCRIPTION: CH 8 , ART II SEC 8-21 4F WOOD DATE : 6/15/05 LOCATION: NARRATIVE Fence must be replaced or removed. Permit required for replacement ORDINANCE DESCRIPTION Violation of Chapter 8 , Buildings, Article II , Property Standards; Section 8-21 (4) (f) . Minimum standards . General requirements for all dwellings, dwelling units, hotels , hotel units and rooming house and rooming units . All fences shall be maintained in a good state of repair. - --- ---------- - -- -- - --- -- - --------------- ------------ --------- VIOLATION: MINIMUM STANDARDS-PAINT QUANTITY: 1 DESCRIPTION: CH 8 ,ART II, PS, SEC 8-21A5A1&2 DATE: 6/15/05 LOCATION: NARRATIVE Repair, paint and mantain building ORDINANCE DESCRIPTION : Violation of Chapter 8 , Article II - Property etandarStandards; Section 8-21 (a) (5) (a) , (1) & (2) ; m ds 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. 29. Case # 05 876 LPH LLC 726 SW 4 TER Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.14, unlicensed vehicles are still on the property. He presented 1 photograph as evidence. Chairman Bettor asked if there was anyone present to represent LPH LLC. No one came forward. Terrell McCombs made a motion to adopt the findings of fact by Inspector Baker, move that the violation exists as charged and move that the violator be given 30 days to comply and thereafter a fine of $75.00 per day shall be levied. The motion was seconded by Tim McLeod and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 30. Case # 05- 953 Real Estate Dev. I LLC 4732 SW 32 Ave Fort Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and presented 4 photographs for the record. He stated that as of today the property is still in violation of Ch.13, Sec. 13-34A, there is still overgrowth on the property, Ch. 8, Sec. 8-21 (4) F, fence needs repair, Ch.8, Sec.8-21 A5A 1&2, building has not been cleaned or painted. Chairman Bettor asked if there was anyone present representing Real Estate Dev. I LLC. No one came forward. Tim McLeod made a motion to adopt the findings of fact by Inspector Gary Phaneuf that the violations do exist as charged and that the violator be given 30 days to come into compliance or a fine of$100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 31. Case # 05— 1010 Real Estate Dev. I LLC 4732 SW 32 Ave Fort Lauderdale, FL Code Inspector Gary Phaneuf having been previously sworn in, came forward and presented 2 photographs as evidence. He stated that as of today the property is still in violation of Ch.8, A t.1I, Sec.8-21(4)F, fence needs repair, Ch.8, Art.II, Sec. 8.21 A5A 1&2, the building still needs repair and paint. Tim McLeod made a motion to adopt the findings of fact by Inspector Gary Phaneuf that the violations do exist and that the respondent be given 30 days to come into Dania Beach Code Board Summary Minutes 14 September 6,2005 compliance and thereafter a fine of $200.00 per day shall be levied. Judy Jensen seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 32. Case # 05— 1104 C & Y Invest Group LLC 5050 SW 40 Ave Ft. Lauderdale, FL Code Inspector Eric Baker, having been previously sworn in, came forward asked for continuance of the case to next month's board meeting. Tim McLeod made a motion to continue the case to the October meeting and was seconded by Judy Jensen. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 33. Case#05— 1165 Kathryn Fritz 4750 SW 27 Ave Ft. Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and presented 1 photograph for the record. He stated that as of today the property is still in violation of Ch.14,Sec.14-2, vehicle has no valid license plate. Chairman Bettor asked if there was anyone present to represent Kathryn Fritz. No one came forward. Judy Jensen made a motion to adopt the findings of Code Officer Gary Phaneuf that the violation exists, move that the violator be given 30 days to comply and thereafter a fine $75.00 per day shall be levied. Terrell McCombs seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes There being no other business, the meeting was adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 15 September 6,2005 Present for the Defendant: No representative Disposition: Property is still in violation. A request by Inspector William Dubisky to dismiss the case was made. Motion made by Jimmy Peterman, seconded by Tim McLeod to dismiss the case. Motion carried by unanimous vote. Case # 05-1010 Real Estate Development I LLC, 4716 SW 32 Avenue Motion to confirm fine Inspector: Gary Phaneuf} sworn in Violations: Ch 8 Art II Sec 8-21 (4) (F) Wood Ch 8 Art II PS Sec 8-21 (a) 5(a) 1&2 3 Photographs entered into evidence. Present for the Defendant: Oscar Grisales} sworn in Disposition: Property is still in violation. William Johnson addressed the Board and explained the case needs to have the fine confirmed, because the case was already heard. Motion was made by Jimmy Peterman, seconded by Tim McLeod, to confirm the fine of $200 per day beginning 10/28/05. Motion carried by unanimous vote. Case # 05-0953 Real Estate Development I LLC, 4732 SW 32 Avenue Motion to confirm fine Inspector: Gary Phaneuf Violations: Ch 13 Sec 13-34A Ch 8 Art 11 Sec 8-21(4) F Ch 8 Art II Sec 8-21 (a) 5 (a) 1 & 2 Present for the Defendant: Oscar Grisales Disposition: The property is in compliance as of today. 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M . m L = T m M M - �o >+— m a) U M N m m E p) m a) •C U .0 C L L m d O c "a rL m O N a) m O m .N = O V 0 L 0 O .N Q O m ? 7 -a O U a) •V m } m O CD - O a) E V L m Z m � of YofJW > 20' 2 � W I MW } oo2QUW 02Z2 0 -) CDQz w YOU CD N C LO O 0M O O O 00 Q co COA c-- O O O CD N i M M W M 0 00 1l- M LO 0 m cl- M O) c`O M c- CD r r N CC) It M `7 c- r- P- N (O (n 0 0 N y MOO (cOmLOLOcoLOV) LOLOCD LO co (0m0r- (DCD00d' LO (O00CD LO cn (OItOoLO It LO LO LO p r o r O r �- O r r 0 r 0 r r r r r r O r r r 0 0 r r r O 0 r r r r r y r r � � � � 1 m CD 0 (o 0 CD CO CD 0 (o 0 0 (O (o CD Cfl c17 CD CD CO In CO CD CO CD CD (0 (0 (0 (0 CO 0 CD CD CD U 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 O C) O O O O O O O 0 (D V 0 r W) (D I'. a0 p) CDr N M le U) W 1- W M O r N M I (O to 1- 00 O) O r NM It cO co h N M r r r r r r r r r r N N N N N N N N N N M m m Cl) m M cn M a) y m U AGENDA REQUEST FORM CITY OF DANIA Date: February 22, 2007 Agenda Item #: go dl Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Real Estate Development I LLC —#05-0953—4732 SW 32 Avenue Summary Explanation & Background: This was originally cited on 6/10/05 for 3 violations and was given 30 days to comply. This was taken to the board on 9/06/05 for 3 violations. A final order was issued giving the defendants 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 10/28/05. The property complied on 2/06/06 at the code board meeting, and the board decided to reduce the fine to $500.00 if paid within 30 days. This was taken to the Special Magistrate on 8/14/06 to seek possible foreclosure, but a continuance was granted. On 9/11/06 authorization to foreclose was granted. The fine ran from 10/28/05 through 2/06/06, 101 days @ $100.00 per day = $10,100.00 plus recording fee for a total of $10,276.50. At the 1/22/07 Special Magistrate hearing, the abatement of$5,000.00 was given. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 9/06/05, 2/06/06 Code Board meetings and the 8/14/06, 9/11/06, 1/22/07 Special Magistrate hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$5,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-0953 municipal corporation PLAINTIFF, FINAL ORDER vs. REAL ESTATE DEVELOPMENT 1 LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 6, 2005, 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, Real Estate Development I LLC, did allow the following code violations to exist at property Defendant owns located at 4732 SW 32 Avenue, Dania Beach, Florida, which property is legally described as: CANAL GROVES 22-31 B LOT 18 BLK 1 (# 0230 01 0140): 1. Chapter 13, Section 13-34(a), Prohibitions. There is overgrown vegetation and miscellaneous trash on the subject property. Failure to cut overgrown vegetation and remove all trash from the property. FINAL ORDER #05-0953 PAGE 2 2. Chapter 8, Buildings, Article 11, Property Standards; Section 8-21(4)(f). Minimum standards. General Requirements for all dwellings, dwelling units, hotels, hotel units and rooming houses and rooming units. Failure to replace or remove fence which is in disrepair. 3. Chapter 8, Article II — Property Standards; Section 8-21 (a)(5)(a), (1) & (2); Minimum standards dwellings, hotels and rooming houses. Maintenance and appearance standards. Failure to paint building which is discolored. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Real Estate Development I LLC: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(3). A fine of 100.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Real Estate Development I LLC, for the foregoing violations listed in paragraphs b.(1) through b.(3), a fine of$100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will -- continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0953 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. 9RDERED at Dania Beach, Broward County, Florida, this � day of , 2005. DANIA BEACH CODE ENFORCEMENT BOARD By:t / ichar a airperson Notary Seal: Sworn and subs *bed before me this day of 2005. �'�o . NOT Y PUBLI STA E OF FLORIDA Richard Bettor is personally known to me. ;iona J Brandes F� My Commission DD187260 Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0953 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Real Estate Development I LLC, this day of 2005. CERTIFIED MAIL 7004 2510 0003 0646 2138 CODE NFORCEM T BOARD CLERK APPROVED TO FORM AND CORRECTNESS TIM RYAN, SrECIAL CITY A ORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 05-0953 Florida municipal corporation, Petitioner, -vs- REAL ESTATE DEVELOPMENT I LLC Respondent/ 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 and testimony of Code Officer, Gary Phaneuf, on the 6th day of February, 2006, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 28th day of September, 2005, a Final Order in the above-captioned case was entered by the Board commanding the Respondent, Real Estate - Development I LLC, to bring the violations specified in said Final Order into compliance on or before the 28th day of October, 2005, or pay a fine in the amount of $100.00 per day for each day of non-compliance thereafter. 2. The violations found by the Board and entered in the Final Order occurred on the following described real property situate, lying and being in Broward County, Florida, to-wit: CANAL GROVES 22-31 B LOT 18 BLK 1 (# 0230 01 0140) Order Imposing Fine Case#05-M3 3. Respondent, Real Estate Development I LLC, did not comply with the Final Order on or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and shall accrue at the per diem rate specified until the date of February 6, 2006, when the Respondent complied with said final order. 5. The fine accrued for a period of 101 days at $100.00 per day for a total fine of $10,100.00. 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 Respondent. 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/D�ania Beach, Broward County, Florida, this a�y day of e- 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, C4irperson SWORN TO and SUBSCRIBED BEFORE me this mod' day of 2006 by _ M� 2j&in who is personally known to me. Notary Public, St to of Florida P �,ioria J BrandeS 8y Commission DD187260 �, expires Moy 10,2007 Retam to: Patricia Varney,Finance Director 2 Citv of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#05-0953 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, Real Estate Development I LLC, this :9F day of , 2006, via U. S. First Class mail and U. S. Certified Mail No. 7003 1680 0002 5106 46 CODE ENFORCE ENT BOARD CLERK APPROVED AS TO FORP'rND CORRECTNESS TIMOTHY M. RYAN, SPECIAL/CITY ATTORNEY F t xc: Real Estate Development I LLC, 2121 NW 29 Court, Oakland Park, FI 33311 Certified Mail 7003 1680 0002 5106 4830 Real Estate Development I LLC, 1911 Harrison Street, Hollywood, FI 33020 Certified Mail 7003 1680 0002 5106 4847 Oscar Grisales-Racini, 2999 NE 191, PH 8, Concord Center, Aventura, FI 33180 Certified Mail 7003 1680 0002 5106 4854 Also sent regular first class mail i Retum to: Patricia Vamey;Finance Director 3 City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FI 33004 9e " 6 x FLORIDA June 10, 2005 REAL ESTATE DEVELOPMENT I LLC Case Number: 05-00000953 4732. SW 32 AVE FT. LAUDERDALE, FL 33312 Location: 4732 SW 32 AVE Folio: 5042-30-01-0140 Legal Description: CANAL GROVES 22-31 B LOT 18 BLK 1 Dear REAL ESTATE DEVELOPMENT I LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by July 10, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, GARY PHANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8258 6556 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CkSE NUMBER 05-00000953 PROPERTY ADDRESS 4732 SW 32 AVE -------- -- ------------------------------ ---------- ------- --- -- VIOLATION: CH. 13 SEC. 13-34 (A) ACCUM QUANTITY: 1 DESCRIPTION: CH. 13 SEC 13-34 (A) ACCUMLATION DATE: 6/10/05 LOCATION: NARRATIVE Cut and maintain all vegetation, remove all litter, trash and garbage and maintain your property in a neat and clean condition ORDINANCE DESCRIPTION Violation of Chapter 13 , Section 13-34 (a) , Prohibitions . (a) It shall be unlawful for any owner or operator of premises within the City to allow the accumalation or to accumalate any garbage, litter, stagnant water, trash or untended vegetation, or to allow any discoloration, or any nuisance upon the premises . -- ----------------------------------------------------------- - VIOLATION: CH 8 , ART II SEC 8-21 4F QUANTITY: 1 DESCRIPTION: CH 8 , ART II SEC 8-21 4F WOOD DATE : 6/10/05 LOCATION: NARRATIVE Fences shall be maintained in a good state of repair. Fence must be replaced or removed. Permit required for replacement . ORDINANCE DESCRIPTION Violation of Chapter 8 , Buildings, Article II , Property Standards; Section 8-21 (4) (f) . Minimum standards . General requirements for all dwellings, dwelling units, hotels, hotel units and rooming house and rooming units. All fences shall be maintained in a good state of repair. ------------------------------- ------------------------------- VIOLATION: CH. 8ARTII SEC 8-21 A5A1&2 QUANTITY: 1 DESCRIPTION: CH. 8ARTII SEC 8-21 A5A1&2PAINT DATE: 6/10/05 LOCATION: NARRATIVE Repair, paint and maintain building ORDINANCE DESCRIPTION Violation of Chapter 8 , Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) & (2) ; Minimum Standard 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 VIOLATION DETAIL PAGE 2 CASE NUMBER 05-00000953 PROPERTY ADDRESS 4732 SW 32 AVE ORDINANCE DESCRIPTION protected. Painted surfaces shall be maintained free of graffiti, peeling paint and with uniform colors void of any evidence of deterioration. 29. Case # 05 876 LPH LLC 726 SW 4 TER Dania Beach, FL Code Inspector Eric Baker, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.14, unlicensed vehicles are still on the property. He presented 1 photograph as evidence. Chairman Bettor asked if there was anyone present to represent LPH LLC. No one came forward. Terrell McCombs made a motion to adopt the findings of fact by Inspector Baker, move that the violation exists as charged and move that the violator be given 30 days to comply and thereafter a fine of $75.00 per day shall be levied. The motion was seconded by Tim McLeod and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 30. Case # 05- 953 Real Estate Dev. I LLC 4732 SW 32 Ave Fort Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and presented 4 photographs for the record. He stated that as of today the property is still in violation of Ch.13, Sec. 13-34A, there is still overgrowth on the property, Ch. 8, Sec. 8-21 (4) F, fence needs repair, Ch.8, Sec.8-21 A5A 1&2, building has not been cleaned or painted. Chairman Bettor asked if there was anyone present representing Real Estate Dev. I LLC. No one came forward. Tim McLeod made a motion to adopt the findings of fact by Inspector Gary Phaneuf that the violations do exist as charged and that the violator be given 30 days to come into compliance or a fine of$100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Terrell McCombs-yes Richard Bettor-yes 31. Case # 05— 1010 Real Estate Dev. I LLC 4732 SW 32 Ave Fort Lauderdale, FL Code Inspector Gary Phaneuf, having been previously sworn in, came forward and presented 2 photographs as evidence. He stated that as of today the property is still in violation of Ch.8, Art.Il, Sec.8-21(4)F, fence needs repair, Ch.8, Art.Il, Sec. 8.21A5A 1&2, the building still needs repair and paint. Tim McLeod made a motion to adopt the findings of fact by Inspector Gary Phaneuf that the violations do exist and that the respondent be given 30 days to come into Dania Beach Code Board Summary Minutes 14 September 6,2005 Present for the Defendant: No representative Disposition: Property is still in violation. A request by Inspector William Dubisky to dismiss the case was made. Motion made by Jimmy Peterman, seconded by Tim McLeod to dismiss the case. Motion carried by unanimous vote. Case # 05-1010 Real Estate Development I LLC, 4716 SW 32 Avenue Motion to confirm fine Inspector: Gary Phaneup sworn in Violations: Ch 8 Art II Sec 8-21 (4) (F) Wood Ch 8 Art II PS Sec 8-21 (a) 5(a) 1&2 3 Photographs entered into evidence. Present for the Defendant: Oscar Grisales} sworn in Disposition: Property is still in violation. William Johnson addressed the Board and explained the case needs to have the fine confirmed, because the case was already heard. Motion was made by Jimmy Peterman, seconded by Tim McLeod, to confirm the fine of $200 per day beginning 10/28/05. Motion carried by unanimous vote. Case# 05-0953 Real Estate Development I LLC, 4732 SW 32 Avenue Motion to confirm fine Inspector: Gary Phaneuf Violations: Ch 13 Sec 13-34A Ch 8 Art II Sec 8-21(4) F Ch 8 Art II Sec 8-21 (a) 5 (a) 1 & 2 Present for the Defendant: Oscar Grisales Disposition: The property is in compliance as of today. A recommendation was made by Chief Zoning/Code InspectorWilliam Johnson, to reduce the fine to $500.00 for administrative Dania Beach Code Enforcement Board 2/06/06 3 costs if paid within 30 days from 2/6/06. Motion made by Tim McLeod, seconded by Terrell McCombs to reduce the fine to $500.00 if paid in 30 days. If the fine is not paid in 30 days, the fine will be confirmed at the original amount. Motion carried by unanimous vote. Case#05-1165 Kathryn Fritz, 4750 SW 27 Avenue Motion to confirm fine Inspector: Gary Phaneuf Violations: Ch 14 Sec 14-2 Present for the Defendant: Damian Gardner} sworn in Disposition: The property is still in violation. Motion made by Tim McLeod, seconded by Jimmy Peterman to confirm the fine. Motion carried by unanimous vote. Case # 04-0996 Eric S. Blackmon, 9 NW 8 Avenue Motion to confirm fine Inspector: William Johnson Violations: Ch 28 Article IV Sec 4.10 Present for the Defendant: Eric Blackmon} sworn in Howard Blackmon} sworn in Disposition: Inspector Johnson recommended an extension of 120 days be allowed. Motion was made by Jimmy Peterman, seconded by David Nuby to allow for an extension of 120 days from 2/06/06. Motion carried by unanimous vote. The motion was amended by Jimmy Peterman, seconded by David Nuby to allow for 180 days from 11/30/06. Motion carried by unanimous vote. Case# 05-1350 Fannie Bennett, 237 NW 5 Avenue Request for Abatement Inspector: Theodore Perez} sworn in Dania Beach Code Enforcement Board 2/06/06 4 E T O 2 c C _0 O E t� O c 70 O 0 O (6 a3 O O a) �a ` c) (O a) O O O O O N a) a) a3 2 C > (� O N '� U) a) N N (� t` N N t� >. ca w r= C O a7 .O-. >` 3 O .- c a) 0) T-0 Ll'I T T p 3 N 'O C O C a) N O O O a) U M "O "O CU N N N L .O a) .2 2 Z N ... 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IT 00 M r (C) (O d' V N It u') c(') c0 1 1 CNI V 104 1 r I N N N N C > c 0 o od W c c (a c c N 'n 1 > E E �_ c m o 2 ° m U E @ a) 0 a 0- coLL U u 0 0 — a) 0 N E o E atS 0 co N >w m m 0 m a 0 � 0 U '@ -0 00 a) m > > N O .� i r- 0 Y U O 0 > co •O (/) .� p .� (n c m J Y co m C O 0 0 r m m 7 'd C m P co 0 m m — � � m — U 0 n a) - o� 0 L 0 a) > F c 0 3 0 o) � � � J � U '� 0 0 .7 c aa'i � � mU 3U2 a) E Q m mm m c`a U L) m ado m > m mL (nm � 0 -) U oL UUD' O� Q co(�com � U J otS �� m � °T(n aa) a 0 U w W � � o � � 5 - m •E X � c = o� � @ c 5 - m f6 m s 2 m m (D@ E m m O N N m O m = 2 0 U m - 0 O•N 0 O co i 0 U O V a) V co >- m O � - = O 0 E v L co z m � � Y WJ W > a: Of � -) W -) w >- < oofin z w C) -) C7QZ Ix Y2U CO O Cl) M N M C() O CD 0 r M O V O W M 00 [t r- c� O CA "t 0 4k M (n w M 0w ti (n c(7 O M Il- cM 0) CO M I- (fl N (n It O) It � r � N (D u') O 0) N C'') O 0) (O O ((O) C ) 00 (O LO 0 (n CD LO 00 CD w m c+ (D (0 00 � m m 00 O (n (n (D co (n to () U') U) O r o r O r r O r r r r O i r 7 r r r r O r i i p pi i i `i O p i - i i r m (0 LO CO O (o (o (D (D O O O (D O (D O (D (n CO 6 (D (o (o 00 (0 co co CD CD O CO (o (D (o (o (D U C) C) o O O C) C) C) O CD C) O CD O O 0 0 0 0 0 0 0 0 0 a a a O C) O O O O O O O O L 0 0 r N M 1O CO h 00 M O r N M It cl) CO h 00 O) O r N M d' cO CD h 00 Q) O r N Cl) tt CO CO h T T r r r r r r r r N N N N N N N N N N m M m M Cl) Cl) M Cl) a) m U AGENDA REQUEST FORM CITY OF DANIA 005 Date: February 22, 2007 Agenda Item#: .dff a air Title: Request for Abatement UW Requested Action: Consideration of the Abatement Request for Sovereign International Properties Inc. -#05-1073— 303 N. Federal Hwy. Summary Explanation & Background: This was originally cited on 6/28/05 for 2 violations and was given 10 days to comply. This was heard by the board on 11/07/05 for 2 violations. 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 12/28/05. The fine was confirmed and complied on the same day of the Code Board meeting of 6/12/06. The fine ran from 12/28/05 through 6/12/06, 166 days @$75.00 per day = $12,450.00 plus recording fee totals $12,626.50. At the 3/05/07 Special Magistrate meeting, the abatement of 50% of original fine amount was granted. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 11/07/05, and 6/12/06 Code Board meetings, and the 3/05/07 Special Magistrate hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to 50% of the original fine amount. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk a CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1073 municipal corporation PLAINTIFF, FINAL ORDER vs. SOVEREIGN INTERNATIONAL PROPERTIES INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on November 7, 2005, 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, Sovereign International Properties Inc., did allow the following code violations to exist at property Defendant owns located at 303 N. Federal Highway, Florida, which property is legally described as: HANSEN & NELSON SUB 3-76 D ALL LOTS 1,2,3,4, LESS ST RD BLK G (# 0234 06 0730): 1. Chapter 13, Health & Sanitation, Article II, Section 13-34, Prohibitions (a)(b)(c). There is miscellaneous trash and debris and overgrown weeds and/or grass on the subject property, including the abutting rights-of-way. Failure to remove all FINAL ORDER #05-1073 PAGE 2 miscellaneous trash- and debris and to mow/cut overgrown weeds and/or grass on the property, including the abutting rights-of-way. 2. Chapter 8, Section 8-22(a)(1)(c). Minimum standards for commercial, industrial and institutional structures. Minimum standards. Maintenance of exterior of premises. Failure to repair or replace the fence on the property which is in disrepair and falling down. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Sovereign International Properties Inc: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $75.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Sovereign International Properties Inc., for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $75.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. Return to: Patricia Varney, Finance Director. City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 l_. FINAL ORDER #05-1073 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 , 2005. DANIA BEACH CODE ENFORCEMENT BOARD By: ichard Rettor, Chairperson Notary Seal: Sworn and subscribed before me this day o 2005. IL NOTA Y PUBLI STATE OF FLORIDA Richard Bettor is personally known to me. „�or1a J e,,odes Op167260 COmmiss10� ExPrres may 10 2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 n FINAL ORDER #05-1073 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing ,F,inal Order was mailed to the Defendant, Sovereign International Properties Inc., this ou►Q day of , 2005. CERTIFIED MAIL 7002 2030 0003 1209 8896 jz�'�/�— &.A CODP ENFOR M NT BOARD CLERK APPROV AS TO FORM AND CORRECTNESS TIM RYA , SPECIAL CIr 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 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 05-1073 Florida municipal corporation, Petitioner, -VS- SOVEREIGN INTERNATIONAL PROPERTIES INC Respondent/ 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 and testimony of Code Officer Theodore Perez on the 12th day of June 2006, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 28th day of November 2005, a Final Order in the above-captioned case was entered by the Board commanding the Respondent, Sovereign International Properties Inc., to bring the violations specified in said Final Order into compliance on or before the 28th day of December 2005, or pay a fine in the amount of$75.00 per day for each day of non-compliance thereafter. 2. The violations found by the Board and entered in the Final Order occurred on the following described real property situate, lying and being in Broward County, 4 Order Imposing Fine Case#05-1073 Florida, to-wit: HANSEN & NELSON SUB 3-76 D ALL LOTS 1,2,3,4 LESS ST RD BLK G (#0234 06 0730) 3. Respondent, Sovereign International Properties Inc., 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 June 12, 2006, when the Respondent complied with said final order. 5. The fine accrued for a period of 166 days at $75.00 per day for a total fine of$12,450.00 plus recording expense. 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 Respondent. 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 C�Q _day of_II 1-V , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this aOhx, day of o,i LW 2006 by 9ICKcflol 1�kffi)f­ , who is personally known to me. �P ANA f+AARIA RESTREPO Notary Pte-Stato of flodd�op orr. s CommiVion#DD316107 ,om%% Bonded BY t t aiY Notary Public, State of Florida Refum to: Patricia Varney,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 a Yr, Order Imposing Fine Case#05-1073 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, Sovereign International Properties Inc., this day of 2006, via U. S. First Class mail and U. S. Certified Mail N . 7004 3110 0005 3535 3346 ACTING CODE ENFORCEMENT BOARD CLERK APPRO A TO FOR ND CORRECTNESS TIMOTHY M.(RYAN, SPECIAL TY ATTORNEY Also sent regular first class mail Return to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 C 41, FLORIDA 9 June 28, 2005lo SOVEREIGN INTERNATIONAL Case Number: 05-00001073 PROPERTIES INC 303 N FEDERAL HWY DANIA BEACH, FL 33304 Location: 303 N FEDERAL HWY Folio: 5042-34-06-0730 Legal Description: HANSEN & NELSON SUB 3-76 D ALL LOTS 1,2, 3, 4,LESS ST RD BLK G HANSEN & NELSON SUB 3-76 D ALL LOTS 1, 2, 3, 4,LESS ST RD BLK G Dear SOVEREIGN INTERNATIONAL PROPERTIES INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation(s) and call for a re- inspection by July 08, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sin erely, WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8259 0607 by SHARIANN PEARSON Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.clania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER I 05-00001073 PROPERTY ADDRESS 303 N FEDERAL HWY -------------------------------------------------------------- VIOLATION: CH. 13,ART. II, SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13,ART, II, SEC. 13-34 A ,B,C DATE: 6/28/05 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. All grass and/or weeds must be cut, including the abutting rights-of-way and property maintained. ORDINANCE DESCRIPTION Violation of Chapter 13 , Health & Sanitation, Article II, Section 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . -------------------------------------------------------------- VIOLATION: CH 8, SEC 8-22 (A) (1) (C) QUANTITY: 1 DESCRIPTION: CH 8, SEC 8-22 (A) (1) (C) DATE: 6/28/05 LOCATION: NARRATIVE The fence on property must be repaired or replaced. ORDINANCE DESCRIPTION : Violation of Chapter 8, Section 8-22 (a) (1) (c) . Minimum Standards for Commercial , Industrial , and Institutional Structures. Minimum Standards. Maintenance of Exterior of Premises . The exterior of commercial premises shall be kept free of all nuisances and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises . day shall be levied. Motion carried by unanimous vote. Case# 05-1073 Sovereign International Properties, Inc., 303 N Federal Highway Inspector: William Dubisky Violations: Ch.13,Art.I1,Sec.13-34,ABC Ch.8,Sec.8-22(A)(1)(C) 5 Photographs presented and identified. Present for the Defendant: Lou Gigliotti, Attorney Disposition: Property still in violation. Motion by Jimmy Peterman, second by Tim McLeod to give the defendant 30 days to comply, thereafter a fine of$75.00 per day shall be levied. Case # 05-1099 Martin & Florence Konschnik,323 S Federal Highway Inspector: William Dubisky Violations: Ch.8, Sec.8-22 (A) (1) (C) Ch.13, Art.Il, Sec.13-34, A, B, C Ch.28, Sec.4.20, C-3 Present for the Defendant: No representative. Disposition: Motion by Tim McLeod, second by Terrell McCombs to dismiss case, property has new owners Case# 05-1120 Brian Richard Mathiasen, 4500 SW 34 Avenue Inspector: Gary Phaneuf Violations: Ch.26, Art.III, Sec.26-35B, 1, 3, 4 2 Photographs presented Present for the Defendant: No representative. Disposition: Property still in violation. Motion by Tim McLeod, second by Terrell McCombs to give the Defendant 30 days to comply, thereafter a fine of$100.00 per day shall be levied. Motion carried by unanimous vote. 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U U C C N O C C C o o M M o - - 0 E fl-- 0 • C c c o o L N 0 o m ° 0) 0) U a) ') 0 0 @ a s 0 -0 (o M 7 M C ~ w M C E C E C O O c N ° c 0 > .- N 0' 3 w o c 0 o a) M = 0 0 0 (n O a) E c C � UUO in E -) YY E o w -o otSO ° � o .T 0 (� > 0 a) c Y c c c ° LL a�i c c cu —i ¢ca NU M cTOJJ J � J ¢ °� 7 c > N 0U a) o o a) c a m a) x c °d T N m ¢ T� o U c Z E > > v°i u°i o M c Q c M c E a) a`> v0i 0 = -0 'c >. o E = N aa) � � o z wU) min - � » J � LM`L � � � ww � c� a � Q > Q ¢ v) w> � � > I- (- co (n 0 co 1- LO h O (D It O O 00 P- O) P- r- CO r M O t 0 N LO r N N *k M � r- r M M 'T (D 0 O_ 0 0 � N � O M 0 M M w w 0 0 0 0 0 (n M M M O C) O t� CD 0 0 r W V' � LO r- N CD 0 00 (l- O (O (- N N O CO 00 00 00 Ih N (n O r r 0 0 0 0 0 0 O O i Cl 0 0 0 0 0 r - r i O - O O 7 7 U o) O O O O O O O O O O O O O O O O O O O O O O O O O O O O O d Q N M In t0 h O O r, r N N N N N N N N N N M a) N M U AGENDA REQUEST FORM CITY OF DANIA Date: February 22, 2007 Agenda Item#: Title: Request to Rehear Abatement Requested Action: Consideration to Rehear Abatement Request for MYSB LLC -#04-1269—4680 SW 33 Avenue Summary Explanation & Background: This was originally cited on 09/16/04 for 2 violations and was given 15 days to comply. This was heard by the board on 05/09/05 for 2 violations. The compliance date was 6/16/05. The board issued a final order giving the defendant 15 days to comply or a fine of$150.00 per day would be levied. The fine was confirmed on 01/04/06. The property was brought into compliance on 10/11105. The fine ran from 09/30/05 through 10/11/05, 11 days @ $150.00 per day = $1,650.00 plus a recording fee of $176.50 for a total of $1,826.50. Per defendant's request, this is being brought back to the commission to rehear judgement on the abatement. At the hearing on 1/18/07, commission upheld the amount of$1,826.50 instead of granting the $500.00 reduction. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 05/09/05, 08/01/05, 07/17/06, Code Board meetings, and the 9/11/06 Special Magistrate meeting. Copy of the commission minutes for 1118107. Purchasing Approval: Source of Additional Information: (Name &Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$500.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk ,f . Q fit,, • � �'C�/U � � !.. �/C/ 7U. C l� �C`J `:/ _ �`1 �C#J 1/1 7 R L Vd i I ' f. 'E 1Y7� - , f 4 ' i ! � i CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida : CASE #04-1269 municipal corporation PLAINTIFF, FINAL ORDER vs. MYSB LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on May 9, 2005, 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, MYSB LLC, did allow the following code violations to exist at property Defendant owns located at 4680 SW 33 Avenue, Dania Beach, Florida, which property is legally described as: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BILK 8 (# 0230 03 0090): 1. 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 repair, replace or remove fence which is in disrepair and falling down. FINAL ORDER #04-1269 PAGE 2 2. Chapter 8, Building, Article II. Property standards, Section 8-21 (c) (2). Minimum standards for dwellings, hotels and rooming houses. Requirements relating to the safe and sanitary maintenance of premises adjacent to dwelling structures. There is rubbish, trash and refuse located on the property. Failure to remove all rubbish, trash and refuse from the subject property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, MYSB LLC: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day will begin running 15 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, MYSB LLC, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of 150.00 per day, to begin running 15 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of , 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1269 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson Notary Seal: Sworn and subscribed before me this day of (.2� 2005. NOT RY PUBLI STATE OF FLORIDA Richard Bettor is personally known to me. ,_loot J grandee j872W ''► P CrYr_ DRaY 10,2001 0/ Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1269 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, MYSB LLC, this day of , 2005. CERTIFIED MAIL 7004 1350 0005 2993 7379 C ENFORCEWENT BOARD CLERK APPROVE S TO F RM AND CORRECTNESS r TIM RYA"' SPECIAL CI ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Y= CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-1269 municipal corporation PLAINTIFF, FINAL ORDER vs. MYSB LLC DEFENDANT SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on August 1, 2005, 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. At a Formal Hearing on May 9, 2005, the Code Enforcement Board determined. that Defendant, MYSB LLC, did allow the following code violations to exist at property Defendant owns located at 4680 SW 33 Avenue, Dania Beach, Florida, which property is legally described as: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BLK 8 (# 0230 03 0090) : 1. Chapter 8, Buildings, Article II, Property Standards, Section 8-21 (4)(f). Minimum standards for dwellings, hotels and rooming houses. General requirements for all /f FINAL ORDER #04-1269 PAGE 2 dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure to repair, replace or remove fence which is in disrepair and falling down. 2. Chapter 8, Building, Article II. Property Standards, Section 8-21 (c) (2). Minimum standards for dwellings, hotels and rooming houses. Requirements relating to the safe and sanitary maintenance of premises adjacent to dwelling structures. There is rubbish, trash and refuse located on the property. Failure to remove all rubbish, trash and refuse from the subject property. Upon consideration thereof, the motion was made and carried. It is, thereupon . ORDERED: 1. Defendant, MYSB LLC: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day was scheduled to begin running 15 days from the date this order was signed by the Chairperson of the Board. The original order was signed on June 1, 2005. (b) At the Formal Hearing on August 1, 2005, the City of Dania Beach Code Enforcement Board has granted Defendant's request for extension on imposition of the fine until September 30, 2005. (c) Except as expressly amended herein this board's order in this case signed June 1, 2005, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this 30 day of n�LGP� 12005. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By:ci%liL�1�/��� . �1 Richard Bettor, Chairperson Sworn and subscribed before me this day of 2005. NOT RY PUBLP STATE OF FLORIDA Richard Bettor is personally known to me. Gloria J Brandes Return to: Patricia Varney, Finance Director My Commission DD187260 City of Dania BeachM1df Expires May��.2p07 100 W. Dania Beach Blvd. Dania Beach, FL 33004 i FINAL ORDER #04-1269 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, MYSB LLC, this 20 day of , 2005. CERTIFIED MAIL 7004 2510 0003 0646 2220 COD ENFORC ENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, PECIAL CITY A ORNEY I xc: Schlomo Beno, MYSB LC, 4740 SW 31 Court, Hollywood, FI 33021 Certified Mail 7004 2510 0003 0646 2237 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 I! Y CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a. CASE NO. 04-1269 Florida municipal corporation, Petitioner, -vs- MYSB LLC Respondent/ AMENDED ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE, 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit and testimony of Code Officer Gary Phaneuf on the 17th day of July 2006 and in accordance with Florida Statute 162.09, the Code Enforcement Special Magistrate states as follows: 1. On the 1st day of June 2005, a Final Order in the above-captioned case was entered by the Code Enforcement Board commanding the Respondent, MYSB t_LC, to bring the violations specified in said Final Order into compliance on or before the 16th day of June 2005 or pay a fine in the amount of $150.00 per day for each day of non-compliance thereafter. 2. The violations found by the Code Enforcement Special Magistrate and entered in the Final Order occurred on the following described real property situate, r' Order Imposing Fine Case#04-1269 lying and being in Broward County, Florida, to-wit: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BLK 8 (#0230 03 0090) 3. Respondent, MYSB LLC, did not comply with the Final Order on or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and shall accrue at the per diem rate specified until the date of October 11, 2005 when the Respondent complied with said final order. 5. The fine accrued for a period of 11 days at $150.00 per day for a total fine of $1,650.00. 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 Respondent. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this day of &4U14t 2006. DANIA BEACH CODE ENFORCEMENT SPECIAL MAGIS By: c . Berman, Esq. SWORN TO and SUBSCRIBED BEFORE me this day of 2006 by qil' who is personally known t me. Notary Public, State of Florida SHARIANN PEARSON `•�' Notary Public-State of Florida •. 1MjComrrMonl5pk%Nk3y11,2006 Commission#DD 318233 Return to: Patricia Varney,Finance Director 2 �,anQ:�' Bonded ByNatloncd Notary Man. City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 f Order Imposing Fine Case#04-1269 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, MYSB LLC, this day of awAl , 2006, via U. S. First Class mail and U. S. Certified Mail No. 700 1010 0004 8918 5946 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular first class mail xc: MYSB LLC, 4680 SW 33 Avenue, Dania Beach, FL 33312 Certified Mail 7003 1010 0004 8918 5953 MYSB LLC, 4740 N 31 Court, Hollywood, FL 33021 Certified Mail 7003 1010 0004 8918 5960 Retum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 ♦K .+ FLORIDA - z 1ynC- Y 5 2 ! L/ Cr- September 16, 2004 .r MYSB LLC Case Number: 04-00001269 18151 NE 31 CT SUITE 1117 NORTH MIAMI BEACH, FL 33160 Location: 4680 SW 33 AVE Folio: 504230030090 Legal Description: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 11 BLK 8 Dear MYSB LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by October 16, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Since y, r GARY PHA EUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1680 0002 5106 1372 by DOREEN GRANT. Also sent regular mail . "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.El.us V1U1JA'1'lUN Ut5TA1L NUMBER 04-00001269 ��PRppERTY ADDRE'S S 4680 SW 33 AVE VIOLATION: CH. 8,ART II, SEC 8-214F QUANTITY: 1* DESCRIPTION: CH 8,ART II , PS, SEC 8-21 (4) (F) DATE: 9/16/04 LOCATION: NARRATIVE Fence must be replaced, repaired or removed. Permit required for replacement . ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Property Standards, Section 5-21 (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. 8, ART. II, SEC. 8-21 C2 QUANTITY: 1 DESCRIPTION: CH. 8, ART. II , SEC. 8-21 C2,MS DATE: 9/16/04 LOCATION: NARRATIVE Remove all rubbish, trash & refuse - maintain your property in a neat and clean condition ORDINANCE DESCRIPTION : Violation of Chapter 8, Building, Article II . Property Standards, Section 8-21 (c) (2) . Minimum standards for dwellings, hotels and rooming houses . Requirements relating to the safe and sanitary maintenance of premises adjacent to dwelling structures . The owner of property adjacent to dwelling structures shall be required to keep such premises free from- growth of weeds, grass, other flora, and rubbish, trash and other refuse. Code Inspector William Dubisky, having been previously sworn in, came forward and explained that this case is a violation of FBC 104.1; there are still no permits for canopy seen in picture, other violations have been complied. Chairman Bettor asked if there was anyone representing Violet Kaminski but no one came forward. It was on motion of Judy Jensen, seconded by Judith Tulacro to adopt the findings of fact by code Inspector Dubisky and allow for 45 days to comply or a fine of$100.00 shall be levied thereafter. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 35) #04-1269 MYSB LLC 4680 SW 33 St Dania Beach, Fl Code Inspector Gary Phaneuf, having been previously sworn in, came forward, submitted 9 photographs for the record and gave the following testimony. This property is in violation of Ch 8 Art Il Sec 8-21(4) (f) and Ch 8 Art 11 Sec 8-21-C2. As of today, the property remains in violation. The first time the defendant was contacted was in September 16, 2004. Chairman Bettor asked if there was anyone representing MYSB LLC but no one came forward. It was on motion of Jay Hamilton, seconded by Judy Jensen to adopt the findings of fact by code Inspector Phaneuf allow for 15 days to comply or a fine of $150.00 shall be levied thereafter. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-absent Jay Hamilton-yes Richard Bettor-yes 36) #04-1519 Patricia Palmer 809 SW 12 Ave Dania Beach,Fl Code Inspector Eric Baker, having been previously sworn in, came forward, presented one photograph to be entered as evidence in the case, and gave the following testimony. This case is a violation of Ch 14 Sec 14-2, Ch 13 Art 11 Sec 13-34 A, B, C and Ch 28 Zoning Sec 4.20 RS 6000. As of today the property is still in violation of Chapter 14 Sec 14-2. Chairman Bettor asked if there was anyone representing Patricia Palmer, no one came forward. It was on motion of Judy Jensen, seconded by Terrell McCombs to adopt the findings of fact by code Inspector Baker and allow for 30 days to comply or a fine of $75.00 shall be levied thereafter. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-absent Jay Hamilton-yes Richard Bettor-yes 37) #04-1545 Danielle & Michelle Petcrman Dania Beach Code Board Summary Minutes 15 May 9,2005 Dania, came forward and was sworn in. Mr. Levy stated that he purchased the property on 7/8/05 and has submitted plans to the building department. He said he needed some time because he has 16 tenants that he has to relocate. Tim Mc Leod made a motion to find that the violations still exist and give the respondent 120 days to submit the plans to the building department and thereafter a fine of$100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 16. Case# 05-1008 Stewart Kachel Rev Liv TR 4448 SW 51 Street Fort Lauderdale Code Inspector Eric Baker, having been previously sworn in, came forward and presented 3 photographs into evidence. He stated that as of today this property is still in violation of Ch.8, Art.11, roof, wall, and ceiling - all must be watertight, Ch.8, deteriorated facia board, Ch.15, occupational license, FBC104.1, replacing roof without a permit. Chairman Bettor asked if there was anyone present to represent Stewart Kachel Rev Liv TR. Arthur Kachael, son of Stewart Kachel, 4448, SW 51 Street. He identified the photographs presented as that of his property. He said he was doing everything he can to bring the property into compliance. He said he has submitted applications for permits for the roof and the occupational license. Mr. Kachel asked to be given 120 days to comply. Judy Jensen made a motion to move that the violations exist as charged, move the violator be given 120 days to comply and thereafter a fine of$75.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 17. Motion to Confirm - Case # 04-1269 - MYSB LLC - 4680 SW 33 Avenue Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that as of today the property is still in violation. The fence has not been repaired and there is still trash and debris on the property. Chairman Bettor asked if there was anyone present to represent MYSB LLC. Schlomo Beno, 4740 SW 31St Court, Hollywood, and was sworn in. Mr. Beno said he did not know that he had violations because he never received any notices. 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Call to Order Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests Mayor Flury moved Items#3.7, #3.8 and#3.9 to the top of the agenda. 3.1 Request for abatement for MYSB LLC for Case #04-1269, for property located at 4680 SW 33`d Avenue (#0230-03-0090) Attorney Tim Ryan advised this case involved two violations of failure to repair, replace or remove a fence which is in disrepair and falling down. The fine ran for 11 days for a total of $1,650.00, plus recording fees of $176.50, for a total of $1,826.50. The Special Magistrate recommended abating the fine to$500. Shlomo Beno, property owner, advised the building is a rental property with 6 apartments. He further noted that he complied in time. Commissioner Bertino motioned to keep the fine at $1,826.50; seconded by Commissioner Fetscher. Mr. Beno commented he is actually losing money with this property and has been trying to sell it for more than a year, without success. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher Yes 3.2 Request for abatement for Bryan Road Investments LLC for Case #05-0835, for property located at 80 SW 81"Avenue (#0234-24-0080) Attorney Tim Ryan advised the property was cited for one violation of failure to comply with all requirements and conditions of Site Plan approval. The project was approved for 33 units, but there were more than 33 units on the property. The fine ran for 61 days for a total of$6,100. The Special Magistrate recommended abating the fine to $2,500. Vice-Mayor Anton motioned to keep the original fine at S6,100; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes - 3.3 Request for abatement for Stewart C. Kachel Rev. Liv. Trust for Case #05-1008, for property located at 4448 SW 5 1" Street(40136-02-0580) Attorney Tim Ryan advised this was a rental property that was cited for 4 violations of failure to obtain roofing contractor and replace the roof. The fine ran for 86 days for a total of$6,626.50, including recording fees. The Special Magistrate recommended abating the fine to $2,750. He recalled that the violations were corrected as soon as Arthur Kachel was aware of them. Arthur Kachel noted he received the property from his father. The hurricanes hindered his work on the repairs. He dried his roof in because it was getting damage from the hurricanes. The house still belonged to his father at that time and he had to purchase it from him to be able to get a permit for the repairs. He indicated he never received confirmation from the City that they inspected the property. Mr. Kachel confirmed he is a permanent resident at the property. Commissioner Castro motioned to abate the fine to $2,750, to be paid within 12 months, with equal monthly payments; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.4 Request for abatement for Hector J. & Henrietta Rodriguez for Case #05-1142, for property located at 3970 SW 51 st Street(#0231-01-0264) Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, January 18,2007—6:00 p.m.