HomeMy WebLinkAbout2004-01-15 Special Meeting Abatement Hearing City Commission Meeting Agenda Packet AGENDA
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
ABATEMENT HEARINGS
JAN UARY 15, 2004
6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,
AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS
REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY
PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE
CITY CLERK's OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT CHARLENE JOHNSON, CITY CLERK, 100 W.
DANIA BEACH BLVD, DANIA BEACH,FL 33004, (954)924-3622,AT LEAST 48 HOURS PRIOR TO MEETING.
1. CALL TO ORDER:
2. ROLL CALL:
C
3. ABATEMENT REQUESTS:
Continued from 11/20/03 Special Meeting
3.1 a) Request by Brian R. Mathiasen, for abatement of Case #CEB99-0274,
folio #0229 03 0060. Property located at 4761 S.W. 26t" Terrace.
b) Request by Brian R. Mathiasen, for abatement of Case #CEB01-0152,
folio #0229 03 0060. Property located at 4761 S.W. 26t" Terrace.
3.2 Request for reconsideration by George S. Green of abatement of Case
#02-3053 for property located at 338 SW 15t" Street. (Vice Mayor
McElyea)
3.3 Request by Angelos Varmaxidis, for abatement of Case #02-3820 for
property located at 800 NW 8t" Street.
3.4 Extension of time to pay #CEB 00-0420 (Jovan and Radinka Solic) lien
abated to $10,000 July 8, 2003. Property located at 14'6 , SE 2"d Avenue.
4. ADJOURNMENT.
AGENDA-ABATEMENTS 1 JANUARY 15, 2004
SPECIAL MEETING
3.4 Request by Brian R. Mathiasen, for abatement of Case #CEB99-0274, folio
#0229 03 0060. Property located at 4761 S.W. 26th Terrace.
3.5 Request by Brian R. Mathiasen, for abatement of Case #CEB01-0152, folio
#0229 03 0060. Property located at 4761 S.W. 26th Terrace.
Tim Ryan, Special Counsel for the City, expressed his desire to present 3.4 & 3.5
together. He explained that Brian Mathiasen owned the property at SW 26 Terrace and
was originally cited by the Code Enforcement Board because of a violation for failing to
maintain the property, and, on a later date, for presence of unlicensed and inoperable
vehicles. He indicated that Mr. Mathiasen never appeared at any of the hearings and
fines escalated to $73,000 on the first case and $63,600 on the second. He advised that
the owner lost the property because he failed to pay County property taxes and Gold
Hands Construction purchased the tax deed on the property by paying $47,700. He
further explained that there was $30,000 to $35,000 in the Broward County Court
Registry that the City would take legal action to acquire. The Code Enforcement Board
reduced the fine by half to $68,300, not knowing at that time about the funds in the Court
Registry. He stated that since the City became aware of the Court Registry funds, they
had been negotiating with Gold Hand Construction to reduce the amount to $35,000,
which the owner felt was too high.
Attorney Harry Hipler, representing Gold Hands Construction, described the destitute
state of the property when Gold Hands acquired it. He stated that the purchase price
was $48,000 and that $12,000 was for taxes, and $36,758 was left in the surplus funds
account. He indicated that because there was also a foreclosure action involved, the
owners were requesting to have everything resolved. Attorney Hipler pointed out that
the new owners were very timely in bringing the property into compliance after taking
possession. He described the improvements that had been made at the cost of almost
$40,000. Mr. Hipler offered to make an agreed order that any money in the surplus
funds in the Court Registry be assigned to the City.
Special Attorney Ryan stated that the City had the right to the surplus funds after the
County taxes had been paid regardless of Gold Hands' ownership of the property.
Recognizing that the City would be obtaining approximately $35,000, the staff
recommendation was to offer some relief on the lien, but not to bring it down to zero.
Mr. Hipler stated that the owners did not wish to contest the $36,758 and requested the
Commission come up with a low figure, perhaps $5,000, to avoid contestment of the
foreclosure action.
Commissioner Mikes advised that the property owner had other rental property in the
City.
Mr. Hipler suggested continuing the item to the January meeting and offered to provide
pictures of the property and a list of improvements.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to
continue Items 3.4 & 3.5 to the January meeting.
MINUTES 4 OVEMBER 20, 2003
SPECIAL MEETING-ABATEMENTS
Attorney Ryan clarified that the Commission was continuing the abatement issue,
however, the City would be taking action within 60 days to collect surplus money from
Broward County Revenue Collector.
The motion passed on the following 5-0 roll call vote:
Commissioner Chunn —yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
3.6 Request by Myrtis Collie, for abatement of Case #CEB01-0085, folio #1203 34
0300. Property located at 707 S.W. 8ch Street.
No one was present from the Myrtis Collie estate.
Special Attorney Ryan explained that Myrtis Collie passed away in 1997. After she died,
the property had a number of violations and fines escalated in excess of $70,000, which
was more than the property was worth. In addition, the family of the deceased had failed
to respond to any notices. He reported that staff understood that if the City acquired the
property, the building would need to be demolished and the property sold as a vacant
lot. He advised that there had also been suspected drug activity at the property. He
recommended some reduction because of property worth, and stated that the
recommendation of the Code Enforcement Board was to deny any abatement. Staff had
recommended reducing the fines between $25,000 to $30,000 payable within 60 days.
Commissioner Mikes suggested that in cases where the City could get an ownership
interest in the property that staff should provide photographs of the property. He felt this
would give the Commission the opportunity to think of other covenants to put on the
property before it was marketed to developers.
Larry Leeds, Director of Community Development, stated that a Broward County Sheriff
officer would need to take pictures of this property as Community Development Staff
were reluctant to approach the property due to drug activity.
In response to Commissioner Flury's question about lot size, Director Leeds stated that
although he did not have the actual size, it was a small lot. He also agreed with
Commissioner Mikes that the City could put covenants on these types of properties,
such as requiring an enclosed garage to set higher standards, but warned that it would
slow down the sale and reconstruction of the property.
Commissioner Flury was concerned that if the lien were abated to $30,000 that the
property would be vacant for a long time.
Special Attorney Ryan suggested denying the abatement and continuing with
foreclosure action, and if someone surfaced that had interest in the property, they could
negotiate with the City at that time.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn,
to deny the abatement of Item 3.6 (Case #CEB01-0085). The motion passed on the
following 5-0 roll call vote:
MINUTES 5 NOVEMBER 20, 2003
SPECIAL MEETING-ABATEMENTS
0
A
P
FLORIDA
January 5, 2004
Eli Bohadaneh
Gold Hands Construction Corp.
3325 Griffin Road, Suite 172
Dania Beach,Fl 33004
Re: Case#'s CEB99-0274 and CEBO1-0152
Address: 4761 S. W. 26 Terrace
Dear Mr. Bohadaneh:
Please be advised that you are scheduled on January 15,2004, at 6:00 p.m., at
Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida,to address
the City Commission on your request for abatement of the above-referenced Code
Enforcement Board liens.
We would like to clearly state that your request for abatement of these liens in no
way represents a guarantee of a part or full waiver by the City Commission. Please be
prepared to make your comments brief and to deal only with your reasons for requesting
the abatement of the liens.
Sincerely,
C�GIL�
Iona Brandes
Code Enforcement Board Clerk
In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled
persons who, because of their disabilities, need special accommodations to
participate in this proceeding should contact Charlene Johnson,City Clerk, at 100
West Dania Beach Boulevard,Dania Beach,Florida 33004 (954)924-3622 not later
than two business days prior to such proceeding.
Certified Mail 7002 2030 0003 2168 7746
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
xc: Glenn R. Mee,Esq.,-Mee& Simpson,P. A.;517 S W.First Avenue,Fort
Laudeidale;�"Fl 33301 Certified M ail 7002 2030F0003 2168 7753
v
Also sent regular mail
CITY OF DANIA BEACH
INTEROFFICE MEMORANDUM
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director, Growth Management Department
FROM: William Johnson, Chief Zoning/Code Inspector
RE: Request for Abatement
Case # CEB99-0274
Brian R. Mathiasen
4761 S. W. 26 Terrace
Dania Beach, FI
DATE: 9/09/03
On September 8, 2003, a Request for Abatement was heard by the Code Enforcement
Board on the above referenced property.
I am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history
on this property. The Code Board recommended abatement to $36,500.00.
Please place this on the next City Commission Abatement Meeting Agenda.
Thank you.
WSJ/g
Attachments
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
RE: Request for Abatement
Brian R. Mathiasen
4761 S. W. 26 Terrace
Case # CEB99-0274
DATE: 9/09/03
The Code Enforcement Board originally heard this case on 6/07/99 for 1 violation. A
Final Order was issued giving the defendant 30 days to comply or a fine of $50.00 per
day would be levied. The compliance date was 7/25/99 and the defendant did not
comply until 7/22/03. The fine ran from 7/25/99 through 7/22/03, days @ $50.00 = $
plus.$100.00 recording fee = $ owed.
The Code Enforcement Board, after hearing testimony on September 8, 2003, decided
by unanimous vote to recommend abating to $36,500.00.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
is and Bettor, Chairman
RB/gb
AGENDA REQUEST FORM
CITY OF DANIA
Date: 9/09/03 Agenda Item#:
Title: Request for Abatement—Brian R.Mathiasen
Requested Action:
Consideration of the Abatement Request for Brian R. Mathiasen—4761 S. W. 26 Terrace-
#CEB99-0274
Summary Explanation& Background:
This property was originally cited on 5/06/99 for 1 violation. The defendant was given 7 days to
bring the property into compliance.The property was not brought into compliance and was heard
by the Code Board on 6/07/99.The board issued an order giving the defendant 30 days to
comply or a fine of$50.00 per day would be levied. The compliance date was 7/25/99 and the
property was not brought into compliance until 7/22/03. The fine ran from 7/25199 through
7/22/03, 1;458 days @$50.00/day= $72,900.00, plus$100.00 recording fee=$73,000.00 owed.
The fine was confirmed on 10/11/99.
Exhibits(List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending
abatement to$36,500.00.
(2)Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board.
(3)Copy of the original violation letter issued.
(4)Copy of minutes from the 6/07/99 and 10/11/99 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
Code Enforcement Board recommends abating to$36,500.00.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
PREPARED BY:
TIMOTHY M. RYAN, ESQ.
,.! Special City Attorney I
City of Dania Beach an BN 700 East Dania Beach Boulevard �� PS ®g�
3 08/EO�99 11141
Dania Beach, Florida 33004 II138I0
RETURN TO: ISM MEN 1031
MARIE JABALEE
Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY j
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
ITNESS my hand and official sea[ at Dania Beach, Florida, this del
of 1999. day
CITY OF DANIA BEACH
By:
ARIE JABALE
Finance Director
File: CEB
OS BK 29774 PS 1014
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE#CEB99-0274
municipal corporation
PLAINTIFF, FINAL ORDER
vs. ;
BRIAN R. MATHIASEN
DEFENDANT :
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on June 7, 1999, after notice.
Upon evidence presented by the Code Enforcement Officer, William Dubisky, the Board
finds that
a. The board has jurisdiction of the defendant and the subject matter of this action;
and
b. Defendant, Brian R. Mathiasen, did allow the following code violation to exist at
4761 SW 26 Terrace, Dania Beach, FL Which property is legally described as:
MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 12 N 75 OF S 185 OF E 100
OF W 210 BLK 4—AKA LOT 4, 6 S 21 BLK 2 ( # 0229-03-0060):
FINAL ORDER OR HK 29W4 Pe aoa5
CEB99-0274
PAGE 2
1- Chapter 13, Sec. 13-23; Public Nuisance Violation. Failure to mow/cut and
maintain weeds, grass and hedges.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Brian R. lillathiasen:
(a) has been found to be in violation of the above described code section listed in
paragraph (1) . A fine of $50.00 per day will be imposed 30 days from the date this
order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from defendant, Brian
Mathiasen, for the foregoing violation listed in paragraph (1), a fine of $50.00 per day,
to be Imposed 30 days from the date this order is signed by the Chairperson of the
Board.
The fine shall continue until said violation comes into compliance with said
section of the City Code upon requested inspection. Upon complying, the defendant
shall notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether defendant has complied.
Said fine shall constitute a lien upon the real property and personal property of the
defendant.
In the event this Final Order is filed/recorded as a lien, a charge of $55 will be
imposed. In the event a Lien satisfaction has to be prepared, a charge of $45 will be
imposed. ORDERED at Dania Beach, Broward County, Florida, this 7th day of June,
1999.
DANIA BEACH COD ENFORCEMENT BOARD
Notary Seal: By.
P r eschote , Chaira on
Date gned: S
Return to: Marie Jabalee, Finance Director
100 W.Dania Beach Blvd.
Dania Beach,FL 33004
FINAL ORDER OR BK 29774 PO 1016
CEB99-0274
PAGE 3
Sworn and subscribed before me this
S day of 1999.
NOTARY PUBL STATE OF FLORIDA
Peggy Breeschoten is personally known to me.
CGLONA
�atl p&®4 NOTARY A4rf
coax oeaea�t
s
OF tvd avAAl1Y t0
Return to: Marie Jabalee, Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
r '
FINAL ORDER OR BX 29774 PG 1017
CEB99-0274
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Brian R. Mathiasen, this day of , 1999.
CERTIFIED MAIL Z 424 986 116
10,114" - (� A"z,
Af
CO ENFORCEMENT BOARD CLERK
APPROV ASPOFORM ND CORRECTNESS
TIM RYAN, SP CIAL CITY A ORNEY
Return to: Marie Jabalee, Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
3 IM.
OIVIlm lOe
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # CEB99-0274
Municipal corporation
PLAINTIFF, FINAL ORDER
vs.
BRIAN R. MATHIASEN
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 heard testimony at
the Hearing to Confirm Fine held on the 11 th day of October, 1999, and based
on the evidence, the Board enters the following findings of fact and order:
1• That the Board did issue on the 25th day of June, 1999, a Final Order in
the above captioned case commanding the defendant, Brian R.
Mathiasen, to bring the violation specified in said Final Order into
SUPPLEMENTAL ORDER
CEB99-o274 OR 89 3 PS8397
Page 2 of 3
compliance on or before the 25th day of July, 1999, or pay a fine in the
amount of$50.00 per day for each day of non compliance thereafter.
2• That said violation occurred on the following described real
property
situate, lying and being in Broward County, Florida, to wit: MAR SHAHA
EVERGLADE SUB 2-32 D 29-50-42 LOT 12 N 75 OF S 185 OF
W 210 BLK 4—AKA LOT 4, 6 S 21 BLK 2 (0229 03 0060 F E 100 OF
3• That the Defendant, Brian R. Mathiasen, did not comply ,
Order on or before the date specified therein, p y with the Final
4• It is the order of this Board that the fine specified in said Final Order is
hereby confirmed and ratified and shall accrue at the per diem specified
until such time as the defendant, Brian R. Mathiasen, shall comply with
said Final Order. Upon complying, the defendant shall notify the City's
Code Enforcement Department and an officer will inspect the property
and notify the Code Enforcement Board whether defendant has complied.
5• It is the order of this Board that the fine shall constitute a lien against the
above described real property and it shall be a lien against any other real
or personal property owned by defendant.
DONE AND RD RED at Dania Beach, Broward County, Florida, this �o
Day of ' 1999.
DANIA BEACH CODE ENFORCEMENT BOARD
By: ���
Richard Bettor, airperson
Sworn to and subscribed before me this—�day of
By Richard Bettor, who is personally known to me. 1999
NOTA Y PUBLIC Ti4TE OF FLORIDA
G
O�Par oft 4 awcag
i CCMM 1 PEA M
cc@
MY COM
2 Or Wo aan�e
SUPPLEMENTAL ORDER 02 89 38M tM$ 1
CEB99-0274
Page 3 of 3
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendant, Brian R. Mathiasen, this 7 day of
r
1999.
CERTIFIED,MAIL #Z 352 736 493
CODE FORCE NT BOARD CLERIC
APPROVED TO FO M AND CORRECTNESS
TIMOTHY . RYAN, SPE IAL CITY ATTORNEY
3
VKtrAKtlJ BY:
TIMOTHY M. RYAN, ESQ. OR BK 38M iG 1399
f Special City Attorney
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
RETURN TO:
MARIE JABALEE
Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
WITNE§S my hand and official seal at Dania Beach, Florida, this .��9 day
of A1ovem i , 1999.
CITY OF DANIA BEACH
By:
MARIE JA LEE
Finance Director
File: CEB
o
� FLORIDA
05/06/99
BRIAN R. MATHIASEN
4511 SW 34 AVENUE
FORT LAUDERDALE, FIa 33312
RE: FILE 99-1012
LOCATION: 4761 SW 26 TR
FOLIO 0229-03-0060/
LEGAL DESCRIPTION BEING:
MARSHALLS EVERGLADE SUB 2-32 D 29-50-42
LOT 12 N 75 OF S 185 OF E 100 OF W 210 BLK 4- AKA LOT 4, 6 S 21 BLK 2
Dear BRIAN R. MATHIASEN:
You are notified that you are presently in violation of the following Code
of Ordinances, City of Dania, Florida.
VIOLATION OF CHAPTER 13 , SECTION 13-23 ; PUBLIC NUISANCE VIOLATION.
PROPERTY DECLARED A PUBLIC NUISANCE AND MUST BE PLACED INTO GOOD
CONDTIION. HEDGES, WEEDS AND GRASS MUST BE MOWED/CUT AND MAINTAINED.
You are required to correct the violation and call for a re-inspection by
05/13/99 . Failure to comply will result in proceedings against you by
the Code Enforcement Board, as provided by law. If you require further
information or have any questions about the above violation, please do not
hesitate to contact me .
1 t < <c..
WILLIAM DUBISKY
CODE INSPECTOR
I certify that an original hereof was furnished to the above named
addressee by: _X_ Certified Mail Z 424 985 885 Gloria Brandes .
"Browaas Fist City"
100 West Dania Beach Boulevard Dania Beach. Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us
Vio
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was presented as evidence. Ms. Breeschoten asked if there was any one
present representing Fred Monroe. There was no one. The photograph
was entered into evidence as exhibit 1. It was on motion of Beulah Lair,
seconded by Jimmy Peterman, to adopt the findings of fact by Code
Officer William Dubisky, move that the violation exists as charged and that
the violator be given 60 days to come into compliance, thereafter a fine of
$25.00 per day shall be levied. The motion carried on the following roll
call:
William Sargent—yes Richard Bettor—yes Alex Buchsbaum —yes
Beulah Lair—yes Peggy Breeschoten —yes Jimmy Peterman —yes
Tim McCleod —yes
19. CEB99-0274 BRIAN R. MATHIASEN
4511 SW 34 AVENUE
FORT LAUDERDALE, FL 33312
VIOLATION OF CHAPTER 13, SECTION 13-23; PUBLIC NUISANCE
VIOLATION. PROPERTY DECLARED A PUBLIC NUISANCE AND
DUST BE PLACED INTO GOOD CONDITION. HEDGES,WEEDS AND
GRASS BUST BE MOWEDICUT AND MAINTAINED.
Ms. Breeschoten stated in 9/97 there was zoning violation, no one was
present, and they were given 30 days or$50.00 per day. Mr. Dubisky
stated the violation is located at 4761 SW 26 Terrace and, as of today,.the
property is still in violation. The hedges and weeds are overgrown and
need to be trimmed. Service was obtained by certified mail, the property
was posted and the Affidavit of Service is in file. Two photographs were
presented. Ms. Breeschoten asked if there was any one present
representing Brian Mathiasen. There was no one. Two photographs were
entered into evidence as exhibits 1 and 2. It was on motion of Richard
Bettor, seconded by Tim McCleod, to adopt the findings of fact of Code
Officer William Dubisky, move that the violation exists as charged and that
the violator be given 30 days to come into compliance, thereafter a fine of
$50.00 per day shall be levied. The motion carried on the following roll
call:
William Sargent—yes Richard Bettor—yes Alex Buchsbaum —yes
Beulah Lair—yes Peggy Breeschoten—yes Jimmy Peterman —yes
Tim McCleod —yes
20. CEB99-0277 MICHAEL A. AND MARTHA J. ROSEN
4640 SW 25 AVENUE
FORT LAUDERDALE, FL 33312
DANIA BEACH CODE ENFORCEMENT BOARD 23 JUNE 7,1999
It was on motion of Judy Jensen, seconded by Pat Flury, to recommend
abatement to zero. The motion failed on the following roll call:
William Sargent—yes Richard Bettor—no Judy Jensen —yes
Beulah Lair—no Pat Flury—yes Tim McCleod — no
It was on motion of Tim McCleod, seconded by Judy Jensen, to deny the
abatement and turn it over to the commission. The motion passed on the
following roll call:
William Sargent—yes Richard Bettor—yes Judy Jensen —yes
Beulah Lair—yes Pat Flury—yes Tim McCleod —yes
16. Hearing to Confirm Fine—CEB99-0283—Alan J. and Dorothy T.
Kearns—4716 SW 32 Avenue. This was originally heard by the board
on 6/07199 for one building violation. They were given 30 days to
comply or a fine of$25.00 per day would be levied. Their compliance
date was 7125/99. They did not comply and the order was filed
effective that date.
It was on motion of Tim McCleod, seconded by William Sargent, to
confirm the fine. The motion carried on the following roll call:
William Sargent—yes Richard Bettor—yes Judy Jensen —yes
Beulah Lair—yes Pat Flury—yes Tim McCleod —yes
17. Hearing to Confirm Fine—CEB99-0274—Brian R. Mathiasen —4761
SW 26 'Terrace. This came before the board on 6107/99 for one
violation. He was given 30 days to comply or a fine of$50.00 per day
would be levied. The compliance date was 7125199. He did not comply
and the order was filed effective that date.
Inspector Dubisky said the property is still in violation as of today. Mr.
Bettor asked if there was any one present representing Mr. Mathiasen. It
was on motion of Beulah Lair, seconded by Tim McCleod, to confirm the
fine. The motion carried on the following roll call:
William Sargent—yes Richard Bettor—yes Judy Jensen —yes
Beulah Lair—yes Pat Flury—yes Tim McCleod —yes
18. Hearing to Confirm fine—CEB96-0132—Shaun Schroeder— 15 NW 14
Avenue. This was originally heard by the board on 10/02/95 for two
violations. This board issued a final order giving him 14 days to
comply or a fine of$75.00 per violation per day would be levied. The
compliance date was October 18, 1995. He did not comply and the
order was filed.
DANIA BEACH CODE ENFORCEMENT BOARD 25 OCTOBER 11,1999
® 0
FLORIDA
January 5, 2004
Eli Bohadaneh
Gold Hands Construction Corp.
3325 Griffin Road, Suite 172
Dania Beach,Fl 33004
Re: Case#'s CEB99-0274 and CEBO1-0152
Address: 4761 S. W. 26 Terrace
Dear Mr. Bohadaneh:
Please be advised that you are scheduled on January 15,2004, at 6:00 p.m., at
Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida,to address
the City Commission on your request for abatement of the above-referenced Code
Enforcement Board liens.
We would like to clearly state that your request for abatement of these liens in no
way represents a guarantee of a part or full waiver by the City Commission. Please be
prepared to make your comments brief and to deal only with your reasons for requesting
the abatement of the liens.
Sincerely,
loria Brandes
Code Enforcement Board Clerk
In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled
persons who,because of their disabilities, need special accommodations to
participate in this proceeding should contact Charlene Johnson, City Clerk, at 100
West Dania Beach Boulevard,Dania Beach,Florida 33004(954)924-3622 not later
than two business days prior to such proceeding.
Certified Mail 7002 2030 0003 2168 7746
"Browaas First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 wwwci.dania-beach.fl.us
xc: Glenn R. Mee,Esq.,Mee& Simpson,P. A., 517 S.W. First Avenue,Fort
Laudedale,'Fl 33301 Certified'Mail 7002'2030 0003 2168 7753
Also sent regulaf,mail
CITY OF DANIA BEACH
INTEROFFICE MEMORANDUM
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director, Growth Management Department
FROM: William Johnson, Chief Zoning/Code Inspector
RE: Request for Abatement
Case # CEB01-0152
Brian R. Mathiasen
4761 S. W. 26 Terrace
Dania Beach, FI
DATE: 9/09/03
On September 8, 2003, a Request for Abatement was heard by the Code Enforcement
Board on the above referenced property.
I am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history
on this property. The Code Board recommended abatement to $31,800.00.
Please place this on the next City Commission Abatement Meeting Agenda.
Thank you.
WSJ/g
Attachments
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
RE: Request for Abatement
Brian R. Mathiasen
4761 S. W. 26 Terrace
Case # CEB01-0152
DATE: 9/09/03
The Code Enforcement Board originally heard this case on 9110/01 for 2 violations. A
Final Order was issued giving the defendant 30 days to comply or a fine of$100.00 per
day would be levied. The compliance date was 10/25/01 and the defendant did not
comply until 7/22/03. The fine ran from 10/25/01 through 7/22/03, 635 days @ $100.00
= $63,500.00 plus $100.00 recording fee = $63,600.00 owed.
The Code Enforcement Board, after hearing testimony on September 8, 2003, decided
by unanimous vote to recommend abating to $31,800.00.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
is and Bettor, airman
RB/gb
AGENDA REQUEST FORM
CITY OF DANIA
Date: 9/09/03 Agenda Item#:
Title: Request for Abatement—Brian R.Mathlasen
Requested Action:
Consideration of the Abatement Request for Brian R. Mathiasen—4761 S. W. 26 Terrace -
#CEB01-0152
Summary Explanation& Background:
This property was originally cited on 6/28/01 for 2 violations. The defendant was given 14 days to
bring the property into compliance. The property was not brought into compliance and was heard
by the Code Board on 9/10/01. The board issued an order giving the defendant 30 days to
comply or a fine of$100.00 per day would be levied. The compliance date was 10/25/01 and the
property was not brought into compliance until 7/22/03. The fine ran from 10/25/01 through
7/22/03, 635 days @$100.00/day= $63,500.00, plus$100.00 recording fee =$63,600.00 owed.
The fine was confirmed on 4/01/02.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending
abatement to$31,800.00.
(2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 9/10/01 and 4/01/02 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name &Phone)
Recommended for Approval By:
Code Enforcement Board recommends abating to$31,800.00.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INSTR#io190336g
OR BK 33141 Pages 749.753
RECORDED 05/1&M 12.45.og
PREPARED BY: BROWARD COUNTY COMMISSION
TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 1016
Special City Attorney #3
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
RETURN TO:
DAVID E. KELLER
Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
WITNESS my hand and official seal at Dania Beach, Florida, 2 day
Of May, 2002
CITY OF DANIA BEACH r
B
Y•
DAVID E. KELLER
Finance Director
File: CEB 01-0152 FINAL ORDER
•r c .
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # CEB01-0152
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
BRIAN R. MATHIASEN
DEFENDANT
I
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on September 10, 2001, after
notice. Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the defendant and the subject matter of this action;
and
b. Defendant, Brian R. Mathiasen, did allow the following code violations to exist at
jproperty defendant owns located at 4761 S. W. 26 Terrace, Fort Lauderdale, Florida,
which property is legally described as: MARSHALLS EVERGLADE SUB 2-32 D 29-50-
42 LOT 12 N 75 OF S 185 OF E 100 OF W 210 BLK 4 —AKA LOT 4, 6 S 21 BLK 2
(# 0229 03 0060):
FINAL ORDER
GEB01-0152
PAGE 2
1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles. Failure to remove
all inoperative unlicensed vehicles and recreational vehicles from the property.
2. Chapter 28, Zoning, Article 26. Ravenswood-Griffin Road Annexed Areas Zoning
Regulations, Article IX General Provisions; Section 39-183(6); Recreational Vehicles
and Boats. Failure to affix current license plate to recreational vehicle and provide
evidence that the recreational vehicle is operable.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Brian R. Mathiasen:
(a) has been found to be in violation of the above described code sections listed in
paragraphs b.(1) and b.(2). A fine of $100.00 per day will begin running 30 days from
the date this order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from defendant, Brian R.
Mathiasen, for the foregoing violations listed in paragraph b.(1) and b.(2), a fine of
$100.00 per day, to begin running 30 days from the date this order is signed by the
Chairperson of the Board.
The fine shall continue until said violations come into compliance with said
sections of the City Code upon requested inspection. Upon complying, the defendant
shall notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether defendant has complied.
Said fine shall constitute a lien upon the real property in violation and upon any other
real or personal property of the defendant.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward
County, Florida, this day of , 2001.
Return to: David E.Keller,Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
CEB01-0152
PAGE 3
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:� '10& 4
!6:=
Richard Bettor, Chairperson
Sworn and subs ibed before me this _
day of _2001. 04
NOTARY PUBLI STA E OF FLORIDA
Richard Bettor is personally known to me.
O`Ppv o+ _��
RANGES
.3 ,7MMSSIO1dNUM8ER
d CC628490
MY OOMMSSION E>PRES
OF A. MAY 10 2000
i
I
Return to: David E.Keller,Finance Director
100 W. Dania Beach Blvd.
Dania Beach,FL 33004
'FINAL ORDER
CEB01-0152
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Fin Order was mailed to the Defendant,
Brian R. Mathiasen, this day of , 2001.
CERTIFIED MAIL 7001 0360 0000 4112 3055
CODEf ENFORCIUMEkT BOARD CLERK
APPROVED FORM A CORRECTNESS
TIM RYAN, SP IAL CITY ATTO EY
Also sent first class mail
Return to: David E.Keller,Finance Director
100 W.Dania Beach Blvd.
Dania Beach,FL 33004
t
INSTR 9 101903369
OR BK 33141 Pages 754-757
PREPARED BY: RECORDED 0&16ro212:45:09
BROWARD COUNTY COMMISSION
TIMOTHY M. RYAN, ESQ. DEPUTY CLERK 101e
Special City Attorney #4
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
RETURN TO:
DAVID E. KELLER
Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
WITNESS my hand and official seal at Dania Beach, Florida, 2 day
of May. 2002
CITY OF DANIA BEACH
'�. C
By
DAVID E. KELLER ,
Finance Director
i
File: CEB 01-0162 SUPP.ORDER/CLAIM OF LIEN
i
I
• ' 1
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA-
CITY OF DANIA BEACH, a Florida CASE # CEB01-0152
Municipal corporation
PLAINTIFF, FINAL ORDER
vs.
BRIAN R. MATHIASEN
DEFENDANT
1
SUPPLEMENTAL ORDER/ CLAIM OF LIEN
The City of Dania Beach Code Enforcement Board ("Board") 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, having received the
testimony and affidavit of Code Officer Frank Osorio on the City's Motion to
i Confirm Fine held on the I"t day of April, 2002, and based on the evidence, the
Board enters the following findings of fact and order:
1. That the Board did issue on the 25th day of September, 2001, a Final
Order in the above captioned case commanding the defendant, Brian R.
Mathiasen, to bring the violations specified in said Final Order into
SUPPLEMENTAL ORDER
CEB01-0152
compliance on or before the 25th day of October, 2001, or pay a fine in the
amount of$100.00 per day for each day of non compliance thereafter.
2. That said violations occurred on the following described real property
situate, lying and being in Broward County, Florida, to wit: MARSHALLS
EVERGLADE SUB 2-32 D 29-50-42 LOT 12 N 75 OF S 185 OF E 100
OOF W 210 BLK 4 —AKA LOT 4, 6 S 21 BLK 2 (# 0229 03 0060).
3. That the Defendant, Brian R. Mathiasen, did not comply with the Final
Order on or before the date specified therein.
4. It is the order of this Board that the fine specified in said Final Order is
hereby confirmed and ratified and shall accrue at the per diem specified
until such time as the defendant, Brian R. Mathiasen, shall comply with
said Final Order. Upon complying, the defendant shall notify the City's
Code Enforcement Department and an officer will inspect the property
and notify the Code Enforcement Board whether defendant has complied.
5. It is the order of this Board that the fine shall constitute a lien against the
above described real property and it shall be a lien against any other real
or personal property owned by defendant.
DONE AN ORDERED at Dania Beach, Broward County, Florida, this c?6
I Day of , 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
BY: IL4991/-1/
Richard Bettor, Chairman
Sworn to and subscribed before me this day of , 2002
By Richard Bettor, who is personally known to me.
NOIYARY PUBLI STATE OF FLORIDA
GF C NLNO?M-f SEAL
�*av Pue4 CWg1AJ��
Return to: David E.Keller,Finance Director 2
100 West Dania Beach Blvd. �` Q° MY commasomegmso
Dania Beach,F1 33004 oF fro Me+�10
I
SUPPLEMENTAL ORDER
CEBOI-0152
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendant, Brian R. Mathiasen, this_:2(,g_day of
, 2002.
CERTIFIED MAIL#7001 1940 0002 6629 8894
CODEIINFORCE NT BOARD CLERK
APPROV D AS TO FORM AND CORRECTNESS
TIMb—TH—f M. RYAN, TECIAL CITY ATTORNEY
Also sent regular mail
i
Return to: David E.Keller,Finance Director 3
100 West Dania Beach Blvd.
Dania Beach,FI 33004
• •
FLORIDA
June 28, 2001
BRIAN R MATHIASEN Case Number : 0-1139
4511 SW 34 AVE
FT LAUDERDALE, FL 333125509
Location: 4761 SW 26 TERR
Folio: 5042-29-03-0060-
Legal Description:
MARSHALLS EVERGLADE SUB 2-32 D29-50-42LOT 12 N 75 OF S 185
OF E 10OW 210 BLK 4-AKA LOT 4, 6 S 21BLK 2-
Dear BRIAN R MATHIASEN:
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 7/12/01 . 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,
; ,,,.k 6%>�
F ANK OSORIO
CODE INSPECTOR
I certify that an original hereof was furnished to the
above named addressee by:
Certified Mail # 7001 0360 0000 4108 9368 by BETH DAGNON.
"Browaes First City'
100 Wesr Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
VIOLATION Lt'1'AlL VAGE 1
CASE NU►�IBER 00-00001139
PROPERTY ADDRESS 4761 SW 26 TERR
---- ---------------------- ------------------------------------
VIOLATION: CH 14, SEC 14-2 QUANTITY: 1
CH 14 , SEC 14-2 DATE: 6/28/01
ORDINANCE DESCRIPTION
CH 14, SEC 14-2
(a) It shall be unlawful to park, store, have, or permit
parking or storing of any junked and abandoned vehicle of
any kind or parts thereof upon any private property unless
the same is completely enclosed within a building or unless
it is in connection with a business enterprise and licensed
for same.
(b) Junked and abandoned vehicles on private property shall
constitute a nuisance, detrimental to the health, safety,
and welfare of inhabitants of the city in that the city
commission finds that such items create an eyesore, become
a breeding ground for rats and vermin, constitute
an attractive nuisance to children, lead to the
accumulation of additional junk and garbage, and constitute
to the deterioration of both residential and nonresidential
areas .
Junked and abandonded vehicle means wrecked, dismantled,
partially dismantled, or inoperable motor vehicle,
recreational motor vehicle, trailer, boat, or special
purpose vehicle. Such a vehicle is considered inoperable
if it is being stored or parked without having all wheels
mounted, being parked or stored without having all tires
inflated, or if it does not have affixed a current vehicle
license tag.
CORRECTIVE ACTION REQUIRED
The storage or parking of all inoperative vehicles
is creating a public nuisance. All inoperative
unlicensed vehicles must be removed
from the property, including the r.v.
--------------------------------------------------------------
VIOLATION: CH 28, ZONING, ART. 26 . QUANTITY: 1
CH. 28, ZONING, ART.26 DATE: 6/28/01
ORDINANCE DESCRIPTION .
Violation of Chapter 28 ; Zoning, Article 26 . Ravenswood-
Griffin Road Annexed Areas Zoning Regulations, Article IX
General Provisions; Sec . 39-183 (6) ; Recreational Vehicles &
Boats . Currently licensed recreational vehicles and boats
may be parked or stored in the open on sites containing
a permitted residential use, subject to the following
conditions : (6) At no time while parked or stored in a
residential area shall sewer or electrical service
connections be made to the recreational vehicle, or
any occupancy thereof be permitted.
CORRECTIVE ACTION REQUIRED :
Recreational vehicle must be operable and a current
VIULA IUN Lr iAlL rtiV�
CASE NUMBER 00-00001139
PROPERTY ADDRESS 4761 SW 26 TERR
CORRECTIVE ACTION REQUIRED :
tag must be obtained and affixed to the r.v.
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Millwork; no one came forward. Mr. Johnson said notice was obtained by
Certified Mail, regular mail, and by posting the property; the Affidavit of Service
is on file. Mr. Johnson said this is a violation of Chapter 15, Section 15-1,
Occupational Licenses, they do not have a valid occupational license. Mr.
Johnson gave additional testimony about the case. It was on motion of Gary
Luedtke, seconded by Tim McLeod, to adopt the findings of fact of Chief Code
Inspector William S. Johnson, move to find the violation exists as charged, move
the violator be given 15 days to comply or a fine of$100.00 per day be levied.
The motion carried on the following roll call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
21. CEB01-0152 Brian R. Mathiasen
4761 SW 26 Terrace
Ft. Lauderdale, FL
Code Inspector Frank Osorio came forward, having been previously sworn in. Mr.
Osorio said notice was not obtained by Certified Mail, however notice was sent
first class mail and the property was posted; the Affidavit of Service is on file.
This is a violation of Chapter 14, Junked and Abandoned Vehicles and Chapter
28, RV without a current tag affixed to it. Mr. Osorio gave 5 photos to the Board.
Chairman Bettor asked if anyone was in the audience to represent the defendant;
no one came forward. It was on motion of Judy Jensen, seconded by Jimmy
Peterman, to adopt the findings of fact of Code Inspector Frank Osorio, move to
find the violation exists as charged, move the violator be given 30 days to comply
or a fine of$100.00 per day be levied. The motion carried on the following roll
call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
22. CEBO1-0158 Germain Lubin and Astride Lubin
321 SW 14 Street
Dania Beach, FL
Code Inspector William Dubisky came forward,having been previously sworn in.
Mr. Dubisky said notice was not obtained by Certified Mail, however notice was
sent first class mail and the property was posted; the Affidavit of Service is on
file. This is a violation of Chapter 14, Section 14-2, Abandoned Vehicles; Chapter
8, Article II, Section 8-21 (4)(0, Property Standards, fence violation; and Chapter
13, Section 13-23, Public Nuisance, trash and overgrown vegetation on the
property. As of today, the property is still in violation of Chapter 8, there is still a
make-shift fence on the property that has not been removed; Chapter 13, areas of
Dania Beach Code Enforcement Board Minutes 9 September 10,2001
20. Motion to Confirm Fine — CEBOI-0115-Alphonso Thomas & Angie R.
Freelove—800 S.Phippen Road
Code Inspector William Dubisky,having been previously sworn in, came forward
and had the following testimony. Pursuant to the Board's Order, corrective action
was to have been taken on or before 8/10/01. A reinspection of the property on
4/01/02 revealed the corrective action had not been taken in that the fence remains
in violation and trash and a piece of carpet remain on the property. The Affidavit
of Noncompliance is on file. It was on motion of Beulah Lair, seconded by Judy
Jensen to confirm the fine.The motion carried on the following roll call:
Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes
Gary Luedtke—yes Beulah Lair-yes Judith Tulacro—yes
Richard Bettor—yes
21. Motion to Confirm Fine—CEBOI-0112-Julio Rosario-251 SW 8 Street
Code Inspector William Dubisky, having been previously sworn in, came forward
and had the following testimony. Pursuant to the Board's Order, corrective action
was to have been taken on or before 8/10/01. A reinspection of the property on
2/02/02 revealed the corrective action been taken on that date and the property
was complied. It was on motion of Beulah Lair, seconded by Jimmy Peterman, to
confirm the fine.The motion carried on the following roll call:
Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes
Gary Luedtke—yes Beulah Lair-yes Judith Tulacro—yes
Richard Bettor—yes
22. Motion to Confirm Fine — CEB01-0152-Brian R. Mathiasen-4761 SW 26
Terrace
Code Inspector Frank Osorio, having been previously sworn in,came forward and
had the following testimony. Pursuant to the Board's Order, corrective action was
to have been taken on or before 10/25/01. A reinspection of the property on
4/01/02 revealed the corrective action had not been taken in that a vehicle remains
on the property with an expired tag. It was on motion of Beulah Lair, seconded by
Tim McLeod to confirm the fine. The motion carried on the following roll call:
Tim McLeod—yes Judy Jensen—yes Jimmy Peterman—yes
Gary Luedtke—yes Beulah Lair- yes Judith Tulacro—yes
Richard Bettor yes
23. Motion to Confirm Fine—CEB01-0095-Gary W. Forbus-325 NE 2 Avenue
Code Inspector Eric Baker, having been previously sworn in, came forward and
had the following testimony. Pursuant to the Board's Order, corrective action was
April 1,2002
Dania Beach Code Board summary Minutes 13
Law Office ,
HARRY HIPLER
JA!N 2004
Professional Association
215 North Federal Highway z,r;
Post Office Box 216
Dania Beach, Florida 33004-0216
HARRY HIPLER Telephone: 954-925-8228
Member: Telefax: 954-925-8299
Florida, District of Columbia, E-Mail: hhip@aol.com
and Colorado Bars
Certified Divorce Planner
Chartered Financial Consultant ChFC
Chartered Life Underwriter CLU
Re: Abatement Hearing for Brian R. Mathiasen/Gold Hands
Construction Corp., Case Nos. CEB 99-0274 and CEB 01-152
Property Address: 4761 SW 26`h Terrace, Dania Beach, Florida
January 12, 2004
Ms. Glorida Brandes
Code Enforcement Board Clerk
City of Dania Beach, Florida
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Dear Ms. Brandes:
Please find enclosed six(6) booklets holding photos and a cost summery for the repair and
improvement of the above real property that is set for an abatement hearing on January 15, 2004
at 6:00 pm. At the last hearing, it was agreed that Golden Hands Construction would provide the
city commission with photographs and a summary of expenses incurred in bringing the real
property into compliance, improvements, and beautification of the property. Would you be so
kind as to distribute these booklets to the city commissioners for review in anticipation of the
upcoming hearing and retain one for your own file for the January 15, 2004 hearing? Thank you
very much as always for your kind consideration.
Sincerely
0
Harry Hi
Enclosures
CITY OF DANIA BEACH
SPECIAL MEETING
ABATEMENT HEARING
REQUEST FOR ABATEMENT BY BRIAN R. MATHIASEN/
GOLD HANDS CONSTRUCTION CORP.
CASE NOS.: CEB 99-0274 AND CEB 01-0152
Property Address: 4761 SW 261" Terrace, Dania Beach, Florida
January 15, 2004
6:00 PM
Prepared for Gold Hands Construction Corp.
by
Mee & Simpson, A Law Firm
517 SW 1 S`Avenue
Ft. Lauderdale, Florida 33301
Phone: (954) 524-4141
Fax: (954) 524-4169
TABLE OF CONTENTS
Page
Introduction...........................................................................................................l
List of Repairs, Upgrades and Renovations paid for by
Gold Hands Construction Corp. after acquisition of property.............................2
Photographs of Renovations.................................................................................3-12
a. Outside of home showing new fence
surrounding property, new 'stucco new
roofand paint job........................................................................................3-6
b. New electrical upgrade installation.......................................................7
c. New central a/c unit................................................................................8,9
d. Newly installed windows.....................................................................9-11
e. New kitchen counter tops.....................................................................12
INTRODUCTION
The real property that is the subject of this abatement hearing, 4761 SW 26" Terrace,
Dania Beach, Florida, was previously owned by Brian R. Mathiasen. In May 1999 and
June2001,the property was cited by the City's Code Enforcement Board for code violations
stemming from overgrown hedges and abandoned vehicle(s) located on the property. In or
about May 2003, Gold Hands Construction Corp. ("Gold Hands") acquired title to the
subject property by tax deed sale.
After its acquisition, Gold Hands took the steps necessary to bring the property into
compliance with the City's Code standards, and the property has since been properly
maintained. At no time prior to its acquisition, did Gold Hands have any ownership interest
in the property,or responsibility for the 1999/2001 code violations.However,since acquiring
the property, Gold Hands has spent a significant amount of money and effort in bringing the
property into compliance, while at the same time completely renovating the home and
beautifying the property.' As the following photographs show, these improvements and
renovations include the addition of a new roof, fencing, new exterior stucco and paint, new
windows, an upgraded electrical system and a new central air conditioning unit. Gold Hands
also updated the interior of the home with new counter tops,new paint, carpeting and interior
doors.The property is currently occupied,and Gold Hands remains committed to maintaining
the property in accordance with the standards set by the City of Dania Beach.
Gold Hands has spent approximately$34,400 since purchasing the property at a tax deed sale.
I
GOLD HANDS CONSTRUCTION CORP.
RENOVATION AND REPAIRS
Proper Address: 4761 S.W. 26`h Terrace, Dania Beach
Utilities Cost
Air Conditioning $4,200.00
Septic Tank/ Drain Field $2,200.00
Electric Upgrade $3,800.00
Exterior
Fence $3,000.00
Stucco $4,200.00
Roof $4,000.00
Paint, Int/Ext $3,000.00
Windows $1,200.00
Hedge Removal $500.00
Interior
Carpet $800.00
Kitchen Counters $600.00
New Interior doors $500.00
Paint
Misc.
Trash/debris removal-3 dumpsters $4,000.00
Eviction proceeding $500.00
Survey $400.00
Quiet Title action $1,500.00
TOTAL $34,400.00
2
' sy r
1= } FLORIDA
January 5;2004
George S Green '
338 S. W. 15 Street
Dania Beach,Fl 33004
Re: Case#02-3053
Address: 338 S. W. 15 Street
Dear Mr. Green:
Please be advised that you are scheduled on January 15, 2004, at 6:00 p.m., at
Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida,to address
the City Commission on your request for abatement of the above-referenced Code
Enforcement Board lien.
We would like to clearly state that your request for abatement of these liens in no
way represents a guarantee of a part or full waiver by the City Commission. Please be
prepared to make your comments brief and to deal only with your reasons for requesting
the abatement of the lien.
Sincerely,
qGoria Brandes
Code Enforcement Board Clerk
In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled
persons who, because of their disabilities, need special accommodations to
participate in this proceeding should contact Charlene Johnson, City Clerk, at 100
West Dania Beach Boulevard,Dania Beach, Florida 33004 (954)924-3622 not later
than two business days prior to such proceeding.
Certified Mail 7002 2030 0003 2168 7739
Also sent regular mail
"Browar&s First City,"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
3.2 Request by Abraham T. & Cindy Padavathil for abatement of Case #02-2646 for
property located at 42 SW 14 Street. (Growth Management Director)
Due to the absence of the applicant, Laurence Leeds, Growth Management Director,
advised that the applicant was notified of the meeting and inquired with Attorney Ansbro
as to whether or not the Commission was legally allowed to take action without the
applicant being present. City Attorney Ansbro advised that the prior actions of the Code
Enforcement Board would stand should the City Commission not take any action.
The Commission did not take any action.
3.3 Request by George S. Green for abatement of Case #02-3053 for property
located at 338 SW'15 Street. (Growth Management Director)
George Green advised that the vehicle in question had been removed from his property
prior to the September Code Enforcement Board meeting.
Laurence Leeds, Growth Management Director, explained that Mr. Green was cited for a
broken down car at the site and that the Code Enforcement Board recommended
abatement from $2800 to $2400 because the vehicle had been removed. Mr. Leeds
confirmed that Mr. Green is a repeat violator for the offense because other vehicles have
also been tagged at the property in the past.
Mr. Green requested a further reduction in the fine as he thought he had followed the
Code Enforcement Board requirements. He explained that the vehicle in question
belonged to a person renting the apartment next door and it was a racing car on a trailer.
He further explained that the Code Enforcement Officer had advised him that a license
tag was required on both the trailer and the car and the renter then moved the trailer and
the car.
Mayor Chunn was agreeable to making a motion reducing the fine by 50%. The motion
died for lack of second.
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to
uphold the action of the Code Enforcement Board. The motion passed on the following
311 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-no
3.4 Request by staff to waive all City liens assessed against property acquired
through foreclosure actions located on Dixie Highway & Sheridan Street. Folio #1203-
15-0030 with City I.D. #44 (City Clerk)
City Clerk Johnson explained that the property had been acquired through foreclosure
action and has been identified for possible sale as a surplus property. She mentioned
that Attorney Tim Ryan was notified and has no problem with removing the liens to clear
the title for future action.
Commissioner Bertino pointed out that the City entered into a Settlement Agreement
with the Hospital District for the property aka/ Nassau Big Daddy property located at
MINUTES -ABATEMENTS 2 NOVEMBER 21, 2002
SPECIAL MEETING
CITY OF DANIA BEACH
INTEROFFICE MEMORANDUM
TO: Ivan Pato, City Manager
vik Laurence Leeds, AICP, Director, Growth Management Department
FROM: William Johnson, Chief Zoning/Code Inspector
RE: Request for Abatement
George S. Green
Case #02-3053
338 SW 15 Street
Dania Beach, FL
DATE: November 14, 2002
On November 4, 2002, a Request for Abatement was heard by the Code Enforcement
Board on the above referenced property.
am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history
on this property. The Code Board recommended abating the fine to $2,400.00 based on
the testimony the vehicle was moved on September 1.
Please place this on the next City Commission Abatement Meeting Agenda.
Thank you.
0
WSJ/b
Attachments
AGENDA REQUEST FORM
CITY OF DAN IA
Date: 11/14/02 Agenda Item#:
Title: Request for Abatement
Requested Action: Request for Abatement of Code Enforcement lien-George S. Green-
338 SW 15 Street, Dania Beach-#02-3053
Consideration of the Abatement Request for George S. Green
Summary Explanation & Background:
This property was cited on August 9, 2002 for two repeat violations. The owner, George S.
Green,was brought before the Code Board on September 9, 2002. The owner was fined $100.00
per day for the 28 days the property was in violation, August 9, 2002 through September 6, 2002.
The violations were of Chapter 13, Section 13-23, Public Nuisance violation, failure to remove
trash,junk, garbage, and all other materials stored on the property and of Chapter 14, Section 14-
2, Junked and Abandoned Vehicles; Public Nuisance, defendant parked or allowed to be parked
on the subject property inoperative and unlicensed vehicles, failure to remove all inoperative and
unlicensed vehicles from the property. The property was brought into compliance on September
6, 2002. The fine ran from 8/9/02 to 9/6/02, 28 days @$100.00/day = $2,800.00. The Code
Board is recommending abatement to $2,400.00 based on the testimony that the vehicle was
moved on September 1.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending the fine
be abated to $2,400.00 based on the testimony that the vehicle was moved on September 1.
(2) Copy of the Final Order issued by the Code Enforcement Board.
(3) Copy of the repeat order issued.
(4) Copy of minutes from the 9/09/02 and 11/04/02 code board meetings.
Purchasing Approval:
Prepared By:
Beth Dagnon, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Board recommends abating the fine to $2,400.00 based on the
testimony that the vehicle was moved on September 1.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
Request for Abatement—#02-3053
RE: George S. Green
338 SW 15 Street
Dania Beach, FL
DATE: November 14, 2002
The Code Enforcement Board originally heard this case on September 9, 2002 as a
repeat violation. A Final Order was issued fining him $100.00 per day for the period the
property was in violation, August 9, 2002 through September 6, 2002.
The fine ran from 8/9/02 to 9/6/02= 28 days @ $100.00/day = $2,800.00 owed.
The Code Enforcement Board, after hearing testimony on November 4, 2002, decided
by majority vote, to abate the fine to $2,400.00 based on the testimony that the vehicle
was moved on September 1.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
Richard Bettor, Chairman
RB/bd
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 3053
municipal corporation
PLAINTIFF, FINAL ORDER
VS.
GEORGE S. GREEN
DEFENDANT
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on September 9, 2002, after notice.
Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the Defendant and the subject matter of this action;
and
b. Defendant, George S. Green, did allow the following code violations to exist at
property Defendant owns located at 338 S. W. 15 Street, Dania Beach, Florida, which
property is legally described as: NORTH HOLLYWOOD 4-1 B LOT 1 BLK 18 (# 1203
10 1660):
1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash,
junk, garbage and all other materials stored on the property.
FINAL ORDER
##3053
PAGE 2
2. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance.
Defendant parked or allowed to be parked on the subject property inoperative and
unlicensed vehicles. Failure to remove all inoperative and unlicensed vehicles from the
property.
Defendant has previously been found to be in violation of Chapter 13, Section
13-23 and Chapter 14, Section 14-2 by this Board within the past five years.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED: -
1. Defendant, George S. Green;
(a) has been found to have been in violation of the above described code sections
listed in paragraphs b.(1) and b.(2) for the period of August 9, 2002 through September
6, 2002.
The City of Dania Beach shall have and recover from Defendant, George S.
Green, a fine of $100.00 per day for the period of August 9, 2002 through September 6,
2002, for a total fine of$2,800.00.
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 �('� , 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:4-1 , I ,./ 16At—:7
Richard Bettor, Chairperson
Sworn and sub rib d before me this 1 ��
'�?/A'1ay of 2002.
NOT RY PUBLItATATE OF FLORIDA
Richard Bettor is personally known to me.
�r.nv NO C1-11C7'?? 7ARYSEAL
O �!� GLORIA J SRANDES
COMMISSION NUMBER
CC82849
7Ap
e �� MYCOMMISSIONorlEXPIRES
=�0 VAY In 2CM
Return to: Macciano Lewis, Budget/Finance Analyst
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#3053
PAGE 3
CERTIFICATE OF SERVICE
I CERTIFY that a copy oft a foregoing Final Order was mailed to the Defendant,
George S. Green, this day of 2002.
CERTIFIED MAIL 7001 1940 0002 6630 4120
CO E ENFO4CE ' BOARD CLERK
APPROVED A FORM D CORRECTNESS
TIM RYAN, PECIAL CITY ORNEY
Also sent first class mail
Return to: Macciano Lewis, Budget/Finance Analyst
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
e
14 ' s
a FLORIDA
1
George S Green #02-3053
338 S11T 15 St.
Dania, _'L 33004-4247
DATE: 6 2--
PROPERTY ADDRESS: I..,T
You are notified that you are presently in violation of the following Code of
Ordinances, City of Dania Beach, Florida:
A L` Y. Q.�/r� ✓n , (i/l 1 A trn 0 /t � (� Q T�l L/ ►� Sr TD
t!1 !d r Y Qi.I�Q C✓±�1 ��-�l C,�L t
U
The above listed violation(s) is a repeat violation, as defined. in Florida Statute
162.04(5). You must bring the violation(s) into compliance immediately and call
for a reinspection.
Pursuant to Florida Statute 162.06(3), your case may be presented to the Code
Enforcement Board even if the repeat violation has been corrected prior to the
Board hearing the case. You will receive notice of the date and time for your-
hearing before the Code Enforcement Board on the above-listed repeat
violation(s). If you require further information or have any questions about the
above violation, please do not hesitate to contact me.
Code Ins ector
924-
I certify that an original hereof was furnished to the above named addressee by
Certified mail # rMopl 4.4.6
"Browaas First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us
$50.00 per day for each day the violation continues. The motion carried on the
following roll call:
Terrell McCombs —yes Tim McLeod- yes Jimmy Peterman —yes
Gary Luedtke — yes Beulah Lair— yes Richard Bettor— yes
Mr. Dubisky clarified that the fine started on 7/18/02 and runs through and
including until it is complied.
32. #02-3053 George S Green
338 SW 15 St.
Dania Beach, FL
Code Inspector William Dubisky, having previously been sworn in, came forward.
Mr. Dubisky stated 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. Mr. Dubisky said this is a repeat violation of Chapter 13, Section 13-
23, trash and junk and Chapter 14, Section 14-2, abandoned and unlicensed
vehicles. The property first came into violation on 8/09/02 and remained in
violation until 9/06/02 for a total of 28 days. Chairman Bettor asked if anyone
was present representing George S Green; no response was given. It was on
motion of Beulah Lair, seconded by Gary Luedtke, to adopt a finding of fact and
that the violator be given no time and a fine of $100.00 per day for each day the
violation continues. The motion carried on the following roll call:
Terrell McCombs—yes Tim McLeod- yes Jimmy Peterman — no
Gary Luedtke —yes Beulah Lair— yes Richard Bettor— yes
33. Authorization to Foreclose — CEB01-0029 — Ressie L. Eutsey — 409 SW
2 Place.
Chief Code Inspector William S. Johnson having been previously sworn in, came
forward and requested authorization to foreclose case # CEB01-0029 Ressie L.
Eutsey. It was on motion of Gary Luedtke, seconded by Beulah Lair, to authorize
foreclose on case #CEB00-0651. The motion carried on the following roll call:
Terrell McCombs—yes Tim McLeod- yes Jimmy Peterman —yes
Gary Luedtke —yes Beulah Lair— yes Richard Bettor— yes
34. Motion to Dismiss — CEB01-0113 —Juan C Estevez— 255 SW 8 Street
Code Inspector William Dubisky having been previously sworn in, came forward
and requested a motion to dismiss and turned the case over to Board Attorney,
Tim Ryan. Tim Ryan said at the time the final order was entered, the property
was owned by Juan Estevez. This property went into foreclosure and before the
time for us to do supplemental order confirming the fine, it had already gone into
Dania Beach Code Board Minutes 26 September 9,2002
did believe that Mr. Kodner did get the permit today, so 90 days would be fine.
Beulah Lair asked if they had the permit. Jay Kodner, 3017 Lakewood Lane,
Hollywood, came forward and was sworn in. Beulah Lair asked Mr. Kodner even
with the permit is it going to take them 90 days to put up the sign. Mr. Kodner
said it is not a sign. Mr. Johnson came forward and said the 90 days is not really
90 days because it is from September 29. It was on motion of Tim McLeod,
seconded by Gary Luedtke. Gloria Brandes said she did not hear a second
motion. Gloria Brandes reiterated that the motion is to extend 90 days from
9/29/02. The motion carried on the following roll call:
David Nuby — yes Tim McLeod- yes Judy Jensen — yes
Gary Luedtke —yes Beulah Lair— yes Richard Bettor—yes
8. Request for Abatement— Case #3053 — George S. Green - 338 SW 15 St.
Code Inspector William Dubisky came forward and was sworn in. Mr. Dubisky
said this case was originally heard by the board on 9/9/02 for a repeat violation,
the defendant did not comply until 9/06/02. The fine ran from 8/09/02 through
9/06/02, 28 days at $100.00 a day plus a $100.00 recording fee for a total of
$2,900.00 owed. George S. Green, 338 SW 15 Street, was sworn in. Mr. Green
said he is requesting an abatement because he complied the violation before the
compliance date. Chairman Bettor asked Mr. Green if he had any evidence other
than the junked and abandoned vehicles were moved; asking Mr. Green if he
had any receipts to prove that the compliance date was before September 6tn
Mr. Green said the person the car belonged to is here tonight. Mr. Green said
the car belonged to the lady and she had a racecar on a tractor and trailer. Mr.
Green said from what he understood, the inspector had told the person who
owned the car that she had to get a tag for the trailer, that is the person that
owned it. Mr. Green said he asked the person to move the car a long time before
that. Mr. Green said he called the inspector to come out and take a look at it.
Mr. Green said he doesn't have any record of the time but he had to leave town
to attend a wedding in Las Vegas so he said he left on a Wednesday and the car
had been gone a long time before that because within a week or so she had
moved the car. Mr. Green said the vehicle was on a tractor and trailer and all
she had to do was hook it up and move it and it did not have to be towed. Judy
Jensen said this is a repeat violation and he did comply and it occurred again,
correct. Mr. Dubisky said yes, this is a repeat violation when he brought it back
to the board. Mr. Dubisky said he needed Mr. Green to be more specific when
he said he left on a Wednesday after the Friday, if he could tell the board what
date that was, saying the trailer was gone many days before that, if he'd give an
approximate date. Mr. Green said the lady could vouch for that. Mr. Dubisky
said he is going to resubmit the photos which shows on August 22"d the car was
still there. Chairman Bettor said the photographs that Mr. Dubisky submitted to
the board has a date and time on them and this is the evidence of the case and
he has heard the testimony. Mr. Green said he understood what Chairman
Bettor said and that he had spoken to the inspector before. Mr. Green said when
Dania Beach Code Board Minutes 5 November 4,2002
r
the inspector goes around and you call him on the phone and he tells him one
thing and he tells you it is ok and he turns around later and it is a little different
from what you were told. Mr. Green said the code inspector told the girl that all
she needed to do was get a tag for the trailer, the car is not a road car and from
what he understood if the car is not a road car it, needs a tag for the trailer.
Chairman Bettor said he would not be able to leave the car there and store it
under the code that way sitting on a trailer, stating he is not 300% sure of that.
Tim Ryan said to Mr. Dubisky the way the code reads is if you have any motor
vehicle on the property it must have a current tag and that would include a race
car that is on a trailer, both the trailer and the race vehicle would require a tag
and if you can't get a tag for a race vehicle then you can't store it on the property
unless it is within an enclosed building. Gary Luedtke said this is a repeat order.
Chairman Bettor said that is correct. It was on motion of Gary Luedtke,
seconded by Beulah Lair that the abatement be denied based on the fact that we
don't have any proof. Mr. Green said he was talking about a whole different
situation all together. Mr. Green said if it was a second time with this particular
car — no, and anything else that happened occurred about a year or so ago was
about another car. Tim Ryan said the way the statute reads is if you have had a
same violation of the same ordinance within the past 5 years on the same
property with the same owner then that is considered a repeat violation, whether
or not it is the same vehicle, if the first time it was a vehicle, it was improperly
tagged. Mr. Johnson intervened and said the time to make these arguments was
back at the repeat violation which was at the last code board meeting hearing,
stating we are here to hear the abatement and not to reopen the case, stating the
board made the decision back then and we should just focus on the abated
amount. Tim Ryan said Mr. Johnson is correct and you would not focus on the
initial violation because the matter has been decided, so your discussion would
be # 1, whether or not there was a violation based upon the race car and then
secondly, where Mr. Ryan thought Mr. Green was going on his defense was that
Mr. Green showed compliance on September 61h which was right after Labor Day
and perhaps Mr. Green had called before Labor Day and it took several days for
the inspector to get out there and Mr. Green might have been in compliance for
some period of time between August 22"d and September 6th. Mr. Green said
that was actually the way it was, stating he left on the 6th of September, or the 5ch
of September and the person he had to look at the car was there because he had
personally took him around to see and make sure that he had complied with it,
stating it was a week or so before then. Gary'Luedtke asked who might that
person be. Gary Luedtke said there is no evidence to do an abatement as far as
he was concerned. Gary Luedtke said his motion to deny abatement stands. Mr.
Green said he cannot commit to the name, and the only reason he is not telling is
that he did not want any repercussions about it and that person is a member of
the board and he is not here tonight. Tim McLeod asked what date did we hear
this case, and Mr. Green answered September 9th. There was some discussion
on the floor regarding the correct dates. Gary Luedtke said he made a motion,
seconded by Beulah Lair. Chairman Bettor said he had a motion and a second,
asking if there was any further discussions. Mr. Nuby said was there any
Dania Beach Code Board Minutes 6 November 4,2002
possibility that he had this done and might have gotten the dates mixed up. Mr.
Green said he had a letter that stated regardless if he had this fixed or not he had
to show up at the meeting. Mr. Green read the letter stating the regulations for
reinspection. Tim Ryan stated to Mr. Green that he mentioned he had the tenant
present tonight and asked did she know when it was. Tim Ryan said to Mr.
Green that he cannot tell the board an exact date that it was removed and we
know it was there on August 22nd and the code officer saw that it was gone on
September 6th that is where we have gotten so far with the evidence that has
been presented. Chairman Bettor asked Mr. Green to present his tenant
because there is a motion on the table now. Rolitha Davis, 338 SW 15th Street,
came forward and was sworn in. Chairman Bettor asked Rolitha Davis if she
was the main owner of the vehicle in question. Miss Davis said her uncle is the
owner. Chairman Bettor asked Rolitha Davis what were the dates the vehicle
was there from when to when. Miss Davis said the vehicle was there from the
beginning of August and said she moved the vehicle 9/1/02 and before she
moved the vehicle she spoke to the code inspector who knocked on the door and
the inspector told her she had to get a sticker for the trailer. Miss Davis said she
had a problem with her uncle's car before in Hollywood and they told her that if it
is a race car the car itself does not need a tag because it is an off road car but
the trailer hitch does have to have a tag and they did get a sticker for.the trailer,
stating it is not abandoned and it works and is on a trailer hitch and has been
gone. Gary Luedtke said to Miss Davis that anytime you comply you need to call
code enforcement and the Board has always said you need to call the inspector.
Miss Davis said her landlord had told her that the code inspector was going to
come by and that is why she did not call. David Nuby said he felt this was a
misunderstanding and sometimes a person pays for not knowing. David Nuby
said he would make a motion to give them abatement. Gary Luedtke said we
have a motion on the floor and a second. Tim Ryan said there is a debate on the
motion and it has been seconded. Tim Ryan asked Mr. Nuby if he was
suggesting that we amend the motion to abate this fine, which was $2,900 to
some lower amount, and if he did to go ahead and state his amendment. David
Nuby said he amends the motion and made a motion to lower the fine to $500.00
hearing the problem and felt this was a misunderstanding. Gary Luedtke said he
will not amend his motion that way but will reconsider his motion since the
renter's testimony said she did move the vehicle on September 1st, that would
reduce the fine by 5 days which would come to $2,400.00 based on the
testimony of the renter that they moved it on date certain. Chairman Bettor
asked for Tim Ryan's counsel. Tim Ryan said Mr. Nuby has a motion to abate
and it is on the floor and whether or not there is a second to his motion to amend
to reduce the amount on the abatement. Tim Ryan said the motion right now by
Mr. Nuby is to abate to $500.00 and is an amendment to the original motion so
he needs a second on that motion. Tim Ryan said the motion was to abate to
$500.00. Chairman Bettor asked for a second and heard no second. Tim Ryan
said the motion dies for lack of a second. Chairman Bettor said he has a motion,
which Tim Ryan stated; the motion now is to reduce the fine to $2,400.00 based
upon the testimony that the vehicle was moved on September 1st. Gloria
Dania Beach Code Board Minutes 7 November 4,2002
Brandes said the motion was by Gary Luedtke and asked if there was a second
on the motion, Chairman Bettor said Beulah Lair seconded the motion. The
motion carried on the following roll call:
David Nuby — no Tim McLeod- yes Judy Jensen —yes
Gary Luedtke — yes Beulah Lair— yes Richard Bettor— yes
Chairman Bettor stated to Mr. Green that this is only a recommending board and
the final judgment will come from the City Commission.
9. Request for Extension - Case #2318 — James A & Phyllis J Reidy — 837
N.W. 8 Avenue
Code Inspector Eric Baker came forward and was sworn in. Mr. Baker said this
is a request for an extension in case #2318, James A. and Phyllis J. Reidy. This
case was heard by the board on 7/01/02 for a public nuisance violation. The
board issued an order giving the defendants 60 days to comply or a fine of
$50.00 per day would be levied. The compliance date was 9/29/02 and they are
requesting an extension from this date. Gary Luedtke asked Mr. Baker if he has
seen progress. Mr. Baker said yes, stating this case is where the defendants
were having difficulty with their septic tank and this took them some time and
there was also a sod violation, but the sod had not taken and they are going to
need some for time. Beulah Lair asked if there is a health problem. Mr. Baker
answered no, the septic tank is fine that they need time for the sod. Judy Jensen
asked how much time was needed. James Reidy and Phyllis Reidy, 837 N.W. 8
Avenue, came forward and were sworn in. Chairman Bettor asked Mr. & Mrs.
Reidy how much time did they need. Mr. Reidy said basically the septic tank was
replaced about two weeks before the violation date, and have managed to get
the dirt they had been promised and got sod but it was old sod and some has
taken and some had not asking for another 30 days to try to work it out and get
the sod growing. Judy Jensen made the motion to grant an extension for 90
days from September 29th, seconded by Gary Luedtke. The motion carried on
the following roll call:
David Nuby — yes Tim McLeod- yes Judy Jensen — yes
Gary Luedtke —yes Beulah Lair—yes Richard Bettor— yes
10. Request for Reconsideration - Case #1230 — Leo Motel, Inc. — 333 South
Federal Highway
Building Official Ken Koch having been previously sworn in came forward. Mr.
Koch said we have a letter from in house counsel. Tim Ryan explained that this
matter had come up for abatement last month and the Leo Motel at this time had
received a permit for demolition and the demolition had not taken place. Tim
Ryan said the nature of the violation was a sidewalk in disrepair and had been
significantly broken up and as part of the permit for demolition it was anticipated
Dania Beach Code Board Minutes 8 November 4,2002
r '
A motion was made by Commissioner Mikes, seconded by Commissioner McElyea, to
accept the recommendation of the Code Enforcement board to abate the lien to $10,000
subject to the following: (1) The $10,000 must be paid up front within 90 days; (2) A
refund of $5,000 would be considered upon successful reconstruction of the carport
within six months and the carport passing final Code inspection; (3) All improvements to
the property must be completed before selling the property. The motion passed on the
following 4/1 roll call vote:
Commissioner Bertino-no Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
Item 3.4 was heard after Item 3.3 and again after Item 3.11.
3.4 Request by Bessie & Sandra McCutcheon, for abatement of CEB 99-0397 for
property located at 601 NW 3 Terrace.
The City Commission generally agreed that they can take action whether or not the
applicants are present and that they would come back to this item later in the meeting.
After Item 3.11, the applicants were not present and Laurence Leeds, Growth
Management Director, read a letter into the record from Attorney Josh Pinsky, Ryan &
Ryan, P.A., dated May 14. The letter related to a mortgage foreclosure, which removes
the enforcement of the City's lien, and Quiet Title action that could be pursued by the
applicant to pursue a judgment in court to clear the title. However, the current owner
requested to pay an abated lien amount and obtain a Satisfaction of Lien, in lieu of
paying attorney and court costs to pursue court proceedings. Mr. Leeds advised that
Attorney Ryan's office recommended an abatement of $1,500.00 and recording of a
Satisfaction of Lien since the property complies with Code.
Mr. Leeds agreed to have the stonehenge structure in the rear of the property inspected
by Ken Koch, Building Official and to follow up with Attorney Pinsky to see if the
applicant could rebuild or remove the carport before the City Commission addresses the
request. It was noted that the request could be included on a regular meeting agenda.
Item 4 was heard after Item 3.4.
f
3.5 Request by George S. Green, for abatement of CEB00-0553 for property located
at 338 SW 15 Street.
t
George Green came forward to request an abatement of the fines and mentioned that he
had presented a letter to staff. Mr. Green advised that all repairs have been made.
Commissioner Bertino mentioned that the Code Enforcement Board goes through a lot
of work dealing with these lien cases and recommended that the City Commission be
stringent in its actions to uphold the recommendations of the board, unless extenuating
circumstances can be presented.
z
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes,
accepting the recommendation of the Code Enforcement Board to deny the abatement
MINUTES 3 MAY 16, 2002
SPECIAL MEETING
I �
request and enforcing the $16,200.00 lien that is owed. The motion failed on the
following 2/3 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-no
Commissioner McElyea-no Mayor Chunn-no
Commissioner Mikes-yes
Mr. Leeds read a portion of the letter presented by Mr. Green asking that the fines be
reduced to the filing costs of$200 and a maximum of$3,000.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, abating the
lien to $10,000.00. The motion passed on the following 4/1 roll call vote:
Commissioner Bertino-no Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
3.6 Request by Uwenda P. Jones, for abatement of CEB 00-0646 for property
located at 301 NW 4 Avenue.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor Flury, accepting
the Code Board's recommendation to abate the lien to $5,000.00 within 90 days. The
motion passed on the following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
3.7 Request by Samiyeh, Inc., for abatement of CEB 00-0693 for property located at
348 SW 13 Street.
Attorney Michael Schneider, representing Mona Nasser, mentioned that once the
petitioners were aware of the liens they complied with the Code Enforcement violations
and made additional improvements to the property. Mr. Schneider advised that he met
with Chief Cowart, BSO, and learned that the property had been a law enforcement
problem. Attorney Schneider advised that Mrs. Nasser agrees to allowing police
presence at the location and providing an office with a phone and bathroom facilities at
the site for a BSO Substation.
Mona Nasser apologized for the problems that were encountered and stated that she
had no idea of the severity of the problems and that the tenant was not cooperative with
her over a four year period. Mrs. Nasser stated that she does not live in Dania Beach
and that she resides in Coral Springs.
Commissioner Bertino was dissatisfied that Ms. Nasser did not maintain the property for
four years and pointed out the negative impact that has been imposed on the City when
landlords do not take care of their properties.
A motion was made by Commissioner Bertino, seconded by Commissioner Mikes,
accepting the Code Board's recommendation to deny the abatement request. The
motion passed on the following 5/0 roll call vote:
MINUTES 4 MAY 16, 2002
SPECIAL MEETING
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes \
3.8 Request by George S. Green, for abatement of CEB 01-0159 for property located 1
at 338 SW 15 Street.
Mr. Green requested consideration of reducing the lien as outlined the letter presented �
by Mr. Leeds under Item 3.5.
i
r
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to accept
the Code Enforcement Board's recommendation to deny the abatement request. The
motion passed on the following 5/0 roll call vote: ;
i` Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes t`
i
Commissioner Mikes-yes
3.9 Request by Guislain S. Lavoie, for abatement of #116.2 for property located at
236 SW 12 Street.
Mrs. Lavoie requested a reduction to $2,000.
f
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to
accept the Code Enforcement Board's recommendation to abate the lien to $2,000.00
with the understanding that the lien be paid within 60 days. The motion passed on the
following 5/0 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
Commissioner McElyea-yes Mayor Chunn-yes
Commissioner Mikes-yes
3.10 Request by Liberty Real Estate, for abatement of #1962 for property located at
1501 SW 2 Avenue.
City Clerk Johnson advised that Liberty Real Estate had called and requested a
continuance to the next meeting scheduled to be held in mid July.
Commissioner Bertino clarified with Attorney Ansbro that the City Commission does not
have to grant a continuance on the abatement requests.
Commissioner Mikes stated that he would like to hear from Liberty Real Estate before a
decision was made since he had heard that they made several repairs and
improvements to the property.
A motion was made by Commissioner Bertino, seconded by Commissioner McElyea, to
accept the Code Enforcement Board's recommendation to deny the abatement request.
The motion passed on the following 4/1 roll call vote:
Commissioner Bertino-yes Vice-Mayor Flury-yes
MINUTES 5 MAY 16, 2002
SPECIAL MEETING
P
CITY OF DANIA BEACH
INTEROFFICE MEMORANDUM
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director, Growth Management Department
FROM: William Johnson, Chief Zoning/Code Inspector - .
RE: Request for Abatement before City Commission
George S. Green
CEB00-0553
338 SW 15 Street
Dania Beach, FL
DATE: May 13, 2002
On May 6, 2002, a Request for Abatement was heard by the Code Enforcement Board
on the above referenced property.
I am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history
on this property. The Code Board recommended denying the abatement because the
property could have been in compliance before 161 days and because Mr. Green
ignored the violation.
Please place this on the agenda for the City Commission Abatement Meeting on May
16, 2002.
Thank you.
WSJ/b
Attachments
AGENDA REQUEST FORM
CITY OF DANIA
Date: 5/13/02 Agenda Item#:
Title: Request for Abatement
Requested Action: Request for Abatement of Code Enforcement lien—George S. Green-
338 SW 15 Street, Dania Beach—CEB00-0553
Consideration of the Abatement Request for George S. Green
Summary Explanation & Background:
This property was cited on April 3, 2000 for 1 violation. The owner, George S. Green, was given
30 days to bring the property into compliance. The owner did not comply with the violation and
the case was brought before the Code Board on September 11, 2000. The violation was 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, failure to paint
and maintain the building. The Code Board issued an Order giving the owner 30 days to come
into compliance or a fine of$100.00 per day would be imposed. The post board inspection date
was November 2, 2000. George S. Green did not comply and the final order was filed effective
November 2, 2000. The case was brought back for a Hearing to Confirm Fine on March 5, 2001.
The property was brought into compliance on April 12, 2001. The fine ran from 11/2/00 to
4/12/01, 161 days @ $100.00/day = $16,100.00 plus $100.00 recording fees= $16,200.00 owed.
The Code Board is recommending denying the abatement because the property could have been
in compliance before 161 days and because Mr. Green ignored the violation.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending
denying the abatement because the property could have been in compliance before 161 days
and because Mr. Green ignored the violation.
(2) Copy of the Final Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 9/11/00 and 516/02 code board meetings.
Purchasing Approval:
Prepared By:
Beth Dagnon, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Board recommends denying the abatement because the property could
have been in compliance before 161 days and because Mr. Green ignored the violation.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
Request for Abatement — CEB00-0553
RE: George S. Green
338 SW 15 Street
Dania Beach, FL
DATE: May 13, 2002
The Code Enforcement Board originally heard this case on September 11, 2000. A Final
Order was issued giving him 30 days to comply or a fine of $100.00 per day would be
imposed (a compliance date given of November 2, 2000). The property was not brought
into compliance by November 2, 2000 and the fine was confirmed on March 5, 2001.
The property came into compliance on April 12, 2001.
The fine ran from 11/2/00 to 4/12/01= 161 days @ $100.00/ day = $16,100.00 plus
$100.00 recording fees = $16,200.00 owed.
The Code Enforcement Board, after hearing testimony on May 6, 2002, decided by
majority vote, to deny the abatement because the property could have been
incompliance before 161 days and that Mr. Green was ignoring the violation.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
Richard Bettor, dhairperson
RB/bd
CITY OF DANIA BEACH
INTEROFFICE MEMORANDUM
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director, Growth Management Department
FROM: William Johnson, Chief Zoning/Code Inspector 441,4 �.
RE: Request for Abatement before City Commission
George S. Green
CEB01-0159
338 SW 15 Street
Dania Beach, FL
DATE: May 13, 2002
On May 6, 2002, a Request for Abatement was heard by the Code Enforcement Board
on the above referenced property.
I am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history
on this property. The Code Board recommended denying the request for abatement
because Mr. Green ignored what he was supposed to do until he was cornered into it.
Please place this on the agenda for the City Commission Abatement Meeting on May
16, 2002.
Thank you.
WSJ/b
Attachments
AGENDA REQUEST FORM
CITY OF DANIA
Date: 5/13/02 Agenda Item#:
Title: Request for Abatement
Requested Action: Request for Abatement of Code Enforcement lien —George S. Green-
338 SW 15 Street, Dania Beach—CEB01-0159
Consideration of the Abatement Request for George S. Green
Summary Explanation & Background:
This property was cited on June 28, 2001 for 3 violations. The owner, George S. Green, was
given 14 days to bring the property into compliance. The owner did not comply with the violations
and the case was brought before the Code Board on September 10, 2001. The violations were of
Chapter 14, Section 14-2, Junked and Abandoned Vehicles, Public Nuisance, failure to remove
all inoperative and unlicensed vehicles from the property; Chapter 8, Article II, Property
Standards, Section 8-21(a)(2)(g), Requirements for Ventilation, failure to replace or repair and
maintain all damaged windows and doors, including screens and hardware; and Chapter 13,
Section 13-23; Public Nuisance, failure to remove trash,junk, loose garbage, and all other
materials stored on the property and to mow/trim/cut and maintain trees, hedges, weeds, and
grass, to include the area adjacent to the alley (public right-of-way). The Code Board issued an
Order giving the owner 30 days to come into compliance or a fine of$100.00 per day would be
imposed. The post board inspection date was October 25, 2001. George S. Green did not comply
and the final order was filed effective October 25, 2001. The case was brought back for a Hearing
to Confirm Fine on February 4, 2002. The property was brought into compliance on April 16,
2002. The fine ran from 10/25/01 to 4/16/02, 173 days @ $100.00/day = $17,300.00 plus $100.00
recording fees = $17,400.00 owed. The Code Board is recommending denying the request for
abatement because Mr. Green ignored what he was supposed to do until he was cornered into it.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending
denying the request for abatement because Mr. Green ignored what he was supposed to do until
he was cornered into it.
(2) Copy of the Final Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 9/10/01 and 5/6/02 code board meetings.
Purchasing Approval:
Prepared By:
Beth Dagnon, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Board recommends denying the request for abatement because Mr.
Green ignored what he was supposed to do until he was cornered into it.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
Request for Abatement— CEB01-0159
RE: George S. Green
338 SW 15 Street
Dania Beach, FL
DATE: May 13, 2002
The Code Enforcement Board originally heard this case on September 10, 2001. A Final
Order was issued giving him 30 days to comply or a fine of $100.00 per day would be
imposed (a compliance date given of October 25, 2001). The property was not brought
into compliance by October 25, 2001 and the fine was confirmed on February 4, 2002.
The property came into compliance on April 16, 2002.
The fine ran from 10/25/01 to 4/16/02= 173 days @ $100.00/ day = $17,300.00 plus
$100.00 recording fees = $17,400.00 owed.
The Code Enforcement Board, after hearing testimony on May 6, 2002, decided by
majority vote, to deny the request for abatement because Mr. Green ignored what he
was supposed to do until he was cornered into it.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
Richard Bettor, Chairperson
RB/bd
_ M;f
s
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
RE: Request for Abatement
Case # 02-3820
Angelos Varmaxidis
800 N. W. 8 Street
1/06/04
The Code Enforcement Board originally heard this case on 3/03/03 for 5 violations. A
Final Order was issued giving the defendant 30 days to comply or a fine of $100.00 per
day would be levied. The compliance date was 4/26/03 and Mr. Varmaxidis did not
come into compliance until 9/10/03. The fine ran from 4/26/03 through 9/10/03, 137
days @ $100.00/day = $13,700.00 plus $100.00 recording fee = $13,800.00 owed.
The Code Enforcement Board, after hearing testimony on 12/01/03, decided by majority
vote to recommend abating to $ 00 because the defendant was confused on what
he should do. ik 1-1� vn.lV
1 ('4
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
V,�OJ/V,////,4 E��!7�
c and ettor, airman
RB/gb
AGENDA REQUEST FORM
CITY OF DANIA
Date: 1/05/04 Agenda Item#:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for Angelos Varmaxidis, #02-3820—800 N. W. 8 Street
Summary Explanation & Background:
Angelos Varmaxidis was cited 12/12/02 for five violations and given 30 days to comply. Mr.
Varmaxidis did not comply and the case was heard before the Code Board on 3/03/03. The board
issued an order giving the defendant 30 days to comply or a fine of$100.00 per day would be
levied. The compliance date was 4126/03 and the defendant did not comply until 9/10/03. The fine
ran from 4/26/03, 137 days @ $100.00/day= $13,700.00 plus $100.00 recording fee, $13,800.00
owed.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending
abatement to $5,000.00 .
(2) Copy of the Final Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Board recommends abating to $5,000.00 because defendant seemed
confused as to what he needed to do.
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 # 3820
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
ANGELOS VARMAXIDIS
DEFENDANT
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on March 3, 2003, after notice.
Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the Defendant and the subject matter of this action;
and
b. Defendant, Angelos Varmaxidis, did allow the following code violations to exist at
property Defendant owns located at 800 N. W. 8 Street, Dania Beach, Florida, which
property is zoned RD-6000 Residential District, and is legally described as:
ANDERSONS SUB-SUB OF TR A44-46 B LOT 1 BLK 3 (# 0234 34 0010):
1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance.
The storage or parking of all inoperative and unlicensed vehicles, trailers and vessels is
creating a public nuisance. Failure to remove all inoperative and unlicensed vehicles,
trailers and vessels from the property.
FINAL ORDER
#3820
PAGE 2
2. Chapter 28, Zoning, Section 4.20; Zoning Use Regulations. Outside storage of
vehicles, equipment, tires, auto parts and outside tire and auto repairs are not permitted
uses in an RD-6000 residential district. Failure to cease such operations and remove
vehicles, equipment, tires, and auto parts.
3. Florida Building Code 104, Permits Required. Defendant did install or allowed to
be installed a car awning/canopy without a permit. Failure to obtain a permit or remove
all work.
4. Chapter 28, Zoning, Section 4.20, Zoning Use Regulations. The sale, display for
sale, or storage of vehicles is not a permitted use in a RS 6000 (residential) zoned
district. Failure to cease such operations.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Angelos Varmaxidis:
(a) has been found to be in violation of the above described code sections listed in
paragraphs b.(1) through b.(4). A fine of $100.00 per day will begin running 30 days
from the date this order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from Defendant, Angelos
Varmaxidis, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of
$100.00 per day, to begin running 30 days from the date this order is signed by the
Chairperson of the Board.
The fine shall continue until said violations come into compliance with said
sections of the City Code upon requested inspection. Upon complying, the Defendant
must notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether Defendant has complied. If
the Defendant does not notify the City's Code Enforcement Department, an officer will
not inspect the property and the fines will continue to be imposed each day until a code
officer is notified, inspects the property and determines the property to be in compliance
with this order. Said fines shall constitute a lien upon the real property and personal
property of the Defendant.
Return to: Macciano Lewis, Budget/Finance Analyst
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#3820
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 ;;-7 day of y"iLCdc , 2003.
DANIA BEACH CODE ENFORC MENT BOARD
By: L-Al Ce2e/
Richard Bettor, Cha rperson
Notary Seal:
Sworn and subscribed b fore me this
��day of�'jdU 2003. '
NOTA Y PUBLIC TATE OF FLORIDA
Richard Bettor is personally known to me.
Gloria j Brander
My Commission DD187280
a` ExPires MaY 10,2007
Return to: Macciano Lewis, Budget/Finance Analyst
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#3820
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Angelos Varmaxidis, this �Ll day of )xV_CCA:= , 2003.
CERTIFIED MAIL 7002 0860 0005 3713 9366
CODE NFORCE T OARD CLERK
APPROVEDIPE-CIALCITY
TO FORM AND CORRECTNESS
TIM RYAN, I RNEY
7
Also sent first class mail
Return to: Macciano Lewis, Budget/Finance Analyst
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
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D. Is delivery address different from item 1? ❑
1. Article Addressed to: If YES,enter delivery address below: ❑
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7002 0860 0005 3713 9366
PS Form 3811,August 2001 Domestic Return Receipt O�T 1025
:` • •
FLORIDA
December 12, 2002 U G
ANGELOS VARMAXIDIS Case Number: 02-00003820
800 NW 8TH ST
DANIA BEACH, FL 330042324
Location: 800 NW 8 ST
Folio: 504234340010
Legal Description:
ANDERSONS SUB-SUB OF TR A 44-46 B LOT 1 BLK 3 ANDERSONS
SUB-SUB OF TR A 44-46 B
Dear ANGELOS VARMAXIDIS :
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 January 11, 2003 . Failure to comply will
result in proceedings against you by the Code Enforcement
Board, as provided by law. If you require further
information or have any questions about the attached
violation (s) , please do not hesitate to contact me.
Sincerely,
KENNETH KOCH
BUI DING OFFICIAL
/Va 4
ERIC BAKER
CODE INSPECTOR
I certify that an original hereof was furnished to the
above named addressee by:
Certified Mail # 7002 0860 0000 5817 9612 by RITA DONNELLY.
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 wwwci.dania-beach.fl.us
CASE NUMBER 02-0000382.0
PROPERTY ADDRESS 800 NW 8 ST
--------------------------------------------------------------
VIOLATION: CH 8, SEC 8-21 (5) A 3 QUANTITY: 1
DESCRIPTION: CH 8, SEC 8-21 (5) A 3 DATE: 12/12/02
LOCATION:
NARRATIVE
Parking areas at swale must be repaired and maintained.
ORDINANCE DESCRIPTION :
Violation of Chapter 8; Sec. 8-21 (5) a 3 ; Minimum Standards
for dwellings, hotels, and rooming houses. Maintenance and
appearance standards . All off street parking spaces shall be
paved with asphalt or constructed of concrete and shall be
of smooth surface and in good repair.
--------------------------------------------------------------
VIOLATION: CH. 14, SECTION 14-2 QUANTITY: 1
DESCRIPTION: CH. 14, SECTION 14-2 DATE: 12/12/02
LOCATION:
NARRATIVE :
All inoperative and unlicensed vehicles, trailers and
vessels must be removed from property.
ORDINANCE DESCRIPTION :
Violation of Chapter 14, Section 14-2; Junked and Abandoned
Vehicles; Public Nuisance. The storage or parking of all
inoperative vehicles, trailers, and vessels is creating a
public nuisance.
--------------------------------------------------------------
VIOLATION: CH 28,SEC.4 .20 ZON OUT ST QUANTITY: 1
DESCRIPTION: CH. 28, SEC. 4 .20 ZONING USE DATE: 12/12/02
LOCATION:
NARRATIVE :
All such operations must cease immediately and vehicles,
equipment, tires, auto parts must be removed.
ORDINANCE DESCRIPTION :
Violation of Chapter 28, Zoning, Section 4 . 20; Zoning Use
Regulations . Outside storage of vehicles, equipment, tires,
auto parts, and outside tire and auto repairs are not
permitted uses in an RD-6000 residential district .
--------------------------------------------------------------
VIOLATION: FBC 104 PERMITS REQ. QUANTITY: 1
DESCRIPTION: FBC 104 PERMITS REQ. (CAN/AWN) DATE: 12/12/02
LOCATION:
NARRATIVE
Installation of canopy done without permit .
Remedy: Obtain permits and all inspections within 30 days
or remove all work.
ORDINANCE DESCRIPTION : CONTINUED
CASE NUMBER 02-0000382,0
PROPERTY ADDRESS 800 NW 8 ST
ORDINANCE DESCRIPTION :
Violation of Florida Building Code 104, Permits Required.
Problem Description: Installation of car awning/canopy done
without permit .
--------------------------------------------------
VIOLATION: CH 28, SEC.4 .20, ZON. USE QUANTITY: 1
DESCRIPTION: CH 28, SEC.4 .20, ZONING USE DATE: 12/12/02
LOCATION:
NARRATIVE
All such operations must cease immediately and vehicles must
be removed.
ORDINANCE DESCRIPTION
Violation of Chapter 28, Zoning, Section 4 .20, Zoning Use
Regulations . The sale, display for sale, or storage of
vehicles is not a permitted use in a RS 6000 (Residential)
Zoned District .
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January 6, 2004 '^ /S
do
Angelos Varmaxidis
800 N. W. 8 Street
Dania Beach,Fl 33004
Re: Case#02-3820
Address: 800 N. W. Street
Dear Mr. Varmaxidis:
Please be advised that you are scheduled on January 15, 2004, at 6:00 p.m., at
Dania Beach City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida, to address
the City Commission on your request for abatement of the above-referenced Code
Enforcement Board lien.
We would like to clearly state that your request for abatement of these liens in no
way represents a guarantee of a part or full waiver by the City Commission. Please be
prepared to make your comments brief and to deal only with your reasons for requesting
the abatement of the lien.
Sincerely,
loria Brandes
Code Enforcement Board Clerk
In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled
persons who, because of their disabilities, need special accommodations to
participate in this proceeding should contact Charlene Johnson, City Clerk, at 100
West Dania Beach Boulevard,Dania Beach,Florida 33004 (954)924-3622 not later
than two business days prior to such proceeding.
Certified Mail 7002 2030 0003 2168 7760
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
IF
LAW OFFICES
TAN & RYAN, LLC
THIRD FLOOR
700 EAST DANIA BEACH BOULEVARD
DANIA BEACH,FLORIDA 33004-3090
ARCHIE J.RYAN III
TIMOTHY M.RYAN TELEPHONE(954)920-2921
CHRISTOPHER J.RYAN' FACSIMILE(954)921-1247
JOSHUA S.PINSKY
`Board Certified City,
County and Local
Government Lawyer
January 8, 2004
VIA FAX (954) 920"1017--
Jovan and Radinka Solic
. 14 01 S. E. 2"d Avenue
Dania Beach, Florida 33004
Re: City of Dania Beach v. Jovan and Radinka Solic
Code Enforcement Board Case No. CEB 00-0420
Our File No. 18847-D
Dear Mr. and Mrs. Solic:
This letter will confirm our telephone conversation today
wherein you requested documentation regarding the code enforcement
violation against your property at 1401 S . E. 2nd Avenue in Dania
Beach.
Enclosed is a copy of the recorded Order of the Code
Enforcement Board for the violation on junked and abandoned
vehicles dated February 28, 2000, and the Supplemental Order/Claim
of Lien confirming the fine dated June 16, 2000 .
You asked for documentation concerning the City Commission' s
abatement hearing on your case dated July 8, 2003 . This
information is in the minutes of the City Commission meeting and
hearing on your violation which is available from the City Clerk.
If you want any information regarding your code enforcement
case before the Code Board, you must make your request to the Code
Board Clerk, Gloria Brandes, at the Dania
Jovan and Radinka Solic
Page Two
January 8, 2004
Beach Administrative Center4TIMOT
Dania Beach Boulevard, Dania
Beach.
my y u s,M. YAN
TMR:pb I
cc: Ivan Pato, City Manager
Charlene Johnson, City Clerk
Gloria Brandes, Code Enforcement Board Clerk
LAW OFFICES
RYAN & RYAN, LL.0
THIRO FLOOR •
700 EAST DANIA BEACH BOULEVARD
DANIA BEACH,FLORIDA 33004-3090
ARCH IE J.HYAN II[
TIMOTHY M,RYAN TELEPHONE(954)920-2921
CHRISTOPHER J.RYAN- FACSIMILC(954)921-1247
JOSHUA S.PINSKY
'Board Certified Crty
County and Local January 6, 2003
Government Lawyer
A
a
Jovan and Radinka Solic
1401 S. E. 2r" Avenue
Dania Beach, Florida 33004
RE : City of. Dania Beach v. Jovan ar.d Rad,i.nka Solis
Code Enforcement Board Case Pqo. CE.B 00--0420
Our File No. 1884T-D
Dear Mr. and Ms . colic:
The undersigned attorney serves as Spec.:-al Counsel for the
City of Dania Beach and is the attorney representing the Dania
Leach Code Enforcement Boaxd,
A Final Ordryr and Claim of Lien wore entered against you for
a violation of Section 14-2, Junked and Abandoned Vehicles Dania
Beach City Code . The fine and lien were abated from $21, 750 to
$10, 000 by the Dania Beach City Corrmi.ssion on July 8 , 2003 . At i_he
abatement hearing the City Commission ordered the abated amount be
paa.d within 90 days . You have not paid the abated amount to date .
You requested a rehearing before the City Commission on the
abatement . The City Commission has agreed to allow you a hearing
to decide whether to extend the period of time for you to pay the
$10, 000 abated fine . The City Commission has not agreed to rehear
the violation and will not be considering any reduction of the
abated amount below $10, 000 .
The hearing before the City Commission is scheduled for
Thursday, January 15, 2004 at 6 : 00 p.m. at the Dania Beach
Administrative Center, 1.00 West Dania Heach Boulevard, Dania Beach.
It is important that you attend and are prepared to explain to the
City Commission why you should be granted an extension of the Lime—
for payment of the $10, 000 abated amount, which expired on October
9, 2003 .
M 'd LV�f 26 b96 'ON XU Ad 00:00 INi VOE-90-W
Jovan and Radinka SQjjc January 6, 2003
Page Two
If there are any questions regarding this matter, please
contact my office ,
'ry ruly you ,
IT 1:MO M M. RYAN
TMR/les
Enclosure
cc: Ivan Pato, City Manager.
Charlene Johnson, City C].exk
William Johnson, Chief Code
Enforcement Officer
CO 'd LbZl 26 b56 'ON Xdd Wd 00:90 3ni POH-90-NCI'
7 FLORIDA
December 9, 2003
Dear.lovan & Radinka Solic,
Please see the following attached information in regards to monies due to the City of
Dania Beach in the amount of$10,000.00. This amount is now past due by 30 days and
per you: abatement hearing a,,reement this amount will revert back tc S21,750.00 if not
paid within 10 days of your receipt of this letter. You ,nust call me as soon as possible to
verify your intentions to pay this outstanding amount or I will assume that your intention
is to default on this agreement.
If you have any other questions or concerns please give me a call.
Tha vou,
Linda Mason
A'R & Lien Request Dept.
954-924-3662
.1
"Broward's First City"
'` 100 Wesr Dania Beach Boulevard Dania Beach, Florida 33004 P11one: (954) 924-3600 www.ci.dania-beach.El.us
3.3 Request by Castella Williams, for abatement of CEB 01-0091 for property
located at 723 SW 6th Street.
Castella Williams presented further information relating to the purchase of the property
and improvements that have been made to the property.
Commissioner Chunn recommended abating the lien to $1,200.00 based on Ms.
William's efforts to upgrade the property and her statements that she was not aware of
the notices.
A motion was made by Commissioner Flury, seconded by Commissioner Mikes, to abate
the lien to $1,500.00 to be paid within 90 days. The motion passed on the following 4/1
roll call vote:
Commissioner Chunn-no Commissioner Flury-yes
Commissioner Mikes-yes Vice-Mayor McElyea-yes
Mayor Anton-yes
3A Request by Jovan and Radinka Solic, for abatement of CEB 00-0420 for
property located at 1401 SE 2"d Avenue.
A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea, to
accept the Code Enforcement Board's recommendation to abate the lien to $10,000.00
to be paid within 90 days. The motion passed on the following 4/0 roll call vote with
Commissioner Chunn out of the room.
Commissioner Flury-yes Vice-Mayor McElyea-yes
Commissioner Mikes-yes Mayor Anton-yes
3.5 Request by Robert D. Derector & Co., for abatement of CEB 98-0201 for
property located at 775 Taylor Lane.
Attorney Hipler was present to explain that Robert Derector, owner of the marina, had
sense passed away and that improvements have been made to the property under new
management.
A motion by Commissioner Mikes, seconded by Mayor Anton, after passing the gavel, to
abate the line to $20,000 failed on a 2/3 roll call vote.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
abate the lien to $15,000.00 to be paid within 60 days. The motion passed on the
following 3/2 roll call vote:
Commissioner Chunn-yes Commissioner Flury-yes
Commissioner Mikes-no Vice-Mayor McElyea-yes
Mayor Anton-no
MINUTES-ABATEMENTS 2 JULY 8, 2003
SPECIAL MEETING
CITY OF DANIA BEACH
INTEROFFICE MEMORANDUM
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director, Growth Management Department
FROM: William Johnson, Chief Zoning/Code Inspector .
RE: Request for Abatement
Case # CEB00-0420
Jovan and Radinka Solic
1401 S. E. 2 Avenue
Dania Beach, FI
DATE: June 19, 2003
On June 2, 2003, a Request for Abatement was heard by the Code Enforcement Board
on the above referenced property.
I am attaching a memo from Richard Bettor, Chairman of the Code Board, giving history
on this property. The Code Board recommended abating the fine to $10,000.00.
Please place this on the next City Commission Abatement Meeting Agenda.
Thank you.
WSJ/g
Attachments
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
RE: Request for Abatement
Case # CEB00-0420
Jovan and Radinka Solic
DATE: June 19, 2003
The Code Enforcement Board originally heard this case on 2/07/00 for 1 violation. A
Final Order was issued giving the defendant 25 days to comply or a fine of$50.00 per
day would be levied. The compliance date was 3/24/00 and the defendant did not
comply until 5/31/01. The fine was confirmed on 6/05/00.
The Code Enforcement Board, after hearing testimony on 6/02/03, decided by
unanimous vote to recommend abating the fine to $10,000.00 because it was not a life
threatening violation.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
Richard Bettor, Chairman
RB/gb
AGENDA REQUEST FORM
CITY OF DANIA
Date: 6/19/03 Agenda Item#:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for CEB00-0420-Jovan and Radinka Solic-1401 SE 2
Avenue.
Summary Explanation & Background:
This property was originally cited on 9/28199 for Ch. 14, 14-2; Junked and Abandoned Vehicles;
Public Nuisance, and given 14 days to comply. The defendants did not comply and this was
heard by the Code Board on 2107/2000. The Board issued a Final Order giving the defendants 25
days to comply or a fine of$50.00 per day would be levied. The compliance date was 3/24/00
and the defendants did not comply until 5/31/01. The fine ran from 3/24/00 through 5/31/01, 433
days @ $50.00/day = $21,650.00 plus$100.00 recording, $21,750.00 owed. The Code Board,
after hearing testimony on 6/02/03, agreed to recommend abating the lien to$10,000 because it
was not a life threatening violation.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abating
the lien to $10,000.00.
(2) Copy of the Final Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 2/07/00, and 6/02/03 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Board recommends abating the lien to $10,000.00 because it was not a
life threatening violation.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
------' .....m n MR 1 Iasi
TIMOTHY M. RYAN, ESQ.
Special City Attorney INSTR 100220237
City of Dania Beach OR BK 30430 PG 1304
700 East Dania Beach Boulevard RECORDED 04/18/2M 81..38 pM
Dania Beach, Florida 33004 CNI55IEW
BRURD C tWy
RETURN TO: W411Y ULM 28N
MARIE JABALEE
Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
W,TNESS my hand and official seal at Dania Beach, Florida, this `fit day
of G�c �� , 2000.
CITY OF DANIA BEACH
By:
MARIE JA EE
Finance Director
File: CEB (/1 Z 0
OR BK 30430 PG 1305
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # CEB00-0420
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
JOVAN AND RADINKA SOLIC
DEFENDANTS
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on February 7, 2000, after notice.
Upon evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the defendants and the subject matter of this action;
and
b. Defendants, Jovan and Radinka Solic, did allow the following code violation to
exist at property defendants own located at 1401 SE 2 Avenue, Dania Beach, Florida,
which property is legally described as: ST JAMES PARK NORTH 3-33 B LOT 28 BLK 2
'/2 INT IN SOUTH APT ( # 1203-07-0400):
FINAL ORDER OR BK 30430 PG 1306
CEB00-0420
PAGE 2
1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles. Failure to remove
all inoperative and unlicensed vehicles from the property.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendants, Jovan and Radinka Solic :
(a) have been found to be in violation of the above described code section listed in
paragraph b.(1). A fine of $50.00 per day will be imposed 25 days from the date this
order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from defendants, Jovan and
Radinka Solic, for the foregoing violation listed in paragraph b.(1), a fine of $50.00 per
day, to be imposed 25 days from the date this order is signed by the Chairperson of
the Board.
The fine shall continue until said violation comes into compliance with said
section of the City Code upon requested inspection. Upon complying, the defendants
shall notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether defendants have complied.
Said fine shall constitute a lien upon the real property and personal property of the
defendants.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward
County, Florida, this 7th day of February, 2000.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By:
Beulah Lair, Vice Chairperson
Date signed:
Swo n and sub cribed before me this
day of 2000.
NOTAR P- UBLIC48TATE OF FLORIDA
Beulah Lair is personally known to me. OFAMAL,�,AMYs
Return to: Marie Jabalee, Finance Director O'haY pGet, GIIS�UIJBiiIW3
100 W. Dania Beach Blvd. < CO°�MMSIM �
Dania Beach, FL 33004 71W,P MYCOMM1SSgNOFnRES
OF F%- MAY 10.2003
FINAL ORDER OR BK 30430 PG 1307
CEB00-0420
PAGE 3
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mail d to the
Defendants, Jovan and Radinka Solic, this ��8 day of , 2000.
CERTIFIED MAIL Z 243 148 924
CODE NFORC ENT BOARD CLERK
APPROVED A O FORM CORRECTNESS
TIM RYAN, SPEPIAL CITY ATTO NEY
Return to: Marie Jabalee, Finance Director
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
i
FLORIDA
09/28/99
JOVAN AND RADINKA SOLIC
1401 SE 2 AVENUE
DANIA, FL 33004
RE : FILE 99-2091
LOCATION: 1401 SE 2 AV
FOLIO 1203 -07-0400/
7EGAL DESCRIPTION BEING:
ST JAMES PARK NORTH 3-33 B LOT 28 BLK 2 1/2 INT IN SOUTH APT
Dear JOVAN AND RADINKA SOLIC :
You are notified that you are presently in violation of the following Node
of Ordinances, City of Dania, Florida .
VIOLATION OF CHAPTER 14 , SEC. 14-2 ; JUNKED AND ABANDONED VEHICLES ;
PUBLIC NUISANCE. THE STORAGE OR PARKING OF ALL INOPERATIVE VEHICLES IS
CREATING A PUBLIC NUISANCE . ALL INOPERATIVE AND UNLICENSED VEHICLES
MUST BE REMOVED FROM THE PROPERTY.
You are required to correct the violation and call for a re-inspection by
10/12/99 . Failure to comply will result in proceedings against you by
the Code Enforcement Board, as provided by law. If you require further
information or have any questions about the above violation, please do not
�:esitate to contact me .
WILLIAM DUBISKY
CODE INSPECTOR
I certify that an original hereof was furnished to the above named
addressee by : X Certified Mail Z 352 736 378 Gloria Brandes .
"Broward's First City"
100 Wes Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) ` 21-3700 .vww.ci.dania-beach.tl.us
were presented and entered into evidence. Ms. Lair asked if there was
any one present representing Robert Remesar.There was no one. Mr.
Sargent asked Mr. Dubisky if he spoke to Mr. Remesar. Mr. Dubisky said
every time he has been there no one answered the door. He said he
believes this might be a rental property. There is a for-sale sign on the
property and it has been there for five or six months. Mr. Dubisky said
there are always cars there. It was on motion of Pat Flury, to adopt the
findings of fact of Code Inspector William Dubisky, move to find the
violation exists as charged and that the violator be given 20 days to
comply, thereafter a fine of$50.00 per day shall be levied. The motion
was seconded by Jimmy Peterman and carried on the following roll call:
William Sargent—yes Judy Jensen —yes Beulah Lair—yes
Pat Flury —yes Jimmy Peterman —yes
17. CEB00-0418 KATJA FORT
713 SW 3 PLACE
DANIA, FL 33004
Inspector Dubisky, having been previously sworn, stated the violations are
located at 713 SW 3 Place. There is a violation of Chapter 13, Section 13-
23; Public Nuisance and a violation of Chapter 14, Section 14-2; Junked
and Abandoned Vehicles. As of today, both violations remain. There is still
junk and debris on the property and there are still vehicles on the property.
Service was not obtained by certified mail. The weeds and grass also still
need to be cut. The property was posted and the Affidavit of Service is on
file. Two photographs were presented. Mr. Dubisky said the weeds and
grass are on the rear of the property. Ms. Lair asked if there was any one
representing Katja Fort and there was no one. Two photographs were
entered into the record. It was on motion of Jimmy Peterman, to adopt the
findings of fact by Code Inspector William Dubisky, move to find the
violations exist as charged and that the violator be given 15 days to
comply thereafter a fine of$5 a00 per day shall be levid. The d carted on the fol oweng roll call:motion was
seconded by William Sargent
William Sargent—yes Judy Jensen —yes Beulah Lair—yes
Pat Flury — yes Jimmy Peterman —yes
18. CEB00-0420 1401 JOVAN
AN 2 D RADIE KA SOLIC
DANIA, FL 33004
Mr. Dubisky, having been previously sworn, gave the following testimony.
The violation is located at 1401 SE 2 Avenue. This is a violation of
Chapter 14, Section 14-2; Junked and Abandoned Vehicles. As of today,
the property is still in violation, there are still vehicles there. Service was
DANIA BEACH CODE ENFORCEMENT BOARD
13 FEBRUARY 7,2000
( obtained by certified mail, the property was posted and the Affidavit of
ere presented. Ms. Lair asked if there
Service is in file. Two photographs w
was any one present representing Mr. Solic. There was no one. She
of Judy Jensen,
entered the two pictures into the record. it was on motion
to adopt the findings of fact of Code Inspector William Dubisky,
move to
find the violation exists as charged and that the violators be given 25 days
to comply, thereafter a fine of$50.00 per dayhall be on thelevied.i The
g r of call motion
was seconded by Jimmy Peterman and carried
William Sargent—yes Judy Jensen —yes
Beulah Lair—yes
Pat Flury —yes. Jimmy Peterman —yes
19. CEB00-0421 ROBERT E. RHODES
4671 SW 26 TERRACE
FORT LAUDERDALE, FL 33312
Inspector Dubisky, having been previously sworn, gave the following
testimony. The violation is located at 4671 SW 26 Terrace. This is a
violation of Chapter 13, Section 13-23; Publicd trashNema nuisance. As of today the
and the weeds and
property is still in violation. The junk an
grass have not been cut. Two pictures were entered into evidence. Ms.
Lair asked if there was any one present representing Robert E. Rhodes.
There was no one. It was on motion of Pat Flury to ve t find the adopt io ation ex exists as
fact by Code Officer, William Dubisngs of
ky, move thereafter a fine
charged and that the violator ed given
The 20 days
tion was to ecolnded by Judy
of $50.00 per day shall b
Jensen and carried on the following roll call:
William Sargent—yes Judy Jensen —yes Beulah Lair—yes Pat Flury —yes Jimmy Peterman
20. CEB00-0423 LRM LEASING CO., INC.
100 W. CYPRESS CREEK ROAD
#976
FORT LAUDERDALE, FL 33309
Inspector Dubisky, having been previously sworn, gave the following
testimony. The violations are located at 3401 Griffin Road. There is a
violation of Chapter 13, Section 13-23; Public Nuisance, a violation of
Chapter 14, Section 14-2; Junked ande Abandoned
Vehicles
Section 8-
and P a
violation of Chapter 8, Article II Property rtY the painted the
21(a)(5)(a), (1) & (2). As of today, Chapter 8 did comply; y p
building, however, the property remains in violation of Chapter 13 for the
miscellaneous debris. The weeds and grass
ev ce been
was not obta ned by
There is still one unlicensed vehicle there. Sr
certified mail but the property was posted and the Affidavit of Service is on
FEBRUARY 7,2000
DANIA BEACH CODE ENFORCEMENT BOARD 14
4) Request for Abatement— CEB00-0420 —Jovan and Radinka Solic — 1401 SE
2 Avenue
Code Inspector.William Dubisky came forward and was sworn in, and had the
following testimony. This was originally heard by the board on 2/07/00. The
compliance date was 3/24/00 and the defendant did not comply until 5/31/01. The
fine ran for 433 days at $50.00 per day plus a $100.00 recording fee for a total of
$21,750.00 owed. Chairman Bettor asked if the was an ne representing Jovan
and Radinka Solic. Jovan Solic, 1401 SE 2 Avenue, c and and was sworn
in. Mr. Solic said that there could be a mistak cause he complied with
removing the shed. Mr. Dubisky said that this a based on the vehicles
being in violation. Mr. Dubisky had complied Solic he had moved the
vehicles from his property to another prope tt ey Ry ed Mr. Dubisky
to confirm the compliance date; Mr. D y said that the co ce date was
5/31/01 and not 5/03/01. Mr. Solic at the t time he a board
meeting, he was told he owed $56,00 so he there migh e a mistake
because.the amount owed has now change y;Peterman m e a motion to
abate the case to $10,000 b d on the violate of being life threatening. The
motion was seconded by Tim d and carrie a following roll call:
David Nuby-yes T' c Judy Jensen-abstained
Jimmy Peterman-yes G u ce- Beulah Lair-yes
Richard Bettor-
Chairman , tated at the boar recommending body. The defendant
will receive note commi on who will set the final fine.
5) es tem #2638— obert R. Spiece,Jr.— 105 SW 1 Street
e Inspector D y, having been previously sworn in, came forward
ari d the follo" g to imony. This was originally heard by the board on
2/07 a comp l ce date was 3/24/00 and the defendant did not comply until
5/31/01. fine 433 days at $50.00 per day plus $100.00 recording fee for a
total of $ owed. This was a violation of Chapter 15, Occupational
License, and n apter 13, Public Nuisance weeds and trash. Chairman Bettor
asked if ther was anyone representing Robert R. Spiece Jr. Robert Spiece, 3111
Peachtree Circle, Davie, FL came forward and was sworn in. Mr. Spiece
mentioned that there is another case to be heard. Mr. Spiece said that they were
unable to get the occupational license until everything was brought up to code.
Attorney Ryan said that both cases could be heard now together, but the orders
will be issued separately based on the case numbers.
Dania Beach Code Board Summary Minutes 2 June 2,2003