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Home My WebLink About6084 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 15, 2007 - 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case #02-3248, for property located at 750 NE 7`' Avenue (#0235-17-0030) Attorney Tim Ryan advised this case involved one violation for failure to obtain a permit for the installation of docks and piles. This case was brought before the Code Enforcement Board for a partial release of lien for the Ft. Lauderdale property on February 7, 2005. The fine ran for 1,048 days for a total of $105,000, including recording fees. The Special Magistrate recommends abating the lien to $26,200. Attorney Tim Ryan advised that Larry Zink, attorney for Palm Beach Polo Holdings, Inc., requested a continuance until the May 17, 2007 Abatement Hearing. Vice-Mayor Anton motioned to continue the abatement request until the May 17, 2007 Abatement Hearing at 6:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher No 3.2 Request for abatement for J. Glezelis LLC, Case 405-1389, for property located at 4627 SW 34`h Terrace(90230-04-0410) Attorney Tim Ryan advised this involved one violation for failure to remove an outdoor storage container from a property in the R-IC zoning district. The fine ran for 235 days for a total of $23,712, including recording fees. The Special Magistrate recommends abating the lien to $5,000. He noted the notices had been sent to the address on the tax roll, which was not the correct address; when the correct address in New York was located the violation was corrected. Harry Hippler, attorney for J. Glezelis, LLC, noted even though the City is aware of the New York address it is still mailing notices to the Dania Beach address. He indicated Mr. Glezelis removed the items from the empty lot before he received notice of the violation. Attorney Hippler requested the Commission reduce the fine to less than the recommended $5,000 due to the lack of severity of the violation. John Glezelis, property owner, noted he purchased the property in 2005 to build a retirement home. Unfortunately, due to his health, he has been unable to do so. Nick Lupo, Code Compliance Manager, noted the lot was not overgrown, and was in generally good condition other than the storage container. Commissioner Bertino motioned to abate the lien to $5,000, to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 3.3 Request for abatement for Real Estate Development I LLC, Case 905-1010, for property located at 4716 SW 32Id Avenue (90230-01-0130) Attorney Tim Ryan advised there are two cases for the same respondent. Attorney Tim Ryan advised the property was cited for two violations: failure to replace or remove fence that was in disrepair, and failure to repair and paint a building which is in disrepair and discolored. The fine ran for 410 days for a total of $82,176.50. The Special Magistrate recommends abating the fine to $21,000. Oscar Grisales, Attorney for Real Estate Development I, noted his client entered into an agreement with Broward County to construct a Lift Station and create a water and wastewater connection in the area. He noted his client has invested approximately $4M in this property, and is committed to bettering the entire neighborhood. He distributed information to the Commission. He stated the property was demolished and the plan is to construct townhomes. Laurence Leeds, AICP, Director Community Development, noted the site plan has been approved by the City Commission, and the plans are currently in Plan Review. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, March 15,2007—6:00 p.m. Commissioner Bertino motioned to keep the original $82,000 fine; seconded by Commissioner Fetscher. Attorney Grisales advised there were a substantial number of steps required by the City and County before they could demolish the property. Director Leeds confirmed the property is within County OES. Attorney Grisales confirmed they have a Developer's Agreement and had to go through DPEP. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton No Commissioner Castro No Mayor Flury Yes Commissioner Fetscher Yes 3.4 Request for abatement for Real Estate Development I LLC, Case #05-0953, for property located at 4732 SW 32Id Avenue (40230-01-0140) Attorney Tim Ryan advised the property was cited for three violations: failure to cut overgrown vegetation and remove trash from property, failure to replace or remove fence which is in disrepair, and failure to paint building which is discolored. The fine ran for 101 days for a total of$10,276.50, including recording fees. The Special Magistrate recommends abating the lien to $5,000. Commissioner Bertino motioned to keep the original fine of $10,276.50; seconded by Commissioner Fetscher. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher Yes 3.5 Request for abatement for Sovereign International Properties Inc., Case 405-1073, for property located at 303 N. Federal Highway (#0234-06-0730) Attorney Tim Ryan advised the property was cited for two violations: failure to remove all miscellaneous trash and debris, and failure to mow/cut overgrown weeds and grass on the property, including the abutting rights-of-way. The fine ran for 166 days for a total of $12,626.50, including recording fees. The Special Magistrate recommends abating the lien by 50% of the original amount. Bob Gossett, Attorney for Sovereign International Properties, noted this is a misunderstanding between the City and the property owner. This violation occurred as a result of Hurricane Wilma when a neighbor's tree fell on the fence. His client understood the final order to be to reinstall the fence and remove the debris, which he did on December 18. The City took pictures on Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, March 15,2007—6:00 p.m. January 6, which showed the violations had been corrected. His client thought the violation had been corrected, only to find out that the City now stated the hole in the fence needed to be repaired. He requested the fine be abated to $600 because the property was in compliance on January 6. Commissioner Bertino motioned to abate the fine to $6,313.25, to be paid within 30 days; seconded by Commissioner Fetscher. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher Yes 3.6 Request for reconsideration of abatement for MYSB LLC, Case 404-1269. for property located at 4680 SW 33rd Avenue (0230-03-0090) Attorney Tim Ryan advised this case involved two violations of failure to repair, replace or remove a fence which is in disrepair and falling down. The fine ran for 11 days for a total of $1,650.00, plus recording fees of $176.50, for a total of $1,826.50. The Special Magistrate recommended abating the fine to $500, however, the City Commission denied the request at the January 18, 2007 Abatement Hearing and upheld the original amount of$1,826.50. Solomon Beno, 4740 N 31" Court, Hollywood, property owner, advised the property was in terrible condition when he purchased it. He is trying to take care of the property and cannot afford to pay the fine. The property has been on the market for one year and they cannot make their mortgage. Vice-Mayor Anton motioned to abate the fine to $500, to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 4. Adjournment Mayor Flury adjourned the meeting at 6:52 p.m. ATTEST: CITY OF DANIA BEACH t� n'�W_ =k&yk) — LOUISE STILSON, C C PATRICIA FLURY CITY CLERK MAYOR—COMMISSIONER Approved: March 27, 2007 Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, March 15, 2007—6:00 p.m.