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2007-05-17 Abatement Hearing City Commission Meeting Agenda Packet
AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 17, 2007 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W.DANIA BEACH BLVD,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request for abatement for Palm Beach Polo Holdings Inc., Case 402-3248, for property located at 750 NE 71h Avenue (40235-17-0030) (Continued from March 15, 2007) 3.2 Request for abatement for Bony Capetillo, Case #06-0336, for property located at 2717 SW 471h Street(#0229-14-0350) 3.3 Request for abatement for Florida Sweeping Inc., Case #05-0440, for property located at 4630 SW 44`h Avenue (#0125-28-0011) 3.4 Request for abatement for Bryan Road Investments LLC, Case 405-0835, for property located at 80 SW 8`h Avenue (#0234-24-0080) 3.5 Request for abatement for GC Properties LLC, Case #05-1425, for property located at 2402 SW 541h Street (#0232-23-0210) 3.6 Request for Settlement Agreement for J & J Properties of Broward Inc., Case #04- 1241, for property located at 1 I S. Federal Highway, a/k/a 15. S. Federal Highway (#0234-01-3380) Dania Beach City Commission Agenda- Abatement Hearing May 17, 2007—6:00 p.m. Page 2 of 2 3.7 Request for Settlement Agreement for J & J Properties of Broward Inc., Case #04- 1242, for property located at 17 & 19 S. Federal Highway, a/k/a 15 S. Federal Highway, a/k/a 20 N. Federal Highway (#0234-01-3390) 4. ADJOURNMENT AGENDA REQUEST FORM CITY OF DANIA Date: February 22, 2007 Agenda Item#: / 3. Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Palm Beach Polo Holdings Inc. —02-3248—750 NE 7 Avenue Summary Explanation & Background: This was originally cited on 8/26/02 for 1 violation and was given 30 days to comply. This was taken to the board on 2/03/03 for 1 violation and it was continued until the 3/03103 meeting. At the 3/03/03 meeting, the case was again continued to the 6/02/03 meeting. At the 6/02/03 meeting, the case was continued to the 9/08/03 meeting. At the 9/03/03 meeting, a final order was issued giving the defendants 90 days to comply or a fine of $100.00 per day would be levied. The compliance date was 12/18/03. The defendant was granted an extension until 3/17/04 to comply. The property was not brought into compliance and the lien was confirmed on 7/06/04. This went back to the board on 2/07/05 for partial release of lien on the Fort Lauderdale property. On 5/09/05 they were granted a 30 day extension until 6/06105. At the 6/06/05, authorization to foreclose was given. The property was brought into compliance on 1/29107. The fine ran from 3/17/04 through 1/29/07, 1048 days @ $100.00 per day = $104,900.00 including recording fee of $100.00. This was granted continuance to the 2/05/07 Special Magistrate hearing. At the 2/5/07 Special Magistrate hearing, the abatement of$26,200 00 was given. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 2/03/03, 3/03/03, 6/02/03, 9/08/03, 7/06/04, 2/07/05, 5/09105, 6/06/05, Code Board meetings and the 2/05/07 Special Magistrate hearing Purchasing Approval: Source of Additional Information: (Name 8 Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to $26,200.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 02-3248 municipal corporation PLAINTIFF, FINAL ORDER vs. PALM BEACH POLO HOLDINGS INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on September 8, 2003, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Palm Beach Polo Holdings Inc., did allow the following code violation to exist at property Defendant owns located at 750 N. E. 7 Avenue, Dania Beach, Florida, which property is legally described as: PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 y LESS DANIA CANAL (# 0235 17 0030): 1. Florida Building Code 104.1, Permits Required. Defendant did install or allowed to be installed, docks and piles, without a permit. Failure to obtain permit for the installation of docks and piles. FINAL ORDER #02-3248 PAGE 2 Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Palm Beach Polo Holdings Inc.: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 90 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, Palm Beach Polo Holdings Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 90 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this /9 day of �IAI 2003. DANIA BEACH CODE ENFORCEMENT BOARD Richard Be tor', Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-3248 PAGE 3 Notary Seal: Sworn and subscribed 20 this day of 2003. NOTARY PUBLIC TATE OF FLORIDA Richard Bettor is personally known to me. G1068 J Brandes COMMI,,m DW872sn FIP111 May 10,2007 wr Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-3248 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Palm Beach Polo Holdings Inc., this Ia day of t.v 02 - 2003. CERTIFIED MAIL 7002 2030 0003 2168 5698 CODE NFORCEMENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS 1 TIM RYAN, SPECIAL CITY ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 02-3248 Municipal corporation PLAINTIFF, FINAL ORDER vs. PALM BEACH POLO HOLDINGS INC. DEFENDANT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Kenneth Koch, on the City's Motion to Confirm Fine held on the 61h day of July, 2004, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 19th day of September, 2003, a Final Order in the above captioned case commanding the defendant, Palm Beach Polo Holdings Inc., to bring the violation specified in said Final Order into compliance on or before the 18th day of December, 2003, or pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER 002-3248 2. That the Board did issue on the 22nd day of January, 2004, a Supplemental Order granting the Defendant's request for extension of time for the imposition of the fine until March 17, 2004, 3. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 & LESS DANIA CANAL (# 0235 17 0030). 4. That the Defendant, Palm Beach Polo Holdings Inc., did not comply with the Final Order on or before the date specified therein. 5. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified from March 17, 2004 until such time as the defendant, Palm Beach Polo Holdings Inc., shall comply with said Final Order. Upon complying, the defendant shall notify Y the Cit 's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 6. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND�ORDERED at Dania Beach, Broward County, Florida, this a 7 Day of \Yl/&4 12004. DANIA BEACH CODE ENFORCEMENT BOARD By: %l'llLrlt - Richard Bettor, Chairman Return to. Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER 402-3248 Sworn to and subscribed before me this -'DZ day of ' 2004, By Richard Bettor, who is personally known to me. NOITARY PUlkIC 8TATE OF FLORIDA off.N Glona J Bmnd" .' My commiaewn DDt B7260 y for w� ExOIres MaY 10,2007 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 Vilest Dania Beach Bhd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER NO2-3248 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, Palm Beach Polo Holdings Inc., this 7 day of 2004. CERTIFIED MAIL # 7002 2030 0003 21619 6076 COQjL ENFORCOMENT BOARD CLERK APPROVE TO 7(N,,D CORRECTNESS Imo/ TIMOTHY.M. RYAN, SPECIA CITY ATTORNEY r Xc: Larry A. Zink, Esq., Zink, Zink, & Zink Co., L. P. A., 1198 Hillsboro Mile, Hillsboro Imperial West, Suite 244, Hillsboro Beach, FI 33062 Certified Mail 7002 2030 0003 2169 6144 Also sent regular mail Return to: Patricia Varney 4 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 C4�� 9t aw;q (!-Waw,04, 'W FLORIDA August 26, 2002 PALM BEACH POLO HOLDINGS INC Case Number : 02-00003248 11199 POLO CLUB RD WELLINGTON, FL 33414 Location : 750 NE 7 AVE Folio : 504235170030 Legal Description : PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 & LESS DANIA CANAL PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 Dear PALM BEACH POLO HOLDINGS INC : You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section ( s ) and corrective actions for your reference . You are required to correct the violation ( s) and call for a re-inspection by September 25, 2002 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me . SiLo/ ,, / d KENNETH KOCH BUILDING OFFICIAL I certify that an original hereof was furnished to the above named addressee bv: Certified Mail # 7002 0860 0000 5814 1428 by BETH DAGNON . "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wzana..ci.dania-beach.fl.us v1vLHi-uv ur'LA1L, PAGE 1 CASE NUMBER 02-00003248 PROPERTY ADDRESS 750 NE 7 AVE -- - -- -- - - - - --- -- - - - - -- -- - - - --- - - -- - - - - - - - - - - - - - - -- - - -- --- - -- VIOLATION: FBC 104 . 1 PERMITS REQ. QUANTITY: 1 DESCRIPTION: FBC 104 . 1 PERMITS REQ. , DOCKS DATE : 8/26/02 LOCATION: NARRATIVE Remedy: Contractor to obtain permit from City, request and receive approved inspections . ORDINANCE DESCRIPTION : Violation of FBC 104 . 1, Permits Required. Problem Description : Docks and piles installed without permit . ►oH, ► VIOLATION OF: Pfv11 I77 /ZtG-uf20 PROBLEM DESCRIPTION: IDOCKS l�-uu PI LPS L PfTAM-0 w6 P(-�n tr REMEDY: Gu12Affzu TT, ir �iLn �i1 l /fit 44tsT �N� RFce-rUr hr'VRa�w rNrr��n ,s NUMBER OF DAYS TO CORRECT: ? U VIOLATION OF: PROBLEM DESCRIPTION: REMEDY: �lPiYl - �� You "4,f tD cha>7�ce S fib F$C? Ycs a NUMBER OF DAYS TO CORRECT: W h l IV 3 Ad foo as LA)i fh Is 2 'J 22. #02-3248 Palm Beach Polo Holding Inc. 750 NE 7 Ave Dania Beach, FL William Dubisky having been previously sworn in, came forward and asked for a continuance in the absence of Kenneth Koch, Building Official on case #02-3248. It was on the motion of Judy Jensen, seconded by Jimmy Peterman to continue case #02-3248 for 30 days. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor - yes 23. #02-3254 George Roebuck 41 NW 5 Ave Dania Beach, FL Eric Baker having been previously sworn in, came forward and stated that notice was sent Certified Mail and service was obtained; notice was also sent via first class mail and the property was posted; the affidavit is on file. This is a violation of Chapter 13, Section 13-23, public nuisance, commercial vehicles not permitted, Chapter 13, Section 13-23, public nuisance, trash and junk on the property, Chapter 14, Section 14-2, abandoned vehicles, Chapter 8, Article Il, violation. As of today,Section 8-21 (4)(F), fence Y, Mr. Baker, said the property is still in violation of Chapter 13, commercial vehicles still on the property, Chapter 13, trash and junk on the property, Chapter 14, unlicensed vehicles has complied and Chapter 8, fence violation has complied. First contact was made on August 8, 2002. Chairman Bettor asked if anyone was present representing George Roebuck, no response was given. It was on motion of Gary Luedtke, seconded by Tim McLeod move to adopt a finding of fact on Chapter 14, and Chapter 8 violations and for the Chapter 13 violations that the defendant be given 30 days or a fine of $50.00 thereafter. Chairman Bettor entered one photo into evidence on this case. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor - yes Dania Beach Code Board Minutes is Febman 3.2003 investing in order to protect the property. David Nuby asked if the owners were trying to be rid of the property. Mr. Eutsey said that they were trying to sell the property or demolish the house. Mr. Johnson said that the property is in compliance by the city. There is $29,750.00 that needs to be paid or the city will foreclose. In addition, there are other monies owed of$1,048.88 for the city clean up; $119.66 for special assessment for paving; and $389.86 for outstanding utilities and meter pulled. This brings the total owed to $31,306.40. Attorney Pinsky stated that foreclosure being authorized does not mean that the property will be immediately foreclosed. Mr. Eutsey could request an abatement, which is a reduction of fine that would allow him to pay off the fine and get out of the foreclosure. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 9) 93248 Palm Beach Polo Holdings Inc 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and gave the following testimony. Service was obtained by posting the property, Affidavit of Service is on file, via first class mail, and Certified Mail with return receipt. Mr. Johnson turned the case over to Building Official Kenneth Koch. Mr. Koch, having been previously swom in, came forward and gave the following testimony. The case was previously cited for work done, but cited in error. Original violation notice was mailed 8/66/02, but Mr. Koch had started the case in 6/02. There were docks and piles that had been installed on the property without obtaining a permit. There is one question whether certain docks and piles that are in Dania's cut off canal should be there. That will be determined when the application for permit comes in. As of this date, there is no response or application for permit. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie FL, who stated he works for Palm Beach Polo Holdings and Broward Yachts, came forward and was sworn in. Mr. McLaughlin said there were replacement of docks that was built long before ownership of the property. Mr. McLaughlin had to prove this knowledge to DEP, army core. engineers, and 15 government agencies thru aerial photographs. The docks were replaced because they were in a bad state. There were five of six pilings that were put into the Dania cut off canal for a new dock. Upon realization that the dock would be in violation, the dock was not built but pilings still remained. Mr. McLaughlin said he came to the city to request the permit, but was told to get other government permits first. Mr. McLaughlin sent Letter to the city stating the need for an extension of 45 or 60 days. Mr. McLaughlin is waiting on South Florida Water Management for the last permit. He needs extension as stated in the letter. Mr. Koch came back to podium to address the issue of government agencies being a nightmare. Mr. Koch stated that 90 days is needed for defendant to get done with government agencies Dania Beach Code Board Summary Minutes 7 March 3, 2003 then move thru with the city. Tim McLeod made a motion to continue the case for 90 days which was seconded by Beulah Lair. Chairman Bettor asked for a roll call. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 10) 43046 Robert Cannarozzi 4025 Ravenswood Road Ft. Lauderdale, FL Code Inspector Gary Phaneuf came forward, was sworn in, and submitted eight photos to the board. Mr. Phaneuf gave the following testimony. Notice was sent Certified Mail, service was not obtained; also sent via first class mail, posting on property, and Affidavit of Service is on file. This is a violation of Chapter 14, Section 14-2, Public Nuisance, inoperable and unlicensed vehicle storage; Chapter 13, Section 13-26, excessive accumulation of weed, trees and plant life; Chapter 8, Article II, Property Standards, Section 8-21(4)(f), chain link fence is in need of repair; Chapter 8, Article II, Property Standards, Section 8-21(a)(5)(a), (1) and (2), building is in need of paint and repair. As of today, the property is still in violation of Chapter 14, Section 14-2, Public Nuisance, storage of inoperable and unlicensed vehicles; Chapter 8, Article II, Property Standards, Section 8-21(4)(f), fence is in need of repair. The first contact of the violation was 8/14/02. Chairman Bettor asked if there was anyone present representing Robert Cannarozzi. Robert Cannarozzi, 7628 Harbor Boulevard, Miramar FL, came forward and was sworn in. Chairman Bettor asked Mr. Cannarozzi to identify the pictures. Mr. Cannarozzi identified the pictures of the property. Mr. Cannarozzi stated that he had been working on the property, but he needs an extension of time. Chairman Bettor asked Mr. Phaneuf if Mr. Cannarozzi made a good effort to clean the property. Mr. Phaneuf answered that upon meeting Mr. Cannarozzi, he had complied with cutting weeds. Beulah Lair made a motion, seconded by Tim McLeod, to adopt the findings of Officer Phaneuf, that the violator be given 60 days or a fine of$100.00 per day. The motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes Gary Luedtke-absent for vote Beulah Lair-yes Richard Bettor-yes 11) #3253 Tania Rodriguez 1/3 Int L Sosa and E Gonzalez 43 SW 11 Street Dania Beach, FL Code Inspector William Dubisky, having been previously sworn in, came forward and had the following testimony. Notice was sent Certified Mail, service was obtained; also sent via first class mail, property was posted, and Affidavit of Dania Beach Code Board Summary Minutes 8 March 3,2003 Methodist Church. Alfonso Higgs, 128 SW 22 Terrace, Ft. Lauderdale, 33312 came forward and was sworn in. Chairman Bettor asked Mr. Higgs how was he representing the church. Mr. Higgs answered that he was the pastor. Mr. Higgs started to explain when he had received notice of the violation, but Attorney Ryan interjected to ask if he was in compliance, then his case could be heard now as an abatement. Mr. Baker stated yes that the church was in compliance. Tim McLeod made a motion to hear the case as an abatement. The motion was seconded by Gary Luedtke and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes Mr. Higgs said that he brought the violation notice to the church's attention. The church had been painted, but the re-inspection was not called into the city. Mr. Baker said that there are two churches with the same address. Upon receipt of the first violation notice, the church that was not cited was painted; however, they realized the mistake and painted the church that was cited. It was on the motion of Jimmy Peterman to abate the fine to $500.00 because of the mistake of painting the wrong church. The motion was seconded by Judy Jensen and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-no Richard Bettor-yes Attorney Ryan told Mr. Higgs that he will be notified by the city commission. Mr. Higgs provided the correct mailing address to the board clerk. 14) 93248 Palm Beach Polo Holdings Inc. 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, received return receipt; also sent via first class mail, property was posted, and Affidavit of Service is on file. Mr. Johnson stated that the Building Official Ken Koch would testify on the case. Mr. Koch, having been previously sworn in, came forward. The violation was for piles that were put in the cut off canal without a permit. The defendants were trying to get their permit through DPEP, who is part of South Florida Water Management. They will need a continuous extension of time because DPEP is regulating the permit approval. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie, FL came forward and was sworn in. Mr. McLaughlin said there are two situations to the violation: one was some replacement piles for docks, and the second was for several pilings put into the Dania Beach Code Board Summary Minutes 10 June 2,2003 canal. No docks have been built on the installed pilings which are about three to four feet off the seawall. The defendants are currently awaiting the final approval from South Florida Water Management who is still processing the paperwork for the approval. Mr. Mc Laughlin asked for a 90 day extension. Judy Jensen made a motion to continue the case for 90 days. The motion was seconded by Jimmy Peterman and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 15) #3744 Salvatore and Ann Marie Russo 2400 Block of SW 31 Street Ft. Lauderdale, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and presented two photos. Service was obtained by Certified Mail, received return receipt, property was posted, Affidavit of Service is on file; also sent via first class mail. This is a violation of Chapter 28, Zoning, Article 27, IROM (Industrial Research Office Marine) District, Section 27.30(b), Prohibited Uses, the storage or parking of automobiles, trucks, and tractor trailer is prohibited in an IROM zoned district. The defendant was first notified of the violation on 11/20/02. Mr. Johnson said that after speaking to Douglas Wyckoff, attorney, he agreed with Mr. Wyckoff recommendation that they be given a 90 day extension because a lot of the violations have been moved off the property. Attorney Ryan asked Mr. Douglas Wyckoff if he would come forward and agree that there was a finding of fact that a violation exists, that the violator be given 90 days to remove the vehicles, and if not corrected within the 90 days there will be a $100.00 per day fine. Mr. Wyckoff came forward and said yes. Judy Jensen made a motion based on Attorney Ryan's statement. The motion was seconded by Gary Luedtke and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 16) Authorization to Foreclose — CEB01-0152 — Brian R. Mathiasen — 4761 SW 26 Terrace Attorney Ryan asked for the board to move on the foreclosure property that is not homesteaded but has current violations. It was on the motion of Gary Luedtke, seconded by Jimmy Peterman, to move the authorization to foreclose. The motion carried on the following roll call: Dania Beach Code Board Summary Minutes 11 June 2,2003 Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 10) #02-3248 Palm Beach Polo Holdings Inc. 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by posting the property, Affidavit of Service is on file; also sent via first class mail, sent Certified Mail but did not receive the return receipt. The defendants were first notified on 1/08/03. Mr. Johnson said that Building Official Kenneth Koch will testify further in regards to the violation. Mr. Koch, having been previously sworn in, came forward and said that the violation notice was sent 8/22/02 for docks being installed. The piles were installed in the Dania cut being replaced and piles g € P 1. The defendant had to o through several agencies for approval in off Cana € keeping the dock. They still have to go through to the Department of Planning & Environmental Protection (DPEP) in order to get approval. The approval on the piles has to go through South Florida Water District and Army Corp. The defendant has not received approval from Army Corp., and the piles have been removed from the canal. The docks still need permit. They still need DPEP before the city would grant the permit. Mr. Koch has been in communication with the defendant who had been trying diligently to resolve the violation. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings Inc. Robert Dean, 13502 SW 102 Lane, Miami, FL, came forward and was sworn in. Chairman Bettor asked Mr. Dean how was he representing Palm Beach Polo Holdings Inc. Mr. Dean replied that he is the general manager of Broward Yachts who is part of the company. Chairman Bettor asked Mr. Dean how far was the project. Mr. Dean provided some history in regards to the existing docks and piles, and how the company had tried to renovate the docks and piles. Mr. Dean said he had someone remove the piles. He has now redesigned the layout of the docks to their original form. Of the six original docks, five are rebuilt, but no permit was pulled; however, they are resolving the permit situation. He has been in contact with army engineer who has promised to have their recommendation some time soon. Once he receives the recommendation from army engineer, he will take that back to DPEP. South Florida Water District has signed off their approval. Mr. Dean says he estimates about 90 to 120 days before he could present the City of Dania Beach with a permit approval. Tim McLeod made a motion to accept the building official statement that the violations do exist and time is needed to clear up the red tape approvals, and grant the respondent 90 days or a fine of $100.00 per day. The motion was seconded by Beulah Lair and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 9 September 8. 2003 Beulah Lair told Mr. Dean if he should need more time then he should request the time from the board. 11) 903-4832 Ravenswood Warehouse Investors 5935 Ravenswood Road, E-11 & E-14 Ft. Lauderdale, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, have the return receipt in file, posting of the property, Affidavit of Service is on file; also sent via first class mail. They were first cited 6/19/03. Mr. Johnson said that Fire Marshal Ed Tarmey would present the case. Fire Marshal Ed Tarmey, came forward and was sworn in, and gave the following testimony. This is a violation at a cabinet shop. The property was originally inspected 6/19/03. The business was Florida Custom Cabinets who had converted a dry wall office into a spray booth. The lacquer and combustible liquids placed them in violation of NFPA 33, Chapter 7, Section 7-1, fire protection, an automatic fire protection system is required in spray booths; FFPC Chapter 17, Section 17-3.5.2 for ventilation, the spray booth was not properly ventilated. The defendant was required to submit plans, submit permit, and receive inspections for both violations. The spray booth was in violation of FFPC Chapter 17, Section 17- 3.3.1.3, the spray room was not properly constructed. It should have had non combustible materials, non absorbent, cleanable surfaces, and have proper exits. Upon re-inspection, the property was still in violation. Chairman Bettor asked if there was anyone representing Ravenswood Warehouse Investors. Allen Kurtzman, 502 N. Highland Drive, Hollywood, FL, came forward and was sworn in. Mr. Kurtzman said he is the property manager of Ravenswood Warehouse. Upon receiving notice of the violations, Ravenswood Warehouse attorneys sent a letter to the tenant advising him that he was in violation of his lease; his lease would be terminated. On 8/28/03, there was a second letter sent to the tenant advising him that his lease was expiring 9/30/03. Mr. Kurtzman said that the tenant will speak in regards to the operations. Carlos Rubio, 2730 Lincoln Street, Hollywood, FL, came forward and was sworn in. Beulah Lair asked Mr. Rubio if he is still operating the business. Mr. Rubio said yes, and he is complying with the violations. Mr. Rubio said he does have the spray booth without a permit. He had hired a company to install the booth. Tim McLeod asked Mr. Rubio if his landlord will renew the lease once Mr. Rubio complied with the code. Mr. Rubio said he has proof that they will renew the lease. Mr. Kurtzman said yes they will potentially continue the lease. Tim McLeod asked Mr. Rubio what is preventing him from obtaining a permit. Mr. Rubio said he has hired a company who will be doing the job. Attorney Ryan said that if Mr. Rubio does not comply on 9/30/03, the landlord will terminate the lease. Mr. Tarmey submitted 5 photos. Chairman Bettor asked the respondent to identify the photos; Mr. Rubio identified the photos. Gary Leudtke made a motion that notice was properly served, to adopt the findings of fact by Ed Tarmey, that the offender be given 30 days to obtain the Dania Beach Code Board Summary Minutes 10 September 8, 2003 representing Elisabeta Patriche. Elisabeta Patriche, 200 SE 4d' Terrace was sworn in. Dana Ionescu daughter of Patriche, 200 SE 4'h Terrace was sworn in. Chairman Bettor asked Ms. Patriche and Ms. Ionescu to identify the pictures of their property. Ms. Patriche and Ms. Ionescu gave testimony. Ms. Patriche identified the pictures of their property. Jimmy Peterman motioned to confirm the fine with compliance date as of today, the motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 7) Motion to Confirm Fine- #02-3248 — Palm Beach Polo Holding Inc. — 750 NE 7" Avenue Building Official Kenneth Koch came forward was sworn in and gave the following testimony on the past history of the case and stated this is a motion to confirm fine. Mr. Koch stated, as of this date, they still are not in compliance. Chairman Bettor asked it there was anyone representing Palm Beach Polo Holdings. Larry Zink, attorney for Palm Beach Holdings, 1198 Hillsboro Mile Suite 224, Hillsboro Beach, FL 33062, came forward and gave testimony on the steps that were taken to try to comply. Attorney Ryan told Attorney Zink that they have to resolve this legal action to compel the agencies involved to act and that we can not continue to let the case be continued. Glen Straub, President, came forward and was swom in and gave testimony that they have taken care of the situation with the Corp of Engineers and that they are now dealing with the county attorney. Attorney Zink then requested 60 additional days from the board. Tim McLeod made a motion to confirm the fine, the motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 8) Motion to Confirm Fine- 903-4286- William A. Galdorise & Michael J. Galdorise- 4911 SW 29rh Way Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. He stated this is a motion to confirm fine and the property is still not in compliance as of this date; a building permit has not been issued. Building Official Kenneth Koch, having been previously sworn in, came forward and gave testimony that a permit application was applied for and rejected on June 18, 2002 and the owner removed the application from the department and never returned with the application and there has been no further contact. Mr. Koch stated that he took a look at it back on February 23 of this year and to date has not received a new application or issued permits for the work that was done. Chairman Bettor Dania Beach Code Board Summaq Minutes 3 Juh 6.1-004 years Mr. Belle decided to pay all the arrears on the mortgage, got a quit claim deed and brought the property into compliance. Attorney Dubow presented more pictures that show how the property looks today. He said that Mr. Belle became owner of the property six months prior to the compliance date and in those six months he turned the property around from the way it was to the way it is now. Mr. Dubow asked that the City levy a fine for their costs and ....this particular home owner for his initiative to bring this property into respectability. Judy Jensen made a motion to abate the fine to the City's cost of $1500 based on the fact that it's a good thing for the City to see the neighbors improve their properties and the properties around them. Jimmy Peterman seconded the motion and it carried on the following roll call: Judy Jensen - yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes 6. Request for Partial Release - 02-3248 - Palm Beach Polo Holdings Inc. - 750 NE 7`h Avenue Chris Ryan, attorney for the board stated that this was a violation for the installation of docks and piles without a permit. The property is still in violation and still running a fine of $100.00 per day. The city received a letter from the representatives of East Yard Partners, LLC who have purchased property in Fort Lauderdale previously owned by Palm Beach Polo Holdings Inc. and they are requesting a release of lien as to that property only. Mr. Ryan said that since a code enforcement lien becomes a lien on all real property that a person owns in the county, the recording of this Dania Beach lien affected the sale the property in Fort Lauderdale. The applicant is requesting that the lien be released only as to the Fort Lauderdale property and the city would still have the lien against the Dania Beach property until that property comes into compliance. The fine would continue to run. This allows him to go ahead and get the proceeds of the sale from of the second property and use that to bring this property into compliance and this works well for the owner and doesn't adversely impact the city. Jimmy Peterman made a motion to release the lien on the property in Fort Lauderdale, Folio # 0421600090 located at 1601 SW 20`h Street. Judy Jensen seconded the motion and it carried on the following roll call: Judy Jensen- yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes David Nuby arrived. 7. Authorization to Foreclose - 02-3248 - Palm Beach Polo Holdings Inc. - 750 NE 7`n Avenue Attorney Chris Ryan stated that this is an authorization for the City Attorneys to go ahead and file the foreclosure action. Mr. Robert McLaughlin, 3790 SW 106 Dania Beach Code Board Summary Minutes 3 February 7, 2005 Ter, Davie Florida, an employee of the Palm Beach Polo Holdings Inc. came forward and was sworn in. Mr. McLaughlin stated that the docks were installed in 1984 and they did repairs to them without permits. They have gone through many agencies to try and obtain a permit but they have been hung up with one agency which is the Department of Environmental Protection and the reason being that they have a neighbor who has filed an objection. He said that his attorney Mr. Larry Zink sent a letter to the Board dated February, 2005 asking for abatement. Mr. William Johnson asked to continue this case for another 30 days. Judy Jensen asked why the neighbors were objecting to having the docks there. Mr. McLaughlin explained that the neighbor would rather the docks aren't there because he has very big ships coming there. He said this is an issue they are trying to work out administratively with Broward County. Judy Jensen made a motion to continue the case for 30 days and it was seconded by Jimmy Peterman. The motion carried on the following roll call: David Nuby—yes Judy Jensen- yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes 8. Request for Extension - Case# 04-1038 - Shree-Ram Motel -338 S Fed Hwy Chief Code Inspector William Johnson having been previously sworn in came forward and requested an extension of time. He stated that this case was first heard by the Board on 10/04/04 for two violations. The Board gave a final order giving the defendant 60 days to comply or a fine a $100 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12/19/04 to 2/2/05 and they are requesting an extension of time from that date. Mr. Johnson recommended a 30 day extension from 2/2/05. Chairman Bettor asked if there was anyone representing Shree-Ram Motel. No one came forward. Judy Jensen made a motion to extend the case for 30 days from 2/2/05. Jimmy Peterman seconded the motion and it carried on the following roll call: David Nuby —yes Judy Jensen-yes Jimmy Peterman - yes Richard Bettor—ves Terrell McCombs-yes 9 Request for Extension — Case # 04-1041 - Shree-Ram Motel - W of 340 S Fed Hwy Chief Code Inspector William Johnson having been previously sworn came forward and asked for a 30 day extension. He stated that this case was first heard by the Board on 10/04/04 for two violations. The Board gave a final order giving the defendant 60 days to comply or a fine a of $150 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12.19.04 to 2/2/05 and they are requesting an extension of time from date. Mr. Johnson recommended a 30 day extension from 2/2/05. Judy Jensen made a motion to extend the case Dania Beach Code Board Summary Minutes 4 February 7,2005 27) Authorization to Foreclose # 02-3248 Palm Beach Polo Holdings 750 NE 7 Ave Attorney Tim Ryan asked for a continuance because he said the defendant is working with the County Environmental Agency to get authorization for a limited number of docks. At that point they can come back to the Board for an abatement request. It was on motion of Judith Tulacro seconded by Jay Hamilton to grant a continuance of 30 days. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 28) #04-1013 Robert Steven Adaway 225 SW 3 Terrace DANIA BEACH, FL Code Inspector Eric Baker, having been previously sworn in, came forward and explained this is a motion to confirm fine. Corrective Action was to be taken on or before 12/08/04. Reinspection on 5/9/05 revealed no corrective action had taken place. Chairman Bettor asked if there was anyone representing Robert Steven Adaway, but no one came forward. It was on motion of Judy Jensen, seconded by Tim McLeod that a motion to confirm the fine was granted. The motion had the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 29) # 04-1141 Richard Ulathiasen 4500 SW 34 Ave Dania Beach, Fl Code Inspector Gary Phaneuf, having been previously sworn in, came forward and explained this is a motion to confirm fine. Corrective Action was to be taken on or before 02/01/05. Reinspection on 5/9/05 revealed no corrective action had taken place. It was on motion of Jay Hamilton seconded by Judith Tulacro, to confirm fine based on findings of Inspector Phaneuf. The motion carried on the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 30) # 04-0234 Steven Saber 4961 SW 37 Terrace Dania Beach, FL Code Inspector Eric Baker, having been previously sAom in, came forward and explained that this is a motion to confirm fine. Corrective Action was to be taken on or before 10/28/04. A reinspection of the property on 5/9/05 revealed no corrective action had taken place: permits still have not been issued. It was on motion of Judith Tulacro Dania Beech Code Board Summar-Minutes 13 Mar 9,'ODi David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 11) Request for Abatement 900-1410 Edith & Elsaida Tucker- 720 SW 6 St Attorney Ryan presented the case to the Board and explained attorney Emerson Allsworth contacted him. Mr. Allsworth believed this would be a larger fine because it was an issue referencing a second building violation which was dismissed. When Mr. Allsworth found out it was $1750 he said he was fine with that. Mr. Ryan asked the Board to deny the abatement request. It was on motion of Judy Jensen, second by Tim McLeod to deny the request for abatement. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 12) Authorization to Foreclose #02-3248—Palm Beach Polo Holdings- 750 NE 7 St Attorney Tim Ryan explained this case is a violation for installation of docks and pilings without a permit. A foreclosure is recommended on the case. It was on motion of Jimmy Peterman, second by Judy Jensen to go ahead with a foreclosure. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 13) Request for Dismissal- 902-3057- Josephine Lombardi - 4493 Sw 49 Ct # 04-0645- Hanson & Nelson Inc- 10 N Federal Hwy # 04-0017- Tianna Channel Copeland—208 NW 14 Ct # 00-2142- Barbara Walker—9 SW 6 Ave # 00-1479- Madelyn McCutcheon-38 NW 7 Ave Attorney Tim Ryan requested all these cases be dismissed due to change in ownership. It was on motion of Tim McLeod, second by Judy Jensen to dismiss all the cases due to an ownership change. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 14) 404-1273 Constance K Lathrop 2620 SW 54 ST Dania Beach, FI Dania Beach Code Board Summary Minutes 7 June 6,2005 c ai ai ai c aj c c � w w w w d d d d N k w w Tw d T T m Tw d d d C C d p C d w ti m m m m m m m d C C d d d d w T C C C D a a m a >, m m m D 3 C C C T C T O � w w T T T O O T m m T T T a T D a T a a D o 0 0 0 O O D O O o O p N D m a D m m m m m m m a s m m m O O O O O O m O O O O 0 U m O m m D O -O � O m d O O O O O o 000 O O O O D OM O O m m m O m o O m o p 0 0 0 � � O N 1 _O 0 V3 — 0 , 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O (p N cc 0 0 0 N O )O O �O )O LL') ° O h o O O O N 0 u� 000 O N NCO N� ,� 00 N� N� N� O O O O n 00 r n O r 0 0 0 0 0 p n O 0 0 � � O O O O O O O c o o O O N 000 00 N O O O O O r O n r 0 `p O r r n Nj O O p O n _ p ON y t0 O O O O O O N N N N Uj N O yj )O N L d r n N r n n r r o n o O r r r 0 0 0 O C O O (q O O O O O N O No " " o o O O N N N L M M r L N L L L L )O O O O O O O O O 0 0 0 ` _ - T _ _ r r r r n r m a n m m p m m m m m � co com ro <o co U u u �O T� cLi u u U � Q d m $ M M a m n M m m o 0 0 0 0 0 `m o 012 0 o M m d d d d d d d d d d d m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 > > > > > > O > > > > > N d d Q d d d d d d d d N d d d d d M O O O O O O y O O O 0 0 M m a m M M m m M m M a m m m m m m n a a a a n m a n a a o a -° -° v aDDaDD -° aDaaDaaa aaaa anD n a a na D Q Q Q Q Q Q v Q Q Q Q Q ° d d C d «K UUCm UUC Kd U Ud dddadadad nd ad ad nUv aUd aUd nUd C C C C C C Un CU U U U U U U U U U U CC CCC CC C C C C C C C C 0 0 0 0 O O O _OCJ CO COJg OC - V m E m m m m m m m m m m m m m m m Mm mma mmMm m m m o J E E U E E E E E E E E E E E m g . am d O O d O O O O O O O O O O O O O O O U U NO J D U U Ulu U U U U N 0 U) V) N U U N U N N U > a o 0 N m d O d > L Q O O d U v u > U y Co Z M Jc m M c m v d m E 3 > v v v w d > J d d > d c v m U D a `c 2 2 2 m m z m inQ a�i ininQH > Nin d Cr � � N � mmm >� > m >d > U m E N > N V of N M J M C m O > Q N Q C �O V V > d U) d Q Q � � LL LL d z v nu) w cnv) U) U) ) F- mt Co� U) 0 cn 9 O Z r v 0 0 Z O N N O LL M O U)I U N U) (n Z Co Z Z Z (n Z o v (D O N O M M O n,M N c0 N i0 � N (D O v V O M I M W N V O N N O O N n 0 ry N Q s{ r O V (O V N N N V (C r V O N M.M N Vv N C a d J = d « C > > N o d v rn CO 0 p N p 2 U. w Z > C m E O C C O O` d J d C 2 T lV F 33 m d O C 0 N � O > d N U) U C C N F. t xS o m 10 E .� .`° ° E E E E E > d E v C N a O - T J Y 0 0 0 0 2' > a' J J O N N x m L L an d m (n y « J ° Z Z V) S S h- « m m NN 7 U L N d N$ d m m O N m a a E m > ami U Df a omc m � = U22 00 «° � m Y > > w FU m J r C O O Y d C > m m O m d E U .N L U m d m W O N L L j m m 0 M O °_ d d D m C Z UCrLL 0 W LL2 W ULL' U (� U = � ZLLLL JUU � Z a > _ = m W 2 W N (D 00 anO nNO nrO Wn(O M OC(p OVr O((OO (0D OoN O nn wr On or an oN nLL� OO) O�o!) (CcOD m(NO m M N N M v IN (O - - - - - - - OOoOOO OO OOO O O OOOC)UO ((Op Mr On M O O O O d a O d N m U ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE.,NW CANTON,01110 4471 8-293 3 EDWARD J.ZINK(1921-1996) Telephone: (330)492-2225 "ADMITTED TO PRACTICE IN LARRY A.ZINK* Fax (330)492-3956 FLORIDA Cellular Phone: (330)495-0171 E-Mail: LAZOHIO@aol.corm 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax: (954)428-3672 January 25, 2007 Mr. Lester Garcia DHL: 62311729141 Dania Beach Code Compliance Clerk City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No.: 02-3248 (Abatement Request) Dear Mr. Garcia The undersigned is attorney for Palm Beach Polo Holdings, Inc. A Formal Hearing is scheduled before the Special Magistrate for Municipal Code Compliance on Monday, February 51b, 2007 at 6:30 P.M. I am enclosing herein a binder prepared for Palm Beach Polo Holdings, Inc. setting for the Polo Holdings position as to why the fine should be abated and the lien released. Please provide the binder to the Special Magistrate before the Hearing. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. Larry A. Zink, Esq. LAZ/mab Cc: Palm Beach Polo Holdings, Inc. in-rfiles\pbholdings.510A02-3248\garde-dania beach code compliance-doc SPECIAL MAGISTRATE DANIA BEACH CODE COMPLIANCE 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation Case# 02-3248 Plaintiff NOTICE OF FORMAL HEARING (Abatement Request) vs. PALM BEACH POLO HOLDINGS, INC. Respondent(s) TO: PALM BEACH POLO HOLDINGS, INC. 11199 POLO CLUB RD. WELLINGTON, FL 33414 You are hereby notified that the City of Dania Beach has alleged that you are in violation of the following Code Section, Code of Ordinances, City of Dania Beach, Florida. FBC 104.1 A copy of the Notice of Violation of municipal ordinance, previously served upon you, is attached. You are further notified that the SPECIAL MAGISTRATE FOR MUNICIPAL CODE COMPLIANCE will hear and try the alleged violation at 6:30 P.M. on February 5, 2007 at the City of Dania Beach, 100 West Dania Beach Blvd., Dania Beach, Florida. IMPORTANT— READ CAREFULLY I. You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance. Please bring this NOTICE OF FORMAL HEARING with you. 2. If you have witnesses,books, receipt or other writings bearing on this alleged violation,bring them with you to the hearing. 3. If you wish to subpoena witnesses, see the Dania Beach Code Compliance Clerk, City Hall, 100 West Dania Beach Blvd., Dania Beach Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the Special Magistrate for Code Compliance with res?ect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appear is to be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Dania Beach Code Compliance Clerk, leave your name, phone number, and case number and an inspector will recheck the property for compliance. 7. In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact the Code Compliance Special Magistrate Clerk at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3646 not later than two business days prior to such proceeding. DATED at Dania Beach, Florida, this 12`h day of January 2007. Dania Beach Code Compliance Clerk i3y: Lester Garcia (954)924-3790 Certified Mail 7006 2760 0004 7017 5354 Also sent regular mail xc: Zink, Zink &Zink CO., L.P.A. 3711 Whipple Avenue N.W. Canton, OH 44718- 2933 Certified Mail 7006 2760 0004 7017 5361 CITY OF DANIA BEACH, A FLORIDA MUNICIPAL CORPORATION , PLAINTIFF vs. PALM BEACH POLO HOLDINGS INC. RESPONDENT CASE NO. 02-3248 RESPONDENT PALM BEACH POLO HOLDINGS REQUEST FOR ABATEMENT AND RELEASE OF LIEN AND SUPPLEMENTAL MEMORANDUM IN SUPPORT OF REQUEST FOR ABATEMENT AND RELEASE OF LIEN HEARING BEFORE THE SPECIAL MAGISTRATE FEBRUARY 5, 2007- 6:30 PM ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVENUE N.W. CANTON,OHIO 44718-2933 EDWARD J. ZINK(1921-1996) Telephone(330)492-2225 *ADMITTED TO PRACTICE IN LARRY A. ZINK * Fax(330)492-3956 FLORIDA E-MAIL: LAZOHIO@aol.corn 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax (954)428-3672 July 14, 2006 Clerk — City of Dania Beach City of Dania Beach Code Enforcement Board 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No. 02-3248 750 N.E. 7th Avenue, Dania Beach, Florida Dear Clerk of the Board: Enclosed is the original and two copies of Palm Beach Polo Holdings, Inc. Request for Abatement and Release of Lien. Please return a stamped filed copy to the undersigned in the enclosed self-addressed stamped envelope. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. 1� y . Zink, Esq. LAZ 1mab Enclosures m-rFi1es\pb]ho1dings-6\510,danIabeachdocUania code enf board.doc r CITY OF DANIA BEACH,FLORIDA CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, a Florida Municipal Corporation Plaintiff, Case No. 02-3248 vs. PALM BEACH POLO HOLDINGS, INC. Defendant. DEFENDANT PALM BEACH POLO HOLDINGS, INC. REQUEST FOR ABATEMENT OF FINE AND RELEASE OF LIEN 1) This request is for abatement involving certain property located at 750 NE 7th Avenue in the City of Dania Beach, Florida, 120-39 B Parcel A less E333 and less N 249 and less Dania Canal (40235 17 0030). 2) On April 26, 2002, Palm Beach Polo Holdings Inc. applied to the Broward County Environmental Protection Department for a license and permit for docks and pilings for a certain property owned by Palm Beach Polo Holdings located at 750 NE 7t" Avenue in Dania Beach, Florida. 3) On September 19, 2003, the Dania Beach Code Enforcement Board issued a Final Order to bring the violation specified in said Final Order m-r51es\pbholdings_510\02-3248\req abatement-fine rel-hen.doc t relating to a permit for docks on Polo Holdings property, into compliance on or before December 18, 2003 or pay a fine of$100.00 per day. 4) On January 22, 2004, the Board issued a Supplementary Order granting Palm Beach Polo Holdings request for extension of time for imposition of the fine until March 17, 2004. 5) The per diem fine of$100.00 per day commenced on March 17, 2004. 6) On January 31, 2005, the Broward County Environmental Protection Department made a Final Determination denying the request of Broward Yachts, Inc. for a license and permit for the Docks. 7) On February 7, 2005, Broward Yachts filed a Petition for Review of Final Administrative Determination by the Environmental Protection Department ( EDP). 8) On March 30, 2006 a hearing was held before the Hearing Examiner on Broward Yachts Petition for Review of Final Determination. 9) On May 23, 2006 the Hearing Examiner issued his Final Order (Exhibit 1) which found that "The administrative decision denying the license/permit application to maintain docks is quashed and the matter is remanded to the EDP to take appropriate action in accordance with this Final Order." 10) On June 13, 2006 the Broward County Environmental Protection m-rfiles\pbholdinas.510�02-3248'veq abatement-fine rel-lien.doc 2 Department filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 11) On June 14, 2006 G&G Marine, Inc. filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 12) On June 23, 2006 Broward Yachts filed its Responses to the Motions of the Broward County Environment Protection Department and G&G Marine. 13) On June 23, 2006, the Hearing Examiner issued his Omnibus Order (Exhibit 2) granting in part and denying in part the Post Hearing Motions. In the Hearing Examiner's June 23, 2006 Omnibus Order the Hearing Examiner specifically found that: 1) Petitioner (Broward Yachts) has fulfilled its burden of showing that the EDP's decision was not supported by substantial competent evidence; and 2) Broward Yacht may maintain the five existing docks and repair and replace them. 14) On January 31, 2006, the current tenant at the subject property did obtain from the City of Dania Beach a building permit for docks and pilings, Permit No. B-06-0087. 15) On February 7, 2006, the City of Dania Beach did issue a partial final m-rfi1es\pbho1dings.510\02-3248',req abatement-fine re]-lien.doe 3 on the Permit B-06-0097. 16) Palm beach Polo Holdings requests this Abatement and Release of Lien based upon the chronology of facts set forth above. Throughout the appeal of the EDP decision Counsel for Palm Beach Polo Holdings has kept the Dania Beach Attorney, Mr. Tim Ryan, advised as to the status of this appeal. Based upon the Hearing Examiner's Order, EDP erroneously denied the license and permit applications for the docks which applications were filed on April 26, 2002. The fines which are the subject of this request for abatement were not imposed until March 17, 2004. None of the fines would have been imposed if EDP had approved the license and permit applications. The Hearing Examiner specifically found that EDP erred in refusing to approve the license and permit applications for the docks. Respectfully submitted, Larry A. Zink;Esq. Florida Bar No. 0109592 ZINK, ZINK & ZINK CO., L.P.A. Ohio Office: 3711 Whipple Ave., NW Canton, OH 44718-2933 Telephone: (330) 492-2225 Telefax: (330) 492-3956 m-rfdes\pbholdings.510\02-3248\req abatement-fine rel-lien.doc 4 Florida Office: 1198 Hillsboro Mile Suite 244 Hillsboro Beach, FL 33062 Telephone & Fax: (954) 428-3672 m-r51es'pbholdings.510\02-',248'veq abatement-fine rel-hen.doc 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U.S. mail on this JY -day of July, 2006 to: Timothy M. Ryan, Esq. Dania Beach City Attorney Ryan & Ryan 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Fax: 954-921-1247 Larry A. Zink, Esq. Florida Bar No. 0109592 m-r61es\pbho1dmgs.5IM-1-324Kreq abatement-fine rel-lien.doc BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, V. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. FINAL ORDER This matter came before the Hearing Examiner on March 30, 2006, at the Government Center West location on Broward Yacht's Inc.'s ("Yachts") Petition for Review of an administrative decision denying a license and permit application to maintain several docks in an easement waterway abutting property owned by Palm Beach Polo Holdings, Inc. ('TB Holdings"). At the hearing, the Environmental Protection Department was represented by Michael Owens, Esquire, who presented the testimony of Julie Krawczyk, Natural Resource Specialist 11. The Petitioner was represented by Larry Zink, Esquire, who presented the testimony of Glenn Straubb, the President of Palm Beach Holdings, Inc. Also in attendance at the hearing was Steven Ganoe, President of G&G Marine, Inc. ("G&G")t ' In the administrative process, G&G; by way of a letter from its lawyers, objected to permitting the docks to remain.Notice of the hearing was published in the Sun-Sentinel on March 18,2006 and March 26,2006, and on March 14, 2006, counsel for the Petitioner diligently attached the notice of hearing and sent it to G&G's attorneys, by e-mail. Ganoe presumptively appeared at the hearing because he received notice through one of these channels. However, G&G apparently made a tactical decision not to have Ganoe testify or to support its objections with evidence. This essentially left the EPD and its fine counsel with no evidence to support G&G's objections other than the hearsay evidence contained in G&G's lawyers' 6:'kt4 -t FINDINGS OF FACT The pertinent facts surrounding this proceeding are largely undisputed. On May 5, 2002, the Broward County Environmental Protection Department ("EPD") issued Warning Notice No: WRN02-0125, to Yachts, a then tenant on the property, and PB Holdings, the owner of the property, for constructing docks and installing pilings at 750 NE 7h Avenue in the City of Dania Beach, without first obtaining an Environmental Resource License. As corrective action for the alleged violation, the warning notice required that Yachts and PB Holdings apply for an after-the-fact license to maintain the docks and pilings. Yachts submitted applications for Environmental Resource License No: DF03- 1121 and Environmental Permit Application No: 06-0194386-001 to enable it to maintain multiple docks in the easement waterway. The Petitioner offered into evidence photographs of the easement waterway showing that the docks have been in substantially the same area since January of 1985. While the EPD argued that the docks were facing slightly different angles in the photographs and that there was perhaps some discrepancy in the application submitted by Petitioner, the bottom line is that these docks in some shape or form have existed in this area for over twenty one years and have been used for substantially the same purpose for those years. In the administrative review process, only G&G and the Port Everglades Pilots' Association lodged objections to the docks, but the Pilots' Association withdrew its objection when the Petitioner agreed to remove a proposed 6" floating dock from its letters.Although hearsay evidence is admissible in an administrative hearing to corroborate or explain other evidence, it may not be used to support a finding not otherwise supported by competent substantial evidence. Spicer v. Metropolitan Dade County, 458 So.2d 792(Fla. 3d DCA 1984); Pasco County School Bd.v.Florida Pub. Employees Relations Comm'n 353 So.2d 108 (Fla. 1st DCA 1977). 2 application. The criteria to be used in determining whether a license should be granted are found in Section 27-337 of the Broward County Code. The only relevant standard to this proceeding found in that Section is Subsection (a)(1), whether the docks will adversely affect public safety or welfare or the property of others. No evidence was presented that the docks, which have been in existence at the location since 1985, have ever caused an accident or that they impede G&G's reasonable use of the easement. Moreover, while the EPD does have the right to regulate these docks and the navigable water upon which the docks rest,the easement area is not generally traveled by the public and more or less serves as an entrance to only two businesses, G&G and that of the Petitioner. CONCLUSIONS OF LAW The Hearing Examiner finds that no substantial competent evidence was presented that would support or warrant the denial of the license and permit sought by the Petitioner to maintain its existing docks. The administrative decision denying the license/permit to maintain the cocks is quashed and the matter is remanded to the EPD to take appropriate action in accordance with the terms of this Final Order. Done and Ordered, on June 5, 2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq. Larry Zinc., Esq. 3 BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, V. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. OMNIBUS ORDER GRANTING IN PART AND DENYING IN PART POST HEARING MOTIONS This matter came before the Hearing Examiner on Respondent, Broward County Environmental Protection Department's ("EPD") Motion for Reconsideration of Final Order and G&G Marine, Inc.'s ("G&G") Motion for Rehearing and/or Reconsideration, and the Hearing Examiner having reviewed both motions and the Petitioner's response thereto, it is ordered as follows: 1. The EPD argues that the Final Order entered in this matter was erroneous because the Hearing Examiner applied the wrong standard of review and burden of proof. If a decision made by the EPD is not supported by substantial competent evidence then the decision is arbitrary and capricious. The EPD seems to really be arguing that the hearsay evidence contained in G&G's attorney's letters are sufficient to establish that the docks present a safety hazard or adversely affect navigation. 2. To accept this argument would essentially place the administrative decision made by the EPD beyond meaningful review. If a neighboring property owner could file an objection in the administrative review process and then not appear at a hearing and make themselves available for cross examination, it would negate the need for an evidentiary hearing and would likely amount to a denial of due process. In essence, this is how the Hearing Examiner process differs from a petition for certiorari filed with the circuit court or district court. On certiorari, no evidence is taken and the appellate court simply determines whether the essential requirements of the law were observed based purely on the record established before the lower tribunal. 3. The Hearing Examiner has reviewed the evidence and is satisfied that the Petitioner has fulfilled its burden of showing that the EPD's decision was not supported by substantial competent evidence. See Etienne v. Muvico Theatres, Inc., 792 So. 2d 648 (Fla. 3`d DCA 2001). Therefore,the EPD's motion is denied. 4. G&G's motion's requests certain relief that is not inconsistent with the Final Order. Specifically, G&G requests that the Final Order prohibit the installation of additional docks and prohibit increasing the size of the existing docks. S. The Hearing Examiner's decision rested in part on the fact that the docks were in place for many years and that there was no evidence presented that the docks caused a safety hazard or adversely affected navigation. However, it was certainly not the intent of the Hearing Examiner to authorize the installation or maintenance of additional docks, nor was it the intention of the Hearing Examiner to permit the Petitioner to expand the docks so that they protruded further into the waterway shared with G&G. 6. The Hearing Examiner viewed Petitioner's docks as being akin to a non- conforming use, which is permitted to continue to exist, but which may not be enlarged. Thus, this portion of G&G's motion has merit and is granted. Petitioner may maintain the 2 five existing docks and repair and replace them, but may not do so in a manner that causes any of the docks to protrude at a greater length or distance into the waterway. Additionally, Petitioner may not construct or maintain any docks other than the five existing docks. 7. G&G also requests that the Hearing Examiner prohibit the Petitioner from berthing yachts and large vessels. At the hearing, there was no evidence presented concerning such activity or its impact or potential impact upon G&G. To the extent G&G has this concern for future activities or operations, an application for an injunction in the court system is the correct avenue for relief, if warranted, rather than interjecting this issue into this proceeding after the final hearing has occurred. Thus, G&G's motion is denied other than the relief granted in paragraph 6. Done and Ordered, on June 23,2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens,Esq. Larry Zinc., Esq. Michael Garcia,Esq. SPECIAL MAGISTRATE DANIA BOARD CODE ENFORCEMENT BOARD 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida Municipal Corporation Case No.: 02-3248 (Abatement Request) Plaintiff, (Hearing Date 02/05/07 At 6:30 P.M.) vs. PALM BEACH POLO HOLDINGS, INC. Defendant. RESPONDENT PALM BEACH POLO HOLDINGS, INC. SUPPLEMENTAL MEMORANDUM IN SUPPORT OF REQUEST FOR ABATEMENT AND RELEASE OF LIEN On July 141h, 2006, Palm Beach Polo Holdings, Inc. (Polo Holdings) filed its Request for Abatement and Release of Lien with the Code Compliance Clerk. A Formal Hearing is scheduled before the Special Magistrate on Monday, February 5`h, 2007 at 6:30 P.M. on Polo Holdings Request for Abatement and Release of Lien. This Supplemental Memorandum will set forth certain additional facts which are relevant to Polo Holdings Request for Abatement and Release of Lien which facts clearly establish that the fine should be totally abated and m-files\pbholdings.510\02-3248\supp mem supp abatement& release.doe 1 the lien released. 1. At least five docks were located on the property since June 291h, 1987 (See Affidavit of Christopher Denison — Appendix 1). 2. On April 26th, 2002, license and permit applications were submitted to the Broward County Environmental Protection Department for the docks in issue (Appendix 2). 3. On September 19th, 2003, the Dania Beach Code Enforcement Board issued its Final Order to bring into compliance that alleged the violations relating to a permit for the docks. It is Polo Holdings position that the permit for the docks was obtained when the five docks were installed in June 1987. 4. On October 24t1i, 2005, all of the docks were destroyed by Hurricane Wilma and no docks existed. 5. On December 13Ih, 2005, the tenant at Polo Holdings property submitted an application for General License for the docks (Appendix 3). 6. On January 6th, 2006, the Broward County Environmental Protection Department granted the request for a General License (Appendix 4). 7. On June 5`h, 2006, the Final Order (Appendix 5) was issued by the Hearing Examiner for the Broward County Environmental Protection Department which Order specifically found that with regard to the April 26th m-rfiles\pbholdings.5 1 0\02-3 248\supp mem supp abatement&release.doc 2 2002 license and permit application "no substantial competent evidence was presented that would warrant the denial of the license and permit sought by the Petitioner to maintain its existing docks." 8. On October 26"i, 2006, the Broward County Environmental Protection Department issued its Notice of Intent to Issue Environmental Permit & License (Appendix 6). 9. While the license permit application was pending with the Broward County Environmental Protection Department, Polo Holdings kept the Dania Beach City attorney, Tim Ryan, fully advised as to the status (Appendix 7). 10. The sole and only reason the fine accrued was because the Broward County Environmental Protection Department wrongfully denied the license and permit applications submitted on April 26'1�, 2002. Conclusion For the reasons set forth in Palm Beach Polo Holdings Request for Abatement and Release of Lien and this Supplemental Memorandum, Polo Holdings requests the Special Magistrate to abate the fine in total and release the lien on the property. Respectfully submitted, Larry A. Zink, Esq. Florida Bar No. 0109592 m-rfiles`.pbltoldings 510\02-3,248\supp mein supp abatement&release.doc 3 ZINK, ZINK & ZINK CO., L.P.A. Ohio Office: 3711 Whipple Ave., NW Canton, OH 44718-2933 Telephone: (330) 492-2225 Telefax: (330) 492-3956 Cell Phone: (330) 495-0171 Florida Office: 1198 Hillsboro Mile Suite 244 Hillsboro Beach, FL 33062 Telephone & Fax: (954) 429-3672 m-rFiles\pbholdings.510\02-3248\supp mein supp abatement& release.doc 4 F7111 :ZINK LRW DFFICE F=X NC. :33043-7335S jam. la 2a35 D4:03FN PI F[BA: 2[NC Z'VK 71K4 ` `\ FPX NO,a SSB�937956 es-Bs-e� n,eah AFFIDAVIT crr-CHRISTOPI�R DENISON STATE Of UDAWAV SS: COUNTY OF The wtdcnigt 4 fhefsttow Der6m bainS &a d ly swam does hereby state bmd upon pereoaJ kxawiadp and belief the fallowing: I) Attaded he mo aS Wibit I (s a genuine, trap and correct copy of a certain Cross tiso F*3e ment far DIMSS and Eor=damd jwn 29, 1907 end recorded in the Broward Cc"ty Florida, Divlelon of Re Ms,O,R•13. )4904 pg. 165 (Min 623etn-ent), 2) As of lane 29, 1997, 1 was PreBldent or Denison Marine Inc., the Grantor of the F.asemem 3) An of June 29, 1987,these were EVc(S)doCks located within the 2,864 area rnfamd to as the Parcel 11(Denison Marina property)as set forth in Exhibit 9 to the Easement 4) It was not the intent of the panics to the Easement that the five docks described in paragraph 3 above would be removed, and in fact, the Easement does not provide for the mmoval of said docks at any Tim-. 5) From the date of the Easement (June 29, 1987) tm it m•rfitcstpblroidsgt 510'dcnkmuliMait.wV1 a . 1 d oimuc 63L 056 [ 5 i4 A uos{u�Q �� �Ro a -4- i FI.CM :ZINK LAW OFFICE FAX ND. : 3394923955 Jan. 19 2535 04!09PM P2 FBiq, ZINK 21kk 21RC rR.i SSB1923TSG Bi-it-Of Ilrfiip r'.iI- apprGx'mately dRH,being a tlne period orsixtaen (16)ym, I am not ewete of anyone, either orally or in writing, claimiU that tlta 5 docks eneroachM on any provision Of the Fascmcek qMQ emson AtfiwYeP, STATE OFXLQPtDA CDUt TYOF-)� I hereby ce*titj that on this date, beiara me, personally egpeared CHRISTOPHER DEMSON, who it p^saonelly Imawn to me or who provided Proof of ideatif=6o0 and did under wth sigo the STagaing affidavit, IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at' this 5-' clay of May,20(A. May Public My C=uxi a;m rmpkea: 'ThIS h1u1LIrYG1 progired fry: 6LLSAN HA{i](W 14 A.Zink, muf➢Pi�4 Stitror Maw Yark m No.o16Aaoai,29a 2NK.I M!ZOM CO.,I,P.A. QUSRVl c is RirhrPooO County 3711 WtdppL-Am R.W. Cimadiebn Fipres 9e01.24,24.�� Camas,OH 4471$-V.13 ' Pham (330)491.2225 Fax: (3.10)492.3936 ' tvTt{Im`pSkiNir�.S I DldenicondSdfi.iLTrp7 T end ❑b BF E9L 64B vajvC 14 eA uoa, uzp RC)''l J .. P RxJS ,. ..1. :S...i y'; :, 1# lo T)u t:.�i ♦r �.,� x t S •''M FO 101971 ce--a:t5. 7yx Y =3 .,._ ^ P1 kF:fLo arg,.,.c. a cc i,t c ycm llicnssc.appl€caio',. (a) One(1)original acid hs<o{2)copies of DYP Po= G2-343.9 DO(1)nr SFW34i77 roan 09 i1 Oat(I)orig:sat Ind;tsn(-)conics of tbc addcndaat to LEP e a.=G2-343 G30M -) our(4)'tep'i;lt sets of dratsitgs on 8 V2`X 11"elmcs. rill:do w3 Ys should 1D Ia3c: (I) A„ir3n+_y rnzp shLwirg icy ins znd c>"te t cftSs prnj as aro,,cscd; (Z) I'Ln v"sely Rnd cross.stctdt;nal t^:csv drawings'i�iuc`d identify the Mglnttrinn an d envu oomtn tRl Mali tic nt Will.6 presently trio It tht site,and 13) Pl_Rvk, ,Enrt -m ___ ,n:.:lf._... . ntir�'41f f byM.r g .Rd. cnv,roaracnw condi.ntsrs as lacy are ap.tr fl:c jrnj=t i - _. . r TL-e a^ -o ria t Ci.md`ec accoai•� m Cne A -ia ad titC:and F�-s�.r.,_s..sW.^;s,.Fez S:hcd.;tc. l Pp• Y a' x� ..g �' .. [e). 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Has Lht-DcD:Y:ncat ccnducicd aJv>-is3' ama.l Dc:c,'aa to o;s f is p:apert}? j ]Y:s [3 vo (I y+ s,IL�.s-p;') G. Seawalls:' PiP. p rc-vct=zz Ieab''.}i Slog{e i-� Toc Wi dih: Fup:ap at foc of sca,al'ltnyil;; Sln Too y,5dt'n: Size acid dcscri�iion of.,pmp: 7. Dazlz ;'Piers,and C c ii'alr.Str.Tctur_s: ToW Nllnb.-cofSfi : —^c1ANunb.rofMmrin Pang: ?.atigtii n u3i`. i?cight abcvc Number of Fin gir YiCrs: Cs :•Lcngih �(=+�.�5 '4i5 0ilt 7'.5' TDldf Arcaof Stmctores ovx Wztcs aadicr Wctimcis- , 3 S 7 *— (sgiure fc-') P;4 Nuinbur fmarngsovc. lo lot t ro-ncd: _:'IDpoSCtl;:clg91: (iL„Ui2T�C:Cr1:)� j�� 'a,j,r,7fal ?croon fD,€:[c,aticn: / S is t is p7-oject c,=st nl oriih the existing Ia_nd.usc and zoning 7nqui7cmc�s ofEro a.'t Cvary:y znd th-5ppro-)r:atc : rodnicipaiity7 !'lt^eprovide proof ucx&,tC'ty and CoLn_y2atyour:irocclisconhltDt. 1 D. Pr:,jctt gcr:^_rz:cd solid w_ac: PTPViCjC a dc:ailcd dcscriotion aLd csiiraatcdv_9umcs fit all solid 2ndror'siz»dcus vvres irit_cipatcd to bcgt='Il d during L;c 1 icy c pf;:c P:op CScd P. E cl aid l:,q it u'iI be ma^.zgcd 0n;*c s �. Will=tycfthcwmzlcsbcascdon -to asfmi it s,pirzsed_ccribci: bcuscd;indiczte all tnc dra voings wL-c:e it w;ll be used,sad what s --ps will be used it p;evert subsi3=: ) Describe tbc.-.,czsu.cs&,it will uc emplcye4 to in;rc P.iat a nat=riid plzctro;t a•19 no:occ[:r. I'rovido he name,addr^,s,a:.d naonc num;,:s �;CiiCi ated ^`thccantacw:Ii;)*c.p17ziblc far Mon 2d dsr�*a_an 1 =I:.:gi: epYn' c t9• Appllcaiionismadcaraliccri;etoau:boric:beaa-titiesd�cc;hedherein: ' A. I nndet`SWA I r J have to pmvidc zddiiionu that may b-.ner�•y io show that ti:c prop=d projcctwill comply with Sm6ors 27-331 through 27-341,titicd Aquatic and Wcllzad Rcsourx proiccticn,ofihc Natur81 Rcso==proicctioa CDac- 3. In addition,I ague to prcvidc entry to,Improj=-site,for ir..Yc'=w�wifi proper i3 5 tiar.,for-{hc'PumDse for 7dtici�•ing the silC as cove;ed.by tie;c pc of scctiors 27-?3 i',.h:orgh 27341,titIc3 Agnztie zn3 is'ctiutd Rsoarce piroiccticn. - C. ^=ur"ner,T bcieliy aclirc lnda+`•.obligation and respresn7i3 fr obi 'r.ng zil of Ir rcnL^-3 szt1c,ird 1,mid local p::m;its bcbrc=Dmaocc. -"t of cc;�^_vafi4c aWv is. D. sitanld 1bc irf=mica I proyWc notbc mitq=to,rek iea,i undc•azr:d 1': r ilepar`stars nat CEi-mCd 1a issue a Ctnprcbmw^vc Cc nIplctcncss Sasninuy. ' T 7 CERTTFICATIrM 1: T ccii;y that t mn I'Wm l arW ith'tb--;rfoanviori con lit it din l:s applicatioa,and thzt.o the be t of my k:,awWi;c wad belie sutra,iato:nat;oa is tmq C.,^ytolctc aad accutatc.-I fur"Icr ec:tij lhY T pos<ess the auL'zo,:ry to undertake tbep>•oposai aCii#iti�. Shauld z Da p£animnr�en}�'-I Rc,curecI,ieease.trgranted;T aeroby ec-ts5^l:a. I will comply with 19 s:cir_•ral znd soccific conditions c( hal Licc sC and iib the Brown d Co ty Na u a]P-csa roc p.•olc .��^ C d ....,, o�, eQQ(Cha�-pter�V,C: No. s z 90-49, -,tcadcd.) SignaahzrcofA(�pplic tt Typcd/Printed Natnc ofApplicaut _ 'co, oralc7itle ifapp'licabic) Wotarizatioa: L -. STATE OF L14 COIJNTYOF 3IVL-'�Jcrl— is Thefrcgoing =-cmt wzs-,zknowIcdg--J bt`07t Di, this day'of 416 , . .. w}to>s persoc,elfy knmv to me/o'r yylt hzs prod^_gyred- J y zsL� -- NI)'cot:Dz' ssiol zxpL"cS N=C: V7JJfiM4�H31JAH9� , .t9T .mIYOUnf "'r Jfe�.. ED GS — _ —_-•• •• v F ' Mil C[ iJi yk ^ys p� F SECTION A . CUe..4pp4=or, De INUD AppDcn-n >i�e rp?G inn ReoB'uzC. - D.-t-Appicutionr propeSed Pmjec' La.T. Fee'reseiv€,d 5 proposed F-nyea Lcrig., '�� .Fee necelpt Y PART 4: Are any of the active desarlbed in this application prcpcsed to occur in, on.or atcre�e5anns ar , oLh rl r¢ace n2`trso(�Yes ONO /r Ire �C .^i�' i.r. i vy gyve_.v ei�� SAT-i�Jiy%or"I`3,nr'igau dstri i? s is 2',s 2:3-5ro .,a; v,.i,'1 ed � �!` - �..,. L3 Y_S 3 PART 2: A i ype of Environmental Resource Permit Requested (check at!east one), See Aldachment 2 for threshoids and descriptions. t i Noticed General-include information requested in Section a. :r Standard General(Single Family Dwelling)-i niude infomation Reuested in Sections G and D. lD Standard General f al other Standard Generaf projects)-include-information regves ad in Sec`,ioras C and 5 0 individual(Single Family Dweinng)-'snctude informaton requested ir7 Secuuons C and C_ G 1 ndfAdual (eft other individual projects)-include information requested in Sections C and F. t7 Con sptuat include information requested in Sections C and E- o' Mitigation Bank Fermi( onsiiuchon)-include inlor:nation requested in Sz:.tion C and F- (If the proposed rnil gAnon dank involves the canslructioa cf a surface w3iet manager cn system requiring another pen, tdefined above, check the appropriate boX and su5,nit the inform?ion requested by the applicable section.) 0 Mibgaf on Bank(conceptual)-include infbrrnafion requested to Section C and F. B. Type of activity for whin s you are app ping(deck at least one) G Ccrasfiv:`von or operab3n of a neu systarrt,other fti3rs a scud waste factiiiply;including. dredging or filling in,on or over wetlands and other surace waters. rI Construction,expansion or nodifcation of a solid waste facility, II Alteration or operation of an axdsting syslem which was nct previously perrn?ted by a MID o{ DEP. 0 MDdific3tion of a systern previously permitted by a MOD or DEP.Provide previous permit numbers.. D Afte ation of a system ❑F. tension of permit duration ❑Abandonment of a system G Construction of additional pfases of a system D Rernaval cf a system C. Are you requesting authorization to use Sovereign Submerged Lands. �Y o (See Section G and Attachments for more information before aasvtenng tF s gu stion.) D. For scthibes in,on ur aver wetlands or ether surface waters, cheek type of Jena]dredge and fr,permit requested o indlvidual D Prog amrn-aiic Genaral L3 G . er-al t7 Nasonwide Not Applicable E. Are you claiming to qualify for anexemp5on7,Tvlc s CI No if yes.prosnde rule number g t nuwn pNNN'�"" Pa:go 1 of 5 ✓F^d '�. i 1 'tir..p OST b Lc FART a: !l OWY.E?)5)DF irtD I 3. �r:.�TO itc�rf�a ii7FT#I-*Gia�R ih�6?fi!"'iiL°1 isa 35 3, � C. 'nGcYtr kUYYw '--1' iG«�-�LUf2E Pi:'iG'di!'. D. :CONSULT MW DGFFRFNT FROMAGEf7ij YM7- i tt 3�fIt tiw t' c �70(o Cih'(Yltr tsrl K-t- 3530'7 PART 4 (Please provide mehiti aqr*- e�i for fiede ;ly f rt;ed projects}: A Name of project, including phase if appB,:abl-- is h:s applicafiion or pa t of a mu1L-phase p:o ec O Yes KNO G: Tom t applicant-uv+ned area con.iguous to the PT&jart = ac.; "' he, D. Toni area served by the system: az. he. E. Impe,-vious area for which a permit fS sought ar, ha. F- Volume of water that the system is capable of impounding; ac ft.; - r7' G- V4,at is�,lje total a-ea of wot in,on or aver wetlands or other surface wa'ers7 H. Total volume of metalial to be dredged -- yd'; M3 k Number of new boat slips proposed:��__wet slips; dy slips f��Tvf Slfs' f Page 2 of 5 PIP AL I P AR 5: s r(D)eoi locatjw ("seaddltl ,ai sheets{, if ne=dcd): 4:T�'nf�J(i^Ca) f✓1 S�kl�J'r'i f C - Sec*Jan(s) Township Ra.age Secfioh(s) Township So S Ra,?as r4Z 1� SLsbon(s) Ta r,ship Rang= Land Grant nary, ii app:i:abfe Tax Panel :danHjj aUon Number So 7 ! 7 O b Z.J St-eat a;cr mad,_d oroth rlac lion 17 O i4r C ,de VM- plt,ao1e 4t J PART 6: Ges bz €n gen toi+terms the proposed projact, systzr, �r a-:iv:f�. Page 3 of 5 �t ✓;PP F:F1 4 A. H there hava �een any pre apGllSatld:nYeeiings I' c!udinu on sji'_rn-efiJ19s, 1l Ji rep L:is`,wf phase I1st ttha d3i;• aj, loczt,Dr.ts),and riapes of k.-y and pr D:i-,-t B. Piease Jdent fy by nunber a y M.SS YN'Velland resourcelERPIACOW permits peraing, issued or danicd TOr proja ats at td e;Dca�Dn, and airy r_jas`u e'nf)rce'Tent aC bon S. Agency bate No.iType of Application Action Taken C� Mo'e• The fDllm nq infcrtna,ion is reouired for aroiec'ts pmnosed to nccar in on or everwgLtlands .hatreed a fade 1 drecae and ri5 Derrikor an authorization to use state o tined submaMed iaDds Please provide the names,addresses and zip codes of properly owners whose property directly adjoins preject(excluding appRca nt)and/or(`ot prop„etary auto onzaScns)is located vri:hin'a 500'. radius of the applicant's land. Please attach a plan view showing the owner's narn=_s and adiD n g prcperty lines, 4.ttacrh adcffan;al shaets 6f npsp--F' 5.T 2. 3, 4. 7, s. Page.4 of 5 A. By orlipa th;s ePD)ying, or i a7 apph no 0,1 Dt the for ti;e Darml', and any prop,-etary �,uI1-iDnza1jor ? �is ideriliFied 8bove, ac�-ording to the SL:pporting data and o-,har irio-dental information (fled ivit^ this application. I E!pl farnif at %%,:1h 1 16 the irJOTM.'atio'i Contained in Th:S 27)"!icatic-n and represent that 5uch information On i?true, Drni�lete and accurate. I understand this is anLi appfication and not a permit, and that work prior to aPiarvval is a vWatj?n. I understand that this application and any permit issued or proprietary au-,hoiza,1:in issued pu=ant lfaretp, does notrc!ieve [Tie Of any Obfigation lot obtaining any other raqui,ed federal, state, Water Man8gernent district Or JoCRl permit prier 10 mma- n_eMent Of Con,tTurtiori. I agree, or I agree on behalf of the applicant, to operaTe a maintain the permitted systarn unless the permitting acer)C:Y aUthoCiz--S 1F2n5feT Of thtl PBVMIt to a responsible operation en-CiTy. I understand that knowingly -mal,.-ina any false statement or in his applioot5clrk is 8 violation of Section 373,430, F.S. and 1 B U.S-C. Section 1001. Typed[Printed Name of Applicant (If no Agent is used) or Agent (if one is so eu'thorll7ed b. ovv)/ Sgna- ,ure of ApplicantlAriprit Dzta i Ira �pr1 IT— iCorlporiate Title if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLLOWING: B. 1 hereby designate and authorize the agent listed ebDvf. to act an my buhiaiz or on ophalf y 1 1, corporation, as the agerit in the processing of this application far the prmlit and)or proprietary authorization indicated above; and to fumi$h,on request, supptarriental information in support of the application. In addition, I authorize the above-listed aiguntto bind me, or my corporation,to perform any requirement which may be necessary to procure the parmit or nuu"rizatii:ln indicated above. I Understand that knowTngly making any false statement or repro--en tati Dn in this a.ppjication is a viciaticn 01 Secf1crt 373-4313, F.S. and 18 U.S.C, Section 100 1 Typed/Printed Name of Applicant Signature of Applicant Date I (Corporate Title it applicable} pitts. I sigrittur.r ter t Is Le b PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING: C. I either own the property described in this appficaftrt or I have legal authority to allow access to the property, and I consent, after receiving prior notification, to any site Visit on the property by agents or personnel from the Department of Environmental Protection, the Water Management Oistrict and the U S. Army Corps of Engineers necessary for the review and inspecsion of the proposed project Specified in this application. I authorize these agents at personnel to enter the property as many times as.maybe necessary to make such review and inspection.Farther, I agree to provide entry.To the project site for such agents or m�personnel to qnr-tDr &rrnittpd Work if a permit is granted Typed/Printed Name Signature Date-, iCorpDrate TilJe if applicnb;e) Page 5 of 5 8i� 1�5I} hl _ �� T 1 •L'SK�.y �j—.._'mil F Y�'4 �y,_\`./� Fe,�� �<1 ii� G f .yi pF Ch Y -nc VEYy4sL 1F:A—CCNCFY i 1` 1 I'L_o Mtn - SIM >.:1' / lin " b t5 FAFN pnw c 4.:uebcr fLln.. � i e° s 4Y,�S A S"T l01'U� - SLUE PFSiLl. Z i[LGI / 17 is j LL— - i �Ifw. J t - IND.rtka LtJ t ((i 11 INO. PALfl I weszx uze .7 ' 330014 re, iaLH%e HOCi xAZI10E PABI 1� J � . t .f TPmx GKr,' 35, b I 3 a �f r DANI �� 1-w �• K[r. n nT i i wnl.a [ rn !-� f 6l 21 T W 0 b Y —Z ( I✓ ay! � '�:^� E /'t%r+iSY.3?JdM+ �'i ?idlr r;�f Ffti'.YJ j +. 'El =4y^ Lt+r.r ) xa v:. nwxct __ tl Q�nN.. 1 i r� I Di x Y r US !ram] J . r UJ G• a V] ry4 � �[1rriFfff t n tuJl Ol.T, f`�1� .St4 }Fk� g r Y I Y Yam' � � ` I I1rt Sn•F � Ey Ndim s r§ �� ®. -!f 5 , ¥tq- &-°)) G1,2 . a : R! I f . - � � - I � \ � m : m Z| / �. E , . ®J < ] f ] ( Zi i ^ / / . \\~ | - . , » § . _ t \ APrLICAT1ON FOR AN EN vTxOh�4ENTAL RESOURCE GENERAL LICENSELU i o AnnGcation Fee.- $ T.QDcfj Please send request to: Make Check navabke-to: Environmental Protection Department(EPD) Broward Counry Board of U Biological Resources Division County Commissioners Uj 218 SW First Avenue p Fort Lauderdale,Florida 33301 The submittal of the following information with the application will help ensure timely processing and is n,cessar for staff to effectively evaluate each proposed project: • The correct number of plans you will need stamped plus one copy for EPD to retain; • .A copy of a property survey dearly depicting the existing conditions. ?lease be,sure a1 over water strucures are clearly labeled with the dimensions. Photographs of existing conditions,if possible Qe be kept by EPD); • A location/ street map with the project site identified; • proof of ownership or sufficient interest in the project property; • Plan view and cross-sectional drawings showing the pnposed project to include: - acatrate dimension of length and width for all structures over water (seawall cap,docks,boardwalks,boatlifts,floating docks,etc.) - the Mean High Water Level (MHW),Mean Low Water and substrate elevation (referenced to NGVD or Mean Sea Level) -the height of the proposed dock above MHW -name and width of water body -presence of any wetland or benthic(seagrasses,oysters,etc.) rammumties; if maintenance dredging is proposed, please provide: -documentation of original dredged depth - plan view of dredging location, with approximate dimensions - cross-sectional drawings depicting historical,exsting and proposed conditions with elevations labeled. - amount of material to be removed(in cubic yards); and, • if the proposed project will be constructed on property owned by a homeowners or wndominium association, a letter from the association approving the ,.project _is required. 1. Authorized Agent: �u�1 r_ e�JI , —� �-• �v Street: p ��' City: ;a— Gft _ State: _ L Zi : a Fax: 154' (�iS�f�9a°I-C73� Telephone: _ (0 ) �jd-e1- 173` Email: py�-,}�- 5� �Gr-Eh AL wRt✓R E7` e/A-lel7 �A13.Z/✓C 2. Property Owner Name: 6 ��'Jf I%r 43 aOl Street: c 1'' y- State: FG Zip: City: ar-.9 Fax: Telephone: _ ySX 9aS $��$ FxT 'p5 3. Location of proposed work: Folio # (if latow'n): Street: ?60 >JE �a Aveytt'e— S City: State: rL Zip: 4. Description of proposed work (check all applicable items) Section 27-336(a)(1). �/] (a)The repair or replacement of exisrir.g.`unctior,al docks,provided that no additiorialwaterward fill is used and thenew or repaired dock is not enlarged beyond a total cf 500 square feet over-water surface area for ne new and existing structure. / I APPLICATION P'OR ANr ENV-IRO NMENTA L RESOURCE GENERAL LICENSE ( ] (b)The repair, maintenance, or restoration of existing functional seawalls no more than one foot waterward of their original authorized location. ( ] (c)The relocation within an already approved right-of-way, repair or maintenance of existing utility transmission or distribution lines and associated adjacent facilities required to effect the repair. ( ] (d)New lake or pond excavation of less than 2 aces,but equal to or r eater than 1 acre,that are not c�DnneLltd wi:h and do not exchange water with any other surface water body of wetland, except by means of a permitted overflow structure. ( ] (e) The installation of private, noncommercial docks of 500 square feet or less aver water surface area, where no dredging or filling is required except to install the Flings. ( ] (f)Projects which are within isolated wetlands or lakes and!or otherwise,in the opinion of EPD,will not significantly degrade the environment(boatlifts, mooring pilings, etc.) ( ] (g)Proposed or exis:ing rock quarry excavations (please see Section 27-336(a)(1)for additional information) ( ] (h)The construction,repair,maintenance or operation of any permitted storm water c0ntr0vtreatment structurewhen not exempt pursuant to 62-340.700 F.A.C. as amended. ( ] (i)The one time dredging of 20 cubic yards or less of sediment from isolated lakes or ponds and residential canals,with no seagrasses within the project site, where the sediment is removed from the waterway and deposited on a self- contained upland site. The installation of natural limerock rip-rap at the waterward face of an existing vertical bulkhead provided that.the rip-rap is clean and free of debris, that no seagrasses are covered by the tip-rap, that no dredging or other filling is conducted and that the rip-rap is placed at a slope no steeper that 2H:1V and that no 'Interference to other riparian property rights or navigation occurs. ( ] (k) The repair or replacement of existing functional headwalls, pipes, culverts provided that they are otherwise in compliance with the code and are in artificially created waterways which discharge water for stoaowa[er run off. The pipes must be replaced in the original size and configuration and all elevations must be the same as the pre-replacement condition. All water quality protection features must be utilized and the rerouting of water bodies is not authorized by this General License except by pumps,pipes or co_ferdams.Werland areas may NOT be impacted by the activity. ( ] (1)The installation of utility or transmission lines laid on or embedded in the substrate provided that no dredging or filling is required and that no seagrasses or significant bentbic communities will be affected by the activity. ( ] (m)Existing commercial Rock Quarry Excavations (please see Section 27-336(a)(1)for additional information) Section 27-336(a)(2) ( ] The emergency repair,replacement or maintenance of existing utility transmission or distribution lines,provided that the owner of the damaged facility or the owner's agent provides verbal notice to the county of the condition,its location and expected length of time required for the repair,replacement or maintenance activities. Section 27-336(a)(3) ( ] FLORIDA DEPARTMENT OF TR4N'SPORTATION -minor works within FDOT rights of w'ay See Section 27-336(a)(3) for additional guidelines. - L - APPLICATION FOR AN ENVIRONMENTAL RESOURCE GENERAL LICENSE 5. Mangrove alteration and certain types of trimming activities require an Environmental Resource License pursuant to Sec 27-332 of the Broward County Code and Section 403.9321 Florida Statute. The General License does not authorize any mangrove alteration activities. Are there mangroves on-site? Yes [ J No [�4 ] Will this work require mangrove alteration or tritnmtng? Yes ( ] No 6. Are there any natural aquatic or submerged resources in the constructionNo area? Yes [ ) [�(] Natu-al aquatic resources includes seagrasses, oysters, etc. Per Section 27-58(b)(9), "The licensee, by acceptance of this license, specifically agrees to allow access and shall allow access to the licensed source, activity, or facility at tunes to EPD personnel for the purposes of inspection and testing to determine compliance with this license and this chapter." OS Date ignature of owner ��Sign ure of Agent Date Wetlands Resources Approval Date Rev:12/13/04 \Do .0 M and Saringc\Isundcdand\LICEN SES1Gmeral.doc 3 � w,uA-wuv�w�'nN�cr�u=anr f.%w7 ..r.a cwPmc xau _mr..�ra.. pa PCTR°P°l0� CF FS.RC&� •C-F.• ice:hr MA ® PORkE' FaRLT7�N-�6ZA .6 p�+rE Lit '" s s Fleet Soot l20, P�,YB a�. 8.C_EZ. ••'•' Sa¢�eePel. C¢uatF, Flog€��. I I ' uc cln rcv.rcva cm'a x-o ' I _naa r nm urc•w+�.a ecU k i I 1 = 1 I 19 y Ps:r_ u/n'me mu'svr�nv uws) ^ � ACP£A sr<ar � li _- _ er _ -- � yr �' 1 I '.l.k r I I i RTAr: .ni•� 4 w F I q s bi -- � ° 'j r Legal Descnoti.�n F _ t1y1 E r l l l L__ IS • !� ^� y �'' Il� i----�:---- �`e r'n'wmru`.00'�iM�l._.�< �5 1p �o�tp5 iY , �I � S rvaer urw+tt �r.e.. 1 G i•" �t_____ ezc��d w�nms� :t II t 'S 1 r i4 r . E sur e•e�e�.�v.M. ------___ 1 1lggpp;; 4 :i Et5 iji'NgI. I Ft _+ • 1 Ys 1}I ��vra.w 1Y , D-1.c N.UPT — Z>—OS—c, eo9�a5 0! C9E 3 „G I,E4<69 ,^i W z i Z 2 c E Z 50 Q a Quo 7 a a O � a u a w Co a C O ° 4 = I L 3 I a2Wti I yFe O S I p N r m a�� s OU�� OyyyJ I� it 2t0N o3 +moo Ik II i rrr �' arm p$llhFF� M'I I� 1 ' I 17 VH d5Y 17Y xdSY I 3 „Tl,BS67 N oa�e\ rxdsr mY1p' 1 > rxdsr >� 'I I x I / ZZ \ - f \( \ ig-2 cc �f ! ! . � { • `� ƒ> � a ! ) � •\ - . . sa � §: §� }} - - } v. ENVIRONMENTAL PROTECT40N DF_Pr".FMMENT-2iologica!Resocrces Digtsion Maitrno Address: 115 South Anai vs Aoecu=.Room 4-240•fod LnA-.rdale, Flonjz 33'S01 re54-5^9-1230•FAX 954-519-1412 7a,.ua=ny 6, :Cf1,6 Mac McLaughlin Broward Marine,Inc. 750 NE 7"'Avenue Dania Beach, FL 33004 Re: Braivard R1a.ine/750. E 7" '.venue EPL) General License N'u,GIL-MikNO5I2-029 Dear Mr, Mel-aughlin: This letter is to inform}outhat,vouriequestforaGeneralLicensehasbeengranted General .GL- DAN0512-029 authorizes dte installation often)I G)pilings arld five t5)floating amps,adjacent to 750'NE 7s .Avenue, in the City of Dania Beach. Enclosed please find a description and drawing of the proposed activities dated January 6, 2006 by ehe Department. A copy of the license must be on-site during the performance of authorized activities, 'Phis license does not consttrute a waiver or approval of arty other license, approval, or re,ulatory requirerncnt by this or any otter agency that may be required. This license does not convey to the licensee or create in'dre license-any property right,or any interest in rea 1 proper'y, nor does it authorize anv entra nce upon or activities on property which is not owned or cont:oIled by the licensee. A person whose substantial interests are affected by the Department's action may petition for an administrative review under Section 27-15 of the Broward Courty Code of Ordinances. The petition trust contain the information described in 27-15(f)and shall be filed within ten (l 0)days of fire final agency action. If you have any questions, please contact me at(954) 519-1228, Sincerely, /f� G Kent Edwards, Manager Wetlands/Uplands Resources Section enclosures cc: Glenn Straub,Palm Beach Polo I loldings, Inc. Steve Ganoe,G&G Marine. Inc. Larry Zink, Esq-Zink,Zink, &Zink, Co-. L.P.A_ Gleam Smiih, Esq., Ruden McClosky Allan R. Kelley,Esq., Fowler Whitc Bumeit, P.A- Steve Tilbrook. Esq., Shutts y Bowen, 1_LP George 1. Flan. Esq., Shutts Bowen,LLP Michael Owens, Broward Count} Atto; ey's Ogee Broward County Board of County CDnimiss'ioners JOSeph US Eg9elletien,Jr.•Ben Graber-Sue Gurzuur9er-Y.n;un U_J3aobs•Ileca Lieberman•Join E ROtlstrom,Jr.•J:,,r Sc,tl-Dsaaa;!'.=ssercrzr-Rubin•L✓s Wezlz; ___ WvnN.t)rbvdrtl D:J �f/J�1 I`�JI999; -.. 1�� y rr0m; Mac h,icLaughl'cl :nrrwiaughilo oro'rc�rJr, r ne comj Sent: Thursday, Janua.y '35, 20H 3,41 PMi i x Kra"vczyk, Julie Ce: ^;IerCthechappellgrou;,.cctn Subject: Srcward Marine Repair Perrr:it, Hi Julie, Pursuant t0`,JO'.1r pre'u;0U5 eri'•a1!, at;HOh?d we D.miect descr'llptK)n of-era`s'.. Trad-e m t i_ 5r_A and rroiect DescrFvtion All unauthorized structures, both pilings and docks, eitherha ve been or wiil be removed from the project area. This license only authonzes the installa7on of pilings and aluminum rampslrioatiog docks, as showrn on ;ha attached drawing, to create 10 boat slips for mooring. From, north to south, the structures shall be as follows. 11} 5'x 13.5'aluminum,-amp and wo 24"steel pilings, one located approximafely 55'and cne 135'from 'e bulkhead. (2) 5'x 20'aluminum ramp and two 24"steel pilings, one located approximately 65'and one 135'from the bulkhead. /3I 5'x 18'aluminu.rn ra:Tp Ind two 24"steel pi.'.ings, one located approxQnately 75'a:--I Ore 150'from ths! bulkhead_ (4) 5'x 15'aluminum ramp and two 24"steel pilings, one located approximataly 75 and one 150'from tha buikhaad. (5) 5'x 15'aluminum ramp and two 24"steel pilings, one located approximalely 35'and one 75'from the buikhaad. This is all as indicated on the sealed drawings sii.n,, red by 1vcLaughiin Engineerrvg Should you need anything else, please adv!se. tvlac R.C. "Mac"McLaughlin ChiefFinanciaiOfficer --- __....... .._..__. __..__._._.._.., 3roward Marine - - - - 750 NH 7ch Avenue Dania Beach,FL 33004 P: 954.925.5118 x 124 - F: 954.927.4200 C: 954.232.5804 77 - a�nrs�'•�,� ;�:� jr �Gr 1�_5120dt5 BROWARD MARINE January 9, 2006 VIA HAND DELIVERY Mr. Laurence Leeds, AICP Director City of Dania Beach Department of Community Development 100 West Dania Beach Blvc. Dania Beach, FL 33004 RE: Broward Marine Docks Dear VLr. Leeds: Pursuant to our phone conversation of last week I have enclosed two original sets of dock plans, stamped by Broward County Environmental Protection Department ("DPEP"). I have also enclosed a drawing, for discussion purposes only, which I believe will aid in clearly understanding the limited scope of this project. On or about March 8, 2005 Broward Marine purchased all of the assets of Broward Yachts, Inc. (a non-related company). At the time of the purchase there were five (5) floating "finger pier" docks. These are the docks shown on the surveys. As a result of Hurricane Wilma four (4) of the piers no longer exist, and the fifth has been greatly reduced in size. This fifth dock will be removed in its entirety as part of the emergency repair pernut. In order to expedite the emergency repairs pernut process and also to address the extensive concerns of DPEP, Broward Marine has agreed to the installation of only ten (10) 24"inch diameter steel pilings, as indicated on the drawings, and some small ancillary ramps and walkways, as described in attached DPEP letter. There will be NO major dock construction at this time. We will proceed to permit, in due course and at a later date, our final dock configuration. This present application is only for emergency repairs to make our boat basin useable. Ail of work shown on the attached drawings will be in the Broward Marine boat basin adjacent to the Dania Cut Off Canal. The submerged lands are privately owned and not state owned. Nothing is being done in the Dania Cut Off Canal or on state owned submerged lands. Built in America. Admired around the world since 1949. 750 NE 7th Avenue, Danlz ?each, FL 33004 wv✓w.brcmardmann.com ?bane.95t.925.5110 ex.954.927.4200 Our Contractor, Jiro Vance, o€Vance Cimstru:Iion, v,,ill be fling a 1-.uilding pernut application with the City of Donia Bach shortly. f would reL-luest lhr ll_you ciculate the attached drawing for staff review and input, in ordtr to expedite the permit application review process. Thank you for your continuing co-operation in this :natter. Sincerely, BRO'YWARD MARINE By: C. "Mac' McLaughlin Chief Financial Officer tnmclan�hliu cr�bro�a-adtnari�c.cr�m 954.925.8118 ext. 124 Encl. FFOM :C I HK LRW CL.F I CE FR-I l•10. :=7,4''»335S D_t. 20 22225 13: 15R I P? i BEFORE!JE TgAR'NG EKAME' ER FOR Try t3RDW ARB COUI fTY T-.NVjRONlV[ENTAL?R01'F'CTIG2 7 DEPARTMENT ADI a 'IS RATiVP R.F,VTEWN0:05-02 3ROWARD YACHTS, !!NC., Petitioner, V, BROWARD COUNTTY ENfRONly2. 1N7,AL PROTECTION DFPARTMENT, Respondent, FINIAL ORDER j i This matter came before the Hearing Examlaer on March SO, 2006, at the Govemrnent Center West location on Broward Yacbt's Ine.'s ("Yachts' Petitiop. for Review of an administrati-e decision denying a license and permit application to maintain several docks in an easement waterway abutting property owned by Palm Beach Polo Holdings, Inc. ("PB Holdings"). At the hearing, the Environmental Protection Department was represented by Mchael Owetns, Esquire, who presented the b;stimony of Julie Itrawczyk,Natural Resource Specialist IT. The Petitioner Vvas represented by Larry Zink, Esquire, who presented the testimony of Glenn Stlaubb, the President of Palm Beech Holdings, Inc, Also in attendance at the hearing was Steven Gano ]e, resides.nt of G&G Marine,Inc. ("O&G'�l in the admInIstrative process, G&G, by way of a letter from its lawyers,objected to pennioing the docks to remain.Notice of tits hearing was published in the Sun-Sentinel on March is,2006 and Minch 26,2D06, and on ?Beech 14, 2006, counsel for the Petidoner diligently attached the notice of bearing and sent it to G&G's attvmaya, by a-mail. Ganoe presutrrptively app=cd at the hearing because he re❑eived notice through one of these charnels. Hnweveq G&:G apparently mach a tactical decision not to have Ganoe testify or to support its objections with evidence.This essontlally left the EFD and its fine coansel with no evidence to support G&G's objections other than the hearsay evidence conWnad in G&Ts ieHysrs' FPCM :ZINK LAW C-=r1C= FRXI Nu. :-=632-7?55 Cct. 29 2�'ZS i9:'_�RP7 P3 I PiNDE-1 7S OF FACT The pertinent fecis surrounding this proceeding are largely undisrrrted. I?n hfsy 5, 2002, the Bmward County Environmental Proteation Depaiinect ("EPLI"). issued Wan ng 'Jot ce No: WRN02-0125, 10 Yachts, a Then tenant on rise prepert f, and P3 I Iloldia;s, the owner of the property, for consnacting docks and nntmiHng piling a+.750 NE 76' Avenue in the City of Dania Beach, without 'frst obtsi:uai an Euvron.rort,al i Resource License. As corrective action for the alleged violation, the warring notice required that Yachts and PB Holdings apply for an after-the-fact license to maintain the . docks a:nd pilings, Yachts sabmitted applications for Environmcntal Resource License 140: DF03- I 1121 and Envirorin ntal Permit Application No: 0 6-0 1 943 8 6-001 to enable it io maintain I multiple docks in the easement waterway. The Pe7tionar offered intc evidence photographs of the easement waterway showing that the docks have been in substantially the same area since Jnnuary of 1985. While the P.PD argued that the docks warp ;acing slightly different&angles in the photographs and that there was perhaps some discrepancy in the application submitted by Petitioncx, the bottom line is that these doclts in some shape or form have existed in this area for over twenty one years and have bean used for substantially the same purpose for those years. In the administrative review process, only G&G and the Port Everglades Pilots' Association lodged objections to the docks, but the Pilots' Association *.thdrew its objection when the Petitioaer agreed to remove a proposed P floating dock from its letters. Although hearsay evidence is admissible In an administrative hearing to corroborau cr erplain a$er evidence, it may not ba used to support a 5nding net otherwise z,pported by opmpetznt sebsMirial evidonee, I- '^ v tvletronolitan Dadc County,458 So.2d 792(Fla.3d DCA 1954);Pasco aunt,/ Schaal Bd. v Florida Pub Employee$Relations Comm'n,351 So.2d JOB (F)L 1st DCA 1977. 2 F,KIM :ZINK LPW G =iCE FR1 N7. :1104921950 Dc— 23 23uE 12:1SRM P4 application_ The criteria to be used in dctemlining 1151�er a Lcense should be ; "d are found in Section 27-337 of the Bro-Ward County Code. The only relevant standard to this proceeding found in that Section is Subsection (a)(1), whether the docks will adversely arect public safety or wenre or the property of others. No evidcnen was presented that the docks, which haw been in existence at the location since 1995, have � ever caused an accident or that they impede G&C'rs reasonable use of the easement Moreover, wl e the EPD dots have the right to regulate these docks and th-: navigable- water upon which the docks.eat the eas--merit area is not generally traveled by the public and more or less serves as an entrance to only two businesses, G&G and that of the Petitioner. CONCLUSIONS OF LAW i The Hearing Examiner frnds that no substantial competent evidence was presented that would support or warrant t5e denial of the license and permit sought by the Petitioner to maintain its existing docks. The administrative decision denying the license/permit to maintain the docks is quashed and the ma'ter is remanded to the EPD to take appropriate action in accordance with the terms of this Final Order. Done and Ordered,on June 5, MUDS, MARK GOLDSTEIN HEARING EXAMINER copies to: Michael Owens, Esq. Lary Zinc., Esq. 3 P I 4r a .r is-s COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT-Biologirl Resourc- Division Maliing,ddmss: 1 No h University Drive, 5.;.>�-301. Piau'ualon, =irida 33324 254-519-1230•FAX 954-519-412 ?NOTICE OF INTENT TO ISSUE ENVIRONMENTAL RESOURCE PERMIT &LICENSE In the Matter of an Application for Permit and Water Quality Certification by. APPLICANT: Palm Beach Polo Holdings, If,-- 1 [199 Polo Club Road Wellington,FL 33414 PROJECT: Broward Yachts Marine Facility Permit No. 06-0 1 943 86-001 License No. DF03-1121 Broward County The Broward County Environmental Protection Department (EPD) gives notice of its intent to issue an Environmental Resource Permit and License under the authority of Part IV of Chapter 373, F.S., Title 62, Florida Administrative Code(F.A.C_),and Chapter 27,Article XI Sec.27-331 through 27-341 of the Broward County Code.A draft copy ofthe permit is attached. Issuance ofthe Environmental Resource Permit constitutes cer nfication ofcompliance with state water quality standards Dursuant to section 401 ofthe Clean WaterAct,33 U.S.C. 1341. Where applicable, issuance ofthe Environmental Resource Permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act. I. DESCRIPTION OF THE PROPOSED ACTIVITY The proposed project is to construct five(5) floating finger piers in an existing privately-owned marina basin. From north to south,the finger piers shall have the following sizes:(1)7.5-foot-wide by 128-foot long L-shaped pier with a 4-foot-wide by 12-Foot-tong aluminum ramp;(2)7.5-foot-wide by 128-foot-long pier with a 4-foot- wide by I2-foot-long aluminum ramp; (3)7.5-foot-wide by 128-foot-long pier with a 4-foot-wide by 12-foot- long aluminum ramp;(4) 7-5-foot-wide by 144-foot-long pier with a 4-foot-wide by 12-foot-long aluminum ramp;and(5)7.5-foot-wide by 192-foot-long pier with a4-foot-wide by 18-foot-longL-shaped aluminum ramp. Finger piers one (1) through four(4) shall be placed at an approximate 45 degree angle, in a southeasterly direction, from the existing seawalL Finger pier five (5)shall be placed immediately parallel to the existing seawall. The total over-water area of the structures shall be 8,544 square feeL In addition, three (3) cluster pilings shall be installed at the terminal end of finger piers one())through(4). The project shall not result in a net increase in the number of boat slips(10 dry slips, 15 wet slips). ACTIVITY LOCATION: The activity is located at 750 NE 7`n Avenue(Folio No. 504235170010) and the Dania Cut-off Canal, in the Broward County Board of county commissioners Josepbus Eogellehm Jr.•aen Graber•Sue Gunzburger•m5un o.Ja=bs•Ilene Ueberrnan•Jahn E Rodstrom.Jr.•Jlm Sion•plan Wasse,man-Rubin•Lo!s\vexler v .b-oward.org ermittee/Licer,see: "Palm Beach Peio Holdings,-c. Per-nit No. 05-0 L943 E6-001 License No.DF03-1121 Page 2 of 7 City ofDania Beach, Class III Waters, Section 35 Township 50 South Range 42 East. IL AUTHORITY FOR REV,UW Pursuant to operating agreements executed between the Florida Department of Environmental Protection,the Broward County Environmental Protection Deparbruentand the South Florida Water Management District as outlined in a document entitled "Delegation Agreement Among the Florida Department of Environmental Protection, the South Florida Water Management District and Broward County", EPD is responsible for reviewing and taking final.agency action on this activity. III. BACKGROUND AND BASIS FOR ISSUANCE On May 5, 2002, the Department issued Warning Notice No. WRN02-0125 for constructing docks and installing pilings at this site, without a valid license. As corrective action for the violation, the Department requested that the property owner apply for and obtain an Environmental Resource License and Permit for the docks. On April 26,2002,the Department received an application for the s7uctures. During the processing of the application, several letters of objection to the project were received On May 6,2002,the Department received a letter from the Port Everglades Harbor Pilots'Association which objected to the pilings and finger pier along the Dania Cut-off Canal,which were subsequently removed from the project. On August 14,2003, G&G Marine, Inc. provided a copy of a Cross-Use Easement for Ingress and Egress, which provided a basis for their objection that the proposed project would hinder safe navigation. A formal letter of objection was submitted by G&G Marine,Inc. an November 7,2003. In letters dated September 29,2003,December 16,2003,July 22,2004,and January 6,2005,the Department requested additional information which was necessary to evaluate the effects the proposed project could have Department regulated waters of the County. Specifically,the Department requested reasonable assurance that the proposed docks will not negatively affect navigation and safety, nor violate the Cross-Use Easement for Ingress and Egress recorded in the Official Records Book 24904,Page 165,of the Public Records ofBroward County. The Department granted several extensions to allow the applicant to provide the requested information_ On January 31, 2005, the application was denied, pursuant to Section 27-55(dx4), for failure to submit the requested information. On February 7,2005,the Department received a Petition for Review of Final Administrative Determination in response to the denial. On March, 11,2005, the Department sent a letter to the applicant that the denial had been upheld by the Department Director. On Mauch 30,2006,an Administrative Review Hearing was held to determine if the Department was warranted in denying the license and permit applications. In a Final Order, dated June 5, 2006, the Hearing Examiner stated that no substantial competent evidence was present which supported the denial of the license and permit applications. Therefore,the administrative decision to deny the license and permit applications was quashed and the matter was remanded to the Department to take appropriate final action. Based on the above, along with the general and specific conditions of the draft permit, the applicant has provided reasonable assurance that the construction and operation of the activity, considering the direct P'ermittee/Licensee: Palm Beach Polo"rloidires. Inc. Pettit No. 06-0194385-001 - License No.DF03-112 t Page of secondary, and cumulative impacts, will comply wrth the p:ovisions of Part IV of Chapter 373, F.S., and the rules adopted thereunder, including the Conditions for Issuance or Additional Conditiocs for Ls,,qu,ice of an environmental resource permit pursuant to Part IV of Chapter 373, F.S.,Chapters 62-330,and Sections 40E- 4.301 and 40E-4302,F-A-C.This project meets the presumptive water quality criteria of the SFWMD's Basis Of Review. The construction and operation of this facility should therefore not result in violations of water quality standards. The applicant has also demonstrated that the construction of the activity, including a consideration of the direct,secondary,and cumulative impacts, is not contrary to the public interest,pursuant to paragraph 373.414(1)(a),F.S. N. PUBLICATION OF NOTICE The Broward County Environmental Protection Department has determ y ined that the proposed activit ,because of its size,potential effect on the environment or the Public controversial nature,or location,is likely to have a heightened public concern or likelihood of request for administrative proceedings.Under section 403.815 of the Florida Statutes and rule 62-103.150 of the Florida Administrative Code,you(the applicant)are required to publish at your own expense the enclosed Notice of intent to Issue Permit The notice must be published one time only within 30 days in the legal ad section of a newspaper of general circulation in the area affected. For the purpose of this rule, "publication in a newspaper of general circulation in the area affected" means publication in a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes, in the county where the activity is to take place. Wltere there is more than one n newspaper of general circulation the county,the newspaper used should be one with g ton e significant circulation in the area that ma be affected Permit Ifyou are uncertain that anewspapermeetsthese requirements, y bythe req nts,please contact the EPD at the telephone numb addressor p number listed below. The applicant must provide proof of publication to: Broward County Environmental Protection Department Biological Resources Division I North University Drive, Suite 301 Plantation,FL 33204 The proof of publication shall be provided to the above address within 7 days of publication. Failure to publish the notice and provide proof of publication within the allotted time shall be grounds for denial of the permit. V. RIGHTS OF AFFECTED PARTIES Under this intent to issue, the permit,No: 06-0194386-001 and license,No. DDF03-1121, is hereby granted subject to the applicant's compliance with any requirement in this intent to publish notice of this intent in a newspaper of general c' papa irculatoo an d dtoprovideproofofsuchpublicatoninaccordance 'with section 50.051 of the Florida Statutes. This action is final and effective on the date filed unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to is becomes onlyrsue automatically proposed agency action on the application, subject to the result of administrative I mmistrative review process. Therefore, on the filing of timely and sufficient petition, this action will not be final and effective until further order of Broward County. When proof of publication is provided, if required by this intent,and ifa sufficient petition is not timely filed, the permit,No. 06-0194396-001, and license, No. DF03-1121, will be Pe miaee icensee:Palm Beach Polo Holdings, loc. Permit No.06-0 i 943"s6-00 i License No. DF03-1121 Page 4 of 7 executed. Becwuse an administrative rearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired and until the permit,No: 06-0104386-001, has been executed and delivered. A person whose substantial interests are affected by Broward County Environmental Protection Department (EPD)action regarding pemtit No: 06-0194386-001 may petition for an administrative proceeding(hearing) under sections 120.569 and 120.57 of the Florida Statutes. The petition must contain the information set forth below and must be filed(received by the clerk) in the Enforcement Administration at 1 N.University Drive, Suite 307, Plantation,FL 33324. Mediation may also be pursued as Specified below. 'Under rule 62-110.106(4)of the Florida Administrative Code,a person whose substantial interests are affected by EPD action may also request an extension oftime to file a petition for an administrative hearing. EPD may, for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Enforcement Administration at t N. University Drive, Suite 307, Plantation, FL 33324, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. 1f a request is filed late, EPD may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28-106.205 of the Florida Administrative Code. In accordance with rules 28-106.I 11(2)and 62-110.106(3)(a)(4),petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3) of the Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3) of the Florida Statutes,however,any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt ofsuch notice,regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing or pursue mediation as provided below within the appropriate time period shall constitute a waiver of those rights. A petition that disputes the material facts on which EPD's action is based must contain the following information: (a) The name and address of each agency affected and each agency's file or identification number,if known; (b) The name,address,and telephone number of the petitioner;the name,address,and telephone number of the petitioner's representative, if any,which shall be the address for service purposes during the course of the proceeding,and an explanation of how the petitioner's substantial interests are or will Perminee/Licensee: Pa[m Beach Polo Holdings,Lac. Pc7nit too. t94306-v i License No. DF03-1 l2 t Page 5 of 7 be affected , the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact if there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged,including the specific facts thatthe petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of The agency's proposed action; and (g) A statement of the relief sought by the petitioner,stating precisely the action that the petitioner wishes the agency to tale.with respect to the agency's proposed action. A petition that does not dispute the material facts on which EPD's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by rule 28- 106.301. Under sections 120.569(2)Cc) and(d) of the Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. A person whose substantial interests are affected by the Deoa,-hnent's action regardingLicense No.DF03-1121 may petition for an administrative review under Section 27-14 ofthe Broward County Code ofOrdinances. The petition must contain the information described in 27-14(f) and shall be filed within ten (10) days of the decision made by the director. In addition to petitioning for an administrative hearing, any person who has previously filed a petition for an administrative hearing may pursue mediation. If a written mediation agreement with all parties to the proceeding(i.e.,the applicant,EPD,and any person who has filed a timely and sufficient petition for a hearing) is filed with EPD within 10 days after the deadline for filing a petition for an administrative hearing,the time limitations imposed by sections 120.569 and 120.57 shall be tolled to allow mediation to proceed- The agreement must contain all the information required by rule 28-106.404. The agreement must be received by the Enforcement Administration at IN.University Drive,Suite 307,Plantation,FL 33324. Pursuing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. Unless otherwise agreed by the parties,the mediation must be concluded within sixty days of the execution of the agreement If mediation results in settlement of the administrative dispute,EPD must enter a final order incorporating the agreement of the parties. As noted above,persons seeking to protect their substantial interests that would be affected by such a final decision modified through mediation must file their petitions withal 21 days of receipt or publication of this notice as provided above, or they shall be deemed to have waived their right to a proceeding under sections I20.569 and 120.57. If mediation terminates without settlement of the dispute,EPD shall notify all parties in writing that the administrative hearing processes under sections 120.569 Pernittee/Licensee: Palm Beach Polo Holdings, Inc. Permit No.06-0 1943 66-0U! Liceuse No.DF034121 Page 6 of 7 and 120.57 remain available for disposition of the dispute,and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. This intent to issue a permit,No:06-0I94386-001, and license,No. DF03-1121 constitutes an order of EPD. Subject to the previsions ofpa&-agaph 120.68(7)(a)of the Florida Statutes,which may require a remand for an administrative hearing,the applicant has the right to seek judicial review of the order under section 120.66 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the Enforcement Administration at 1 N.University Drive,Suite 307,Plantation,FL 33324;and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal The notice of appeal must be filed with 30 nays fiom 0:e date when uhe order is tiled.The applicant,or any party within the meaning of section 373.114(1)(a) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicatory Commission under section 3 73.114(1)or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on EPD within 20 days from the date when the order is filed. Executed in Broward County,Florida Broward County Environmental Protection Department y . Ctiu /'fy�. O fir 15 tot c Eric Myers Date Director Biological Resources Division Broward County EPD Copies furnished to: Lamy A.Zink,Esq., Zink,Zink&Zink,Co_, L-P.A. Stephen K.Tilbrook,Esq-, Shutts& Bowen,L.L.P Mac McLaughlin,Broward Marine,Inc. Allen R. Kelley, Esq., Fowler White Burnett,P.A. Michael Garcia, Esq., Fowler White Bumett,P.A. Glenn N. Smith,Esq., Ruden McCloskey, Smith, Schuster&Russell,P.A. Steven Ganoe,G&G Marine,Inc. Captain Janes J.Ryan, Port Everglades Pilots' Association Michael Owens,Assistant County Attorney Tom Ansbro, City Attorney, City of Dania Beach Meredith Brannon,EPD Shelly Carter, U.S.Army Corps of Engineers,Miami Florida Department of Environmental Protection, West Palm Beach Per ittccUceu/�see: Palm Beach Polo Hold_ngs, LRe. - Parm it No.06-01 CP43866-0l)l License No.DF03-1 L21 Page 7 of 7 CERTIRCATE OF SERVICE The undersigned hereby certifies�at this permit, including all copies, were mailed to the above listed persons before the close of business on U�Tc7� � ,-006. Filing and Acknowledgment FILED, on this date, receipt of which is hereby acknowledged. IC '�e/ eC 'r late 1vZ�lr J� Prepared by Julie Krawczyk,Natural Resource Specialist II B V RD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT—Biological Resources Division tr P,4=_'i.,g.Address: 1 North University Drive,Suite 301,Plantation, Florida 33324 254 {19-1230•FAX 954519-1412 ENVIRONMENTAL RESOURCE PERMIT,and BROWARD COUNTY ENVIRONMENTAL RESOURCE LICENSE PERMITTEE/LICENSEE: Palm Beach Polo Holdings, Inc. 11199 Polo Club Road Wellington, FL 33414 ERP Peni t Number: 06-0194386-001 ERL License Number DF03-1121 Date of Issue: October XX,2006 Expiration Date of Construction Phase: October XX,2006 County: Broward Project: Broward Yachts Marine Facility This combined permiMicense is issued under the authority of Part W of Chapter 373, F.S., and Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the requirement to obtain an Environmental Resource Permit. Pursuant to operating agreements executed among the Department of Environmental Protection,the Broward County Environmental Protection Department(EPD)and the South Florida Water Management District, as outlined in a document entitled"Delegation Agreement Among the Florida Department of Environmental Protection,the South Florida Water Management District,and Broward County", EPD is responsible for reviewing and taking final agency action on this activity. This permit/license also constitutes certification compliance with waterqualitystandards under Section 401 of the Clean Water Act,33 U.S.C. 1344. A copy of this authorization also has been sent to the U.S. Army Corps of Engineers(USACOE)for review. The USACOE may require a separate permit Failure to obtain this authorization prior to construction could subject you to enforcement action by that agency. You are hereby advised that authorizations also may be required by other federal, state, and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. This permiClicense constitutes a determination, pursuant to Section 380.0651(3)(e),F.S.,that the facility is located so that it will not contribute to boat traffic in a manner that will adversely impact the manatee. This permit/license also constitutes a finding of consistency with Florida's Coastal Zone Management Program,as required by Section 307 of the Coastal Management Act The above named permittee/licensee is hereby authorized to construct the work shown on the application and approved drawing(s),plans,and other documents attached hereto or on file with Broward County and made a part hereof. This also constitutes a permit/Iicense to operate the system described above, provided the system has been determined to be in conformance with all applicable rules adapted under part IV of Chapter 373, F.S., Broward County Board of County Commissioners Josephus Eggelletion.Jr.•Son Graber.Sue Gunzburger•Kristin D.Jacobs•Ilene Lleberman•John c.Rodstmm,Jr.•Jim Scott•Dlana Wasserman-Rubin•LDIs Weiler www.broward.org PermitteefUcensee:Palm Beach Polo Holdings, Inc. Permit No.O6r0194356-001 License No: DF03-112i Page 2 of 1 i including the general and specific conditions of this permit!license/certification/authorization,as specifically described below. This includes a requirement for the permittee/licensee to request transfer of this pernrit/l,•censee 10 me operation and maintenance phase as more specifically described in DEP General Condition 7, below. This permitr"ricense is subject to the limits, conditions, and locations of work shown in the attached 3 exhibits, and is also subject to the attached 19 DEP General Conditions, 11 Broward County EPD General Conditions and 20 combined State Environmental Resource Permit and Broward County EPD Specific Conditions which are a binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities,and to ensure the work is conducted in conformance with all the terms,conditions,and drawings. If you are utilizing a contractor,the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit/Ecense and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permitnicense, as specifically described below- ACTIVITY LOCATION: The activity is located at 750 NE Ts Avenue(Folio No. 504235170010) and the Dania Cut-off Canal,in the City of Dania Beach,Class III Waters, Section 35 Township 50 South Range 42 Fast PROJECT SITE DESCRIPTION: The site is presently developed as aMarina/Boat Repair Facility. The project site contains no environmentally sensitive wetlands,and no seagrasses or other submerged vegetation or mangroves were observed in the project area during the site inspection. PROPOSED PROJECT DESIGN: The proposed project is to construct five(5)floating finger piers in an existing privately-owned marina basin. From north to south, the finger piers shall have the following sizes: (1) 7.5-foot-wide by 128-foot-long L- shaped pier with a 4-foot-wide by 12-foot-long aluminum ramp;(2)7.5-foot-wide by 128400t-long pier with a 4-foot-wide by 12-foot-long aluminum ramp;(3)7.5-foot-wide by 128-foot-long pier with a 4-foat-wide by 12- foot-long aluminum ramp; (4) 7.5-foot-wide by 144-foot long pier with a 4-foot-wide by 12-foot-long aluminum ramp; and (5) 7.5-foot-wide by 192-foot-long pier with a 4-foot-wide by 18-foot-long L-shaped aluminum ramp. Finger piers one(1)through four(4)shall be placed at an approximate 45 degree angle, in a southeasterly direction,from the existing seawall. Finger pier five(5)shall be placed immediately parallel to the existing seawall. The total over-water area of the structures shall be 8,544 square feet In addition,three (3)cluster pilings shall be installed at the terminal end of finger piers one(1)through(4). The project shall not result in a net increase in the number of boat slips(10 dry slips, 15 wet slips). No adverse impacts to water quality or quantity,wetlands or aquatic resources are proposed by this project or a � Permittee(Licensee: Palos Beach Polo Holdin gs,gs, €nc. Permit No.0&0194386-001 License No. DF03-1121 Page3 of 11 authorized herein. DEP GENEFt4L CONDPTIONS: (1) All activities authorized by this permit shall be implemented as set forth in the plans,specifications and performance criteria as approved by this permit.Any deviation from the permitted activity and r6e conditions for undertaking that activity shall constitute a violation of this permit and Part IV,Chapter 373,F.S. (2) This permitor a copy thereof complete with all conditions,attachments,exhibits,and modifications shall be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by the Department staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit. (3) Activities approved by this permit shall be conducted in a manner which does not cause violations of state water quality standards.The permittee shall implement best management practices for erosion and prltutiori control to prevent violatiDn of state water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be installed and maintained at all locations where the possibility of transferring suspended solids into the receiving water body exists due to the permitted work Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual;A Guide to Sound Land and Water Management(Deparbment of Environmental Regulation, 1988), unless a project-specific erosion and sediment control plan is approved as part of the permit Thereafter the permittee shall be responsible for the removal of the barriers.The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. (4) The permittee shall notify the Department of the anticipated construction start date within 30 days of the date that th is permit is issued. At least 48 hours prior to commencement of activity authorized by this permit; the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement' notice(Form No. 62-343.900(3),F.A.C.) indicating the actual start date and the expected completion date- (5) When the duration of constmction will exceed one year,the pcnnittee shall submit construction status reports to the Department on an annual basis utilizing an"Annual Status Report Form"(Form No.62- 343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year. (6) Within 30 days after completion ofconstruction ofthe permitted activity,the permittee shall submit written statement of completion and certification by a registered professional engineer or other �j ggAvv � E Permitte`Licemsee: Palm Beach Polo Holdings, Inc. Permit Na 06-0194396-001 Ucer<se No.P 03-1121 Page 4 of 11 appropriate individual as authorized by law,utilizing the supplied"Environmental Resource Perrrut As-Built Certification by a Registered Professional' (Form No. 62-343.900(5), F.A.C.). The statement of completion and certification shall be based on on-site observation of construction or review of as-built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the Department that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as"as-built"or"record"drawing. All surveyed dimensions and elevations shall be certified by a registered surveyor. (7) The operation phase of this permit shall not become effective:until the permittee has complied with the requirements of condition(6) above, has submitted a"Request for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form No. 62-343.900(7), F.A-C.); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District- August 1995, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the Department,the permittee shall initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuant to Section 62-343.110(1)(d),F.A.C.,the permitter:shall be liable for compliance with the terms of the permit (9) Each phase or independentportion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system Each phase or independent portion of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or pot`Lion of the system to a local government or other responsible entity. (9) For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit,such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District- August 1995, prior to lot or unit sales or prior to the completion of the system,whichever occurs first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities,final operation and Permittee,'Liceasee: Palm Beach Polo Holdings, Inc Permit No.06-0 1 943 86-001 License No.DF03-112: Page 5 of ii maintenance documents must be received by the Department when maintaiance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remalning liable for carrying out maintenance and operation of the permitted system and any other permit conditions. (10) Should any other regulatory agency require changes to the permitted system,the permittee shall notify the Department in writing of changes prior to implementation so that a determination can be made whether a permit modification is required. (11) This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right,or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permitt_ec,or convey any rights or privileges other than those specified in the permit and Chapter 40E4 or Chapter 40E40, F.A.C. (12) The permittee is hereby advised that Section 253.77,F.S.states that a person may not commence any excavation,construction,or other activity involving the use of sovereign or other lands of the state,the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, permit/license, easement, or other form of consent authorizing the proposed use. Therefore,the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (13) The permit`.= is advised that the rules of the South Florida Water Management District require the permittee to a water use permit from the South Florida Water Management District prior to construction dewatering,unless the work qualifies for a general permit pursuant to subsection 40E- 20.302(4),F.A.C., also known as the 'No Notice"rule. (14) The permittee shall hold and save the Department harmless from any and all damages, claws, or liabilities which may ariseby reason of the construction,alteration,operation,maintenance,removal, abandonment or use of any system authorized by the permit. (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application,including plans orothersupporting documentation,shall not be considered binding unless a specific condition of this permit or a formal determination under section 3 73.42](2),F.S.,provides otherwise. (16) The permittee shall notify the Department in µTiting within 30 days of any sale,conveyance,or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of permit are subject to the requirements of section 62-343,130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that maybe required as a result of any violations prior to the sale,conveyance or other transfer t PermitteelLicensee: Palm Beach Palo Holdings, Inc. Permit No.O6-0194396-001 License No.Be03-1121 "Page 5 of 11 of the system. (17) Upon reasonable notice to the permittee.Department authorized staff with proper identification shall have permission to enter, inspect,sample and test the system to insure conformity with the plans and specifications approved by the permit (18) if historical or archaeological artifacts are discovered at any time on the project site;the permittee shall :nrmediate!y notify the appropriate Depa anent office. (19) The perrnittee shall immediately notify the Department in writing of any previously submitted ' information that is later discovered to be inaccurate. HROWARD COUNTY EPD GENEILAL CONDITIONS: (1) The terms,conditions, requirements, limitations and restrictions set forth herein are accepted by the licensee and must be completed by the licensee and are enforceable by the Environmental Protection Department(EPD)pursuant to Chapter 27 of the Broward County Code of Ordinances.The EPD will review this permit/license periodically and may revoke or suspend the license, and initiate administrative and/or judicial action for any violation of the conditions by the licensee, its agents, employees,servants or representatives. (2) This license is valid only for the specific uses set forth in the license application and any deviation from the approved uses may constitute g7ounds for revocation,suspension,and/or enforcement action by the EPD. (3) In the event the licensee is temporarily unable to comply with any of the conditions of the license or with this chapter, the licensee shall notify the EPD within eight(8)hours or as stated in the specific section of this chapter. Within three(3)working days of the event,the licensee shall submit a written report to EPD that describes the incident, its cause,the measures being taken to correct the problem and prevent its reoccurrence, the owners intention regarding the repair, replacement and reconstruction of destroyed facilities and a schedule of events leading toward operation with the license condition. (4) The issuance of this license does not convey any vested rights or exclusive privileges, nor does it authorize any injury to public or private property or any invasion of personal rights,or any violations of federal, state or local laws or regulations. (5) The licensee,by acceptance of this license,specifically agrees to allow access and shall allow access to the licensed source, activity or facility at times by EPD personnel for the purposes of inspection and testing to determine compliance with this license and Chapter 27 of the Broward County Code of Ordinances. Permittee/Licensee: Palm Beseb Polo Holdings, Lrc Permit No. 06-0194396-001 License No.DF03-1121. Page 7 of 11 (6) This Iicense does nor constitute a waiver or approval of any other license, approval, or regulatory requirement by this or any other governmental agency that may be required. (7) Enforcement of the terms and provisions of this license shall be at the reasonable discretion of EPD, and any forbearance on behalf of EPD to exercise its rights hereunder in the event ofany breach by the licensee, shall not be deemed or construed to be a waiver of EPD's rights hereunder. (8) This license must be available for inspection on licensee's premises during the entire life of the license. (9) Any new owner or operator of a perautted/liceased facility shall apply by letter for a transferof license within thirty(30)days after sale or legal transfer.The transferor shall remain liable for performance in accordance with the license until the transferee applies for and is granted a transfer of license. The transferee shall be liable for any violation of Chapter 27 that results from the transferee's activities. The transferee shalt comply with the transferor's original license conditions when the transferee has failed to obtain its own license. (10) By accepting this license,the licensee understands and agrees that all records,notes,monitoring data and other information relating to the construction or operation of this licensed facility or activity,that are submitted to the EPD,may be used by the EPD as evidence in any enforcement proceeding arising under Chapter27 of the Broward County Code of Ordinances,except where such use is prohibited by Section 403.1 i 1,Florida Statutes. (11) The licensee agrees to comply with Chapter 27 of the Broward County Code of Ordinances,and shall comply with all provisions of the most current version of this chapter, as amended. ERP and ERL SPECIFIC CONDITIONS: Except where otherwise noted,conditions apply to both the State Environmental Resource Permit and the Environmental Resource License. (1) The permittee/licensee shall allow authorized personnel of the EPD, municipality or local water control district to conduct such inspections at reasonable hours, as are necessary to determine compliance with the requirements of the permit/license and the approved plans and specifications. (2) The pernvttee/licensee shall prosecute the work authorized in a manner so as to minimize any adverse impact of the works on fish, wildlife, natural environmental values, and water quality_ The permitteeiUcensee shall institute necessary measures during the construction period, including fill compaction of any fill material placed around newly installed structures,to reduce erosion,turbidity, nutrient loading and sedimentation in the receiving waters. Any erosion, shoaling or deleterious discharges due to permitted/licensed actions will be corrected promptly at no expense to the County. E'er miCee/Lieensee: Pahn Beach Polo Holdings, Inc. Permit No.66-0194366-001 License No.-DF03-11:1 Page 8 of 11 (3) The pennittee/licensee shall comply with all applicable local land use and subdivision regulations and other local requirements.In addition,the permittee/licensee shall obtain all necessary Federal, State, local and special district authorizations prior to the start of any construction alteration of works authorized by this permWlicense. (4) The permittee/licensee shall hold and save the County harmless from any and all damages, claims,or liabilities which may arse by reason of the construction,operation,maintenance or use of any facility authorized by the permit/license. (5) The permit/license does not convey property rights nor any rights or privileges other than those specified therein. (6) No construction authorized by the permit/license shall commence until a responsible entity acceptable to the EPD has been established and has agreed to operate and maintain the efficiency of the system. The entity must be provided with sufficient ownership so that it has control over all water management facilities authorized therein.Upon receipt of written evidence of the satisfaction of this condition,the EPD will issue authorization to continence the construction. (7) If drawings or attachments conflict with the specific conditions of this permit/license, the specific conditions will prevail. (6) All storage or stockpiling of tools or materials(i.e. lumber,pilings,concrete,etc.)shall be limited to uplands or within the impact areas authorized by this permit/license. (9) Post-construction,signed and sealed,as-built drawings shall be submitted to the Department within 30 days of project completion to ensure that all structures were constructed as authorized, over and adjacent to surface waters. (10) No dredging is authorized by this permit/license. (11) No natural resource or water quality impacts are authorized by this permit/license. Any impacts to regulated wetland or aquatic resources, or mangrove areas must receive prior approval in writing by the Broward County Environmental Protection Department Biological Resources Division. (12) All watercraft associated with the construction and use of the permitted/licensed structures shall only operate within waters of sufficient depth so as to preclude bottom scouring or prop dredging. (13) Turbidity Controls: Perm ittee/Licensee: Palm Beach Polo Holdings, Inc. Permit No.06-0194396-001 License No.^I<C-3r_2i Page 9 of I l (a) All water bodies which are adjacent to the specific limits of construction authorized by this pe mit/license shall be protected from erosion, sedimentation, siltation, scouring, excess turbidity or dewatert_g. (b) Prir to construction and during all operations that may degrade water quality in waters of the state,the permittee.licensee shall ensure that turbidity controls are practiced as necessary to prevent violations of the water quality standards outlined in Chapter 62-302, F.A.C. Any turbidity control devices used shall remain in place until turbidity, as measured in Nephelometric Turbidity Units(NTUs),within controlled areas returns to within 29 NTUs above natural background levels. (c) Prior to the initiation of any work authorized by this permit/license,floating turbidity curtains shall be installed at the marina facility. The screens shall be maintained and shall remain in place for the duration of the project construction to ensure that turbidity levels outside the construction area do not exceed 29 NTU's above background levels 50 feet downstream of point of discharge. The permittee/licensee shall be responsible for ensuring that turbidity control devices are inspected daily and maintained in good working order so that there are no violations of state water quality standards outside of the turbidity screens. (d) The permittee/licensee shall ensure that turbidity curtains surround all project areas,including all project-associated barges,all active work sites,and any previously worked sites that could continue to emit turbid discharge.The turbidity curtains shall be located within a 50-ft radius of the work site. (e) If an observable turbidity plume is visible leaving the site,the permittee/licensee shall: I. Immediately cease all work contributing to the water quality violation. Operations may not resume until the Department gives authorization to do so. 2. Notify the EPD Biological Resources Division (954) 519-1230 within 24 hours of the time the first violation is detected. 3. Stabilize all exposed material contributing to the water quality violation. Modify the work procedures that were responsible for the violation, and install more turbidity containment devices and/or repair any non-functioning turbidity containment devices. If required by EPD, a turbidity monitoring program shall be initiated. (14) Liveaboards are prohibited at this facility (15) Fish cleaning stations are prohibited at this facility. Permittee/Licensee: Palm Beach Polo Holdings,Inc Permit No.0"194386-001 7 ' - Ucense No.DF03-1 UI Page 10 of If (16) The set of project drawings, exhibits 1 through 3, the 2-page Manatee Exhibit and DEP fibmas 62.343.900(3-5)are attached to and become part of this permit. (17) The permitteeAicensee shall comply with the standard manatee protection construction conditions listed in the attachment,"A Standard Manatee Construction Conditions,revised 2005,for all in-.eater work. (18) Mooring of vessels with lengths excee:ding the Iength of the permitted structures is prohibited. (19) The permittee/licensee shall record a copy of the combined permit/license with the property records. This shall ensure that,if the property is sold,the new owner will be aware of the previous violation and current restrictions. The licensee shall forward the Department a copy of the recorded documents within 30 days of permit/license issuance. (20) A person whose substantial interests are affected by the Department's action may petition for an administrative review under Section 27-14 of the Broward County Code of Ordinances. The petition must contain the information described in 27-14(f) and shall be filed within ten (10) days of the decision made by the director. Executed in Broward County,Florida Broward County Environmental Protection Department Eric Myers,Director Biological Resources Copies furnished to: Lary A.Zink Esq.,Zink,Zink&Zink,Co.,L.P.A. Stephen K.Tilbrook,Esq.,Shuns&Bowen,L.L.P Mac McLaughlin,Broward Marine,Inc. Allen R.Kelley,Esq., Fowler White Bumett, P.A- Michael Garcia,Esq.,Fowler White Burnett,P.A. Glenn N. Smith,Esq.,Ruden McCloskey, Smith,Schuster&Russell, P.A. Steven Ganoe,G&G Marine,Inc. Captain lames J.Ryan,Port Everglades Pilots'Association Michael Owens,Assistant County Attorney Tom Ansbro,City Attorney, City of Dania Beach Meredith Brannon,EPD Shelly Carter, U. S.Army Corps of Engineers,Miami Florida Department ofEnvirotunental Protection, West Palm Beach Permittee/Licensee: Palm Beach Polo Holdings, Inc. Permit No. 06-0194396-001 License No.DF03-1121 Page 11 of I Attachments: Drawings(3 pages) Manatee Exhibit(2 pages) Standard Manatee Conditions(I page) 62-343.900 forms(5 pages) CERTIFICATE OF SERVICE The undersigned hereby certifies that this permit,including all copies were mailed to the above listed persons before the close of business on 2006_ Filing amid Acknowledgment FILED, on this date, receipt of which is hereby acknowledged. Date Prepared by: Julie Krawczyk,Natural Resource Specialist[I LOCAL �i.�ll �:l - - - Mass Home - 4e1y Hcos New User? >ign 'Jt ahoo! Maps - Dania Beach- FL 33C04-25IL DRAFT FDVER'I$EF,iCtl7 Rail to Hap If E-1 P750 "1e 7ih Ave Dania Beach. FL 33004-2502 Fr JJJa fJa't/b Jr/y.rJJJ ■ FREE _ Lao trJ.trt/n aUssro�J 3, 1 afL S e.} s Apron Ac ceN Rf .•_T zYlor Rd: Pe4rne4u Rd —T,rrftin Rd -_ . _. �r Jltrrairf i = Taylolts lluf�s k'etfistJ.s YIN (,t� �dS(NGT �,,l,s,,.• A THING Otd OrdSn Rd z 3Nst3rd-?l--- — N4J3r0 reT'- ;NE3id 5t : a i O Oznlz 6ea c✓t� > HE 2nd?I $ NE 2nd st 0 3 T s 3 I . -,1 Dania rJ a 4Q�7`�ahav Inc W©29 NAVTEQ 'hen using any drieing da_cticrz .;r nap. it 3 a pod iC=_a to do a reality and male sur- ih- r.±ad mill c fists. nat_h out f;r c.,nstruct,cn, and io i6;:: all traffic safety ,ra Ca u;ions. This is only Lu be usad is an a,d n anning. 66 i L t ► Need Local information on the go? �. Simply text a business name and location to 92466 (Yahoo) Trr ofiee 33=104- of -=z� l.- 5zn F:7,l C=. Capynghl®21005 Yahool Inc.All rights reserved. Iv-.v IF _ - `P lF�?Ad l `. E r, r ttp:/lmaps.yahoo.com/pmaps7names&ed=.L3q_up_OTgS58hpSDIJAR1Ay_51Ef2.in9pZOUgkLXJ7... 1 C/3/2005 • t av o INDICATES MARKERS S,4EEj Z Z / f2o.�'/Oq POwF?��LIC.Vl CO, TP/1//S�t/SS/aN L:.✓E SCALE: 1' c /00 I ( O 1 a R TL- F�,0 � F � r� h ` iQ o seY SZJPY � D.t7 ' vA s : Pi_ '.rp � (EDGE aF wp rCR g.dE DD W 3 Ip4 tL of � � 11 A5 It p h PpR °v O N h h 4 a 3 e � � kFCDRDI D y N CDDNN ADM�S���R10A 9004 _ Z 4'rrra�r v / �.�/C•.'r/.E�'/y E�Sfe.lC.�ruuE, EiCFNAC,ORN//IaGC�F(agmCrGRSCMGVT O'///t} CUT-O FF CgNaL - OA/L�!<Y G"UT-OFF� RL h% Gl ✓� ioI _�EIJoI 1 alid"finle�s Se31ed wIlli an emboss ed Smveyois Sear FIELD BOOK No. DRAWN BY JOB ORDER No. PLSgG — CHECKED 0Y_-�A_ 00 ! ist aii( i> � Imo: s I Z so i lj e t o 0 l� m roll Mani I G •� i t Q it 1 i P7� MIR t r7. ii! �#1 �l,i�d�..�C•f�,�`s�i'E�_�d�i ��!��'jt't{Il �: _ .� � � i � : : i g I I. I'����;i f'Ii; ii�r t. '��; ',iil ii !i1,1 � t(�� �j 1�`{€ I.i! !{,� I — •� li ( , �l - £ FRANK BENNARDO.P.E�INC. P BROWARD YACHTS, INC. �� mn ^^•®mvm—^' L_ "�' vxn rv.o,vGn rcwwcs,ENC E CONSULTING ENGINEERS,U e -7- 1y114NAVE ��„NOF:T,ORI HIGHWAY ]y F_� u I v j._ � OWNeF. '0. 9 OC.FIATON,FL 33 31 } 1 ��pv®x¢n�a'�� F,DtilxG x'SO W7[RVIM93M I�,I At.]YG For;Ili IDi3eE2 E�o g 4 I p o„q� mxavwr ]W ME MXYE YNM1V.FL(1FNGINE:ERING C04 �f �j !� 999 ,�®x�wcrPnms O4YA 6[RT.iL U�aTEff HIR131VAlVYf1aS1 r h �m,ummaa STA"uARD AnIcATEE CONSTRUCTION CONDITIONS 2005 r 1. The permittee shall comp!y with the follokvmg manatee protaction construction conditions: a. All personnel associated with the project shall be instructed about the presence of manatees and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act. b. All vessels associated with the construction project shall operate at"No Vrakelldle Speed'at ail wTes while in u e co u ucti on area and w—hiia in R'm,er where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. C. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be property secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not block manatee entry to or exit from habitat. d. All construction personnel are responsible for observing water-related activities for the presence of manatee(s)_ All equipment, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-Foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation. Animals must not be herded away or harassed into leaving. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888404-17WCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville(1-904-232-2580) for north Florida or Vero Beach (1-561-562-3909) for south Florida. f. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities. Alf signs are to be removed by the permittee upon completion of the project. Awareness signs that have already been approved for this use by the Florida Fish and Wildlife Conservation Commission (FWC)must be used. One sign measuring at least 3 ft. by 4 ft.which reads Caution: Manatee Area must be posted. A second sign measuring at least 81/2' by 1 i'explaining the requirements for Idle Speed and the shut down of equipment must be posted in a location prominently visible to water-related construction crews. o c co 0 c o T D ° Q N EU 6U ° C) C U ® CIO Qf ® O 9 0 de LLJ I== cr 00 W — co 00 MEMOaco ja � ( V 0 -0 ` W^ �L ® C OK .5 o CT o V Form 982-343 300(3).F.A.C. fiFcm T ue: Constra e y '� Commencement Notice Date: October 3 11995 Ei`IRQNMTNTAL RESOURCE PERMIT Construction Commencement Notice PROJECT: PHASE: I hereby notify the Department of Environmental Protection that the construction of the surface water management system authorized by Environmental Resource Permit No. has commenced / is expected to commence on 200 , and will require a duration of approximately months weeks days to complete. It is understood that should the construction term extend beyond one year, I am obligated to submit the Animal Status Report for Surface Water Management System Constnlction. PLEASE NOTE: If the actual construction commencement date is not known, Department staff should be so notified in writing in order to satisfy permit conditions. Pecmittee or Title and Company Date Authorized Agent Phone Address FAX COVER SHEET Canton, Ohio Office Hillsboro Beach, Florida Office LARRY A. ZINK LARRY A. ZINK ZINK,ZINK & ZINK CO.,L.P.A. 1198 Hillsboro Mile 3711 Whipple Ave. NW Hillsboro Imperial West, Suite 244 Canton,Ohio 44718-2933 Hillsboro Beach,FL 33062 Phone: 330-492-2225 Phone: 954-428-3672 Fax: 330-492-3956 Fax: 954-428-3672 E-Mail: LAZOHIO( ,aol.com Cellular Phone: 330-495-0171 Send to: From: Larry A. Zink,Esq. Timothy Ryan,Esq Re: City of Dania Beach v Palm Beach Date: February 23 , 2005 Polo Holdings 4 02-3248 Copy to: Office Location: Canton, Ohio Phone Number: 330-492-2225 Fax Number: 954-921-1247 Fax Number: 330-492-3956 Response Needed: YES NO _x_ASAP Total pages,including cover: _2 Will not be mailed: Comments: See document folloNNing: Letter IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton,Ohio and 954-428-3672 in Hillsboro, Florida THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION AND ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE COPYING OR DISTRIBUTION OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS. a-ffilesfaxform.doc ��� i ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVENUE N.W. CANTON,OHIO 44718-2933 EDWARD J. ZINK(1921-1996) Telephone(330)492-2225 *ADMITTED TO PRACTICE IN LARRY A, ZINK* Fax(330)492-3956 FLORIDA E-MAID L.AZOHIOaaoLcom 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone& Fax(954)428-3672 February 23, 2005 Timothy M. Ryan, Esq. By fax 954-921-1247 Special Attorney City of Dania Beach 700 E.Dania Beach Blvd. Dania Beach,FL 33004 Re: City of Dania Beach v Palm Beach Polo Holdings, Inc. Case No. 02-3248 Dear Mr. Ryan: The undersigned is attorney for Palm Beach Polo Holdings, Inc. with regard to the above matter. I am in receipt of the Notice of Request for Authorization to Foreclose, scheduled for March 7, 2005. I am corresponding with you to request that the hearing be continued until April, 2005 because I am not available to attend the hearing on March 7, 2005 due to of a court case I have scheduled out of state which has been scheduled for several weeks. If necessary, I can prepare and file a formal Motion to Continue the matter. I telephoned your office on February 23, 2005 to discuss the matter and was advised you were out of the office until February 24, 2005. I will telephone you again on February 24, 2005 to discuss this matter. Sincerely, ZINK, ZINK &ZINK CO., L.P.A. La A. Zink LAZ/j 1 cc Palm Beach Polo Holdings, Inc. Feb. 23 2005 06: 16PM YOUR LOGO ?INK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 Feb. 23 06:16PM 00'41 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVENUE N.W. CANTON, OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone(330) 492-2225 *ADMITTED TO PRACTICE IN LARRY A, ZINK * Fax (330)492-3956 FLORIDA E-MAIL: LAZOHIO@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax(954)428-3672 February 24, 2005 Timothy M. Ryan,Esq. By fax 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach v Palm Beach Polo Holdings, Inc. Case No. 02-3248/Continuance of March 7, 2005 Hearing Dear Mr. Ryan: This letter is a follow up on my February 23,2005 letter and our telephone conversation of February 24,2005. It is my understanding, based upon our conversation of today, that the March 7, 2005 Hearing on the above matter will be continued until the April 2005 meeting of the Dania Beach Code Enforcement Board. Sincerely, ZINK, ZINK&ZINK CO., L.P.A. ?/A Zink LAZ/j I cc Palm Beach Polo Holdings, Inc. Feb. 24 2005 11:45AM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 1334923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Feb. 24 11:44AM 00'48 SND 02 OK TO TURN OFF REPORT, PRESS 'rENU' 404. THEN SELECT OFF BY USING '+' OR '-' - FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). Feb. 24 2005 11:46AN YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USRGE TIME MODE PAGES RESULT 01 19549211247 Feb.24 11:4GAM 00, 41 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY DING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). FAX COVER SHEET Canton, Ohio Office Hillsboro Beach, Florida Office LARRY A.ZINK LARRY A. ZINK ZINK,ZINK& ZINK CO., L.P.A. 1198 Hillsboro Mile 3711 Whipple Ave.NW Hillsboro Imperial West, Suite 244 Canton, Ohio 44718-2933 Hillsboro Beach,FL 33062 Phone: 330-492-2225 Phone: 954-428-3672 � xw330-492-3956 Fax: 954-428-3672 E-Mail: LAZOHIO(a),aol.com Cellular Phone: 330-495-0171 Send to: Timothy Ryan,Esq. From: Larry A.Zink,Esq. Re: City of Dania Beach v Palm Beach Polo Holdings#02-3248 Date: February 24 ,2005 Copy to: Office Location: Canton,Ohio Fax Number: 954-921-1247 Phone Number: 330-492-2225 Fax Number: 330-492-3956 Response Needed: _YES NO _ASAP Total pages, including cover: _2 Will not be mailed: Comments: See document following: Letter re Continuance of March 7, 2005 Hearing IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton,Ohio and 954-428-3672 in Hillsboro, Florida THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION AND ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE COPYING OR DISTRIBUTION OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS. a-Hiles\faxform.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE., NW CANTON, OHIO 44718-2933 EDWARD J.ZINK(1921-1996) Telephone(330)492-2225 'ADMITTED TO PRACTICE IN LARRY A ZINK' Fax(330)492-3956 FLORIDA E-Mail: LAZOHIO@aol.com Cellular No. (330)495-0171 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST, SUITE 244 HILLSBORO BEACH, FLORIDA 33062 Florida Telephone& Fax(954)428-3672 FAX TRANSMISSION Date; July 25,2005 TO: Tim Ryan Esq./attorney for City of Dania Beach FAX NO: 954-921-1247 FROM: Larry A. Zink, Esq RE: Broward Yachts docks TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE)_2_ RESPONSE NEEDED: YES NO MESSAGE: Following up on my letter to you of last week re the status of Broward Yachts dock permit application see my a mail to Julie Krawczyk of DPEP confirming that DPEP has approved Broward Yachts conceptual drawing of the docks IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION OR YOU RECEIVE IT IN ERROR PLEASE TELEPHONE (330) 492-2225 in Canton, Ohio and (954) 428-3672 in Hillsboro Beach, Florida THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS ATTORNEY COMMUNICATION AND MAY BE PRIVILEGED. PLEASE DESTROY IF RECEIVED IN ERROR. a-ffi les\forms\faxfor4a.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE., NW CANTON, OHIO44718-2933 EDWARD J.ZINK (1921-1996) Telephone(330)492-2225 'ADMITTED TO PRACTICE IN LARRY A.ZINK' Fax (330)492-3956 FLORIDA E-Mail: LAZOHIO@aol.com Cellular No. (330)495-0171 1198 HILLSBORO MI LE HILLSBORO IMPERIAL WEST, SUITE 244 HILLSBORO BEACH, FLORIDA 33062 Florida Telephone& Fax (954)428-3672 FAX TRANSMISSION Date; September 12 , 2005 TO: Tim Ryan, Esq. Cc; FAX NO: 954-921-1247 FROM: Larry A. Zink, Esq. RE: City of Dania Beach/ Palm Beach Polo Holdings Case no. 02-3248 TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE) _2_ RESPONSE NEEDED: YES NO MESSAGE: See document following: letter IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION OR YOU RECEIVE IT IN ERROR PLEASE TELEPHONE (330) 492-2225 in Canton, Ohio and (954) 428-3672 in Hillsboro Beach, Florida THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS ATTORNEY COMMUNICATION AND MAY BE PRIVILEGED. PLEASE DESTROY IF RECEIVED IN ERROR. a-ffileslf0rmslfaxfor4a.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE A%E.,NW CANTON.OHIO 44718-2933 EDWARD I.ZINK(1921-1996) Telephone (330)492-2225 'ADMH I E'DTO PRACHCE IN LARRYA-ZINK' Fax 1330)492-3956 FLORIDA Cellular Phone. (330)495-OI7I E-Mail LAZOhio�aol corn 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax (954)428-3672 September 12, 2005 Timothy M. Ryan, Esq. Via Fax: 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No. 02-3248 Dear Mr. Ryan: This letter will update you on the status of the docks permit. On July 13, 2005, DPEP approved the conceptual design for five docks. DPEP requires that signed and sealed construction drawings be prepared and submitted to DPEP. Polo Holdings is awaiting the completion of the drawings. Once the drawings are submitted to DPEP I expect a quick approval. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. Larry A. Zink, Esq. LAZ/mab m-rfiles\ bholdin s.510Vdaniabeachdock'Tyan.doc P g HP OfficeJet K Series K60 Log for Personal Printer/Fax/Copier/Scanner PALM BEACH POLO 5617907114 Sep 12 2005 10:58am Last Transaction Date Time Twe Identification Duration Pages Result Sep 12 10:57am Fax Sent 19549211247 0:45 2 OK ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WHIPPLE AVE.,NW CANTON,OHIO 44718-293, EDWARD J.ZINK(1921-1996) Telephone- (330)492-2225 "ADMITTED TO PRACTICE IN LARRY A.ZINK' Fax (330)492-3956 FLORIDA E-Mail_ LAZOhioaJ Lcom 1198 MLLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax (954)429-3672 MEMO TO; Tim Ryan Esq. Special Attorney- City of Dania Beach FAX NO: 954- 921- 1247 FROM; Larry A. Zink Esq. RE; Broward Yachts Inc- Dock application/ Dania Beach case # 02-3248 DATE; 10/22/05 This Memo is a follow up on the 9/12/05 status report I sent to you. The final signed & sealed dock drawings have been filed with DPEP and I expect finalization of the process with DPEP within the next 2 weeks. Zi Zink & Zink, Co. LPA tarry A. Zink Esq. Oct. 22 2035 09:07AM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 Oct. 22 09:0GAM 00'26 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). Oct. 22 2005 09:06AM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Oct. 22 09:05AM 00'28 SND 01 OK TO TURN OFF REPORT, PRESS 'ME14U' #04. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WI IIPPLE AVE.,NW CANTON,OIIIO 44719-2933 EDWARDJ-ZINK(1921-1996) Telephone: (330)492-2225 'ADMITTED TO PRACTICE IN LARRY A.ZINK' Fax (330)492-3956 FLORIDA Cellular Phone: (330)495-0171 E-Mail: LAZOhio@aol.com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax: (954)428-3672 November 29 2006 Timothy M. Ryan, Esq. Ryan & Ryan, LLC 700 E. Dania Beach Blvd. Third Floor Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No.: CEB 02-3248 Your File No.: 19995 D Dear Tim: On October 26"i, 2006, the Broward County Environmental Protection Department issued its Notice of Intent to Issue Environmental Resource Permit and License (See copy enclosed). The Notice of Intent was published in the Sun Sentinel on November 20', 2006. On July 141h, 2006, I filed with the Court of the City of Dana Beach a Request for Abatement and Release of Lien (See copy enclosed). No hearing has been scheduled on the Request for Abatement. My client is desirous of getting this matter heard and resolved. What, if anything needs to be done to get this Request for Abatement heard? Please advise. Very Truly Yours, ZINK, ZINK & ZINK CO , L.P.A. it-/� L rry A. Zink, Esq. LAZ/mab Cc: Palm Beach Polo Holdings, Inc. a-fTiiles\broHardyachts 511\ryan-daniabeach.coin Nov. 29 2006 10:22AM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 1324923956 NO. OTHER FACSIMILE START TINE USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Nov. 29 10:21AM 00'49 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU' t104. THEN SELECT OFF BY USING '+' OR . FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX C435-7329). AGENDA REQUEST FORM CITY OF DANIA Date: April 27,2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Bony Capetillo -2717 SW 47 Street. Summary Explanation & Background: This was originally cited on 2/13/06 for 1 violation and was given 30 days to comply. This was taken to the board on 6/19/06 for 1 violation. A final order was issued giving the defendant 90 days to comply or a fine of$150.00 per day would be levied. The compliance date was 10/16/06. The case went back to the Special Magistrate on 1/22/07 for a confirmation of fine. The property was not brought into compliance and the lien was confirmed on 10/16/06. The property was brought into compliance on 2/14/07. This went back before the Special Magistrate on 4/9/07 for an abatement recommendation. At the Special Magistrate hearing, the abatement of $2,500.00 was given. Exhibits (List): (1) Memo from Lester Garcia, Code Compliance Office Supervisor. (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 6119/06, 1/22/07, 4/9/07 Code Board meetings and Special Magistrate hearings. Purchasing Approval: Prepared By: Ana Restrepo, Code Compliance Administrative Specialist. Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing the testimony and based on recommendations, recommends abating the lien to $2,500.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk FLORIDA February 13, 2006 BONY CAPETILLO Case Number: 06-00000336 2717 SW 47 ST DANIA BEACH, FL 33004 Location: 2717 SW 47 ST Folio: 5042-29-14-0350 Legal Description: AVON HEIGHTS 38-38 B LOT 11 BLK 2 Dear BONY CAPETILLO: 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 March 15, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. if you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, A GA ANEOF CO E NSPECTC I certify that an original hereof was furnished to the above named addressee by: Certified Mail 4 70C2 0860 0000 5818 9796 by SHARIANN PEARSON Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 06-00000336 PROPERTY ADDRESS 2717 SW 47 ST - - - - - - --- - ----- ------- - ----- ------- ----------------- - ----- ---- VIOLATION: FBC 104 . 1, PERMIT, REQ'D QUANTITY: 1 DESCRIPTION: FBC 104 . 1 , PERMIT, CARPORT DATE: 2/13/06 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) within thirty (30) days or remove all work. ORDINANCE DESCRIPTION : Violation of 104 . 1 of the Florida Building Code, carport permit (s) required. CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0336 municipal corporation PETITIONER, vs. BONY CAPETILLO RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on June 19, 2006, after notice. Based upon the evidence presented, the Code Enforcement Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Enforcement Special Magistrate has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, Bony Capetillo, did allow the following code violation to exist at property Respondent owns located at 2717 SW 47 St, Dania Beach, Florida, which property is legally described as: AVON HEIGHTS 38-38 B LOT 11 BLK 2(#0229 14 0350): FINAL ORDER #06-0336 PAGE 2 1. Florida Building Code 104.1. Respondent constructed a carport without a building permit. Failure to obtain required permits and inspections for carport. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Bony Capetillo: (a) has been found to be in violation of the above described code sections listed in paragraph b.(1). A fine of $150.00 per day will begin running 90 days from the date this order is signed by the Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent, Bony Capetillo, for the foregoing violation listed in paragraph b.(1), a fine of $150.00 per day, to begin running 90 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violation come into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. 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 1Y day of 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0336 PAGE 3 CODE ENFOR MENT SPECIAL MAGISTRATE don Linn, Esq. Notary Seal: Sworn and su ed before me this day ofcr' 2006. S�n/OlLbI.JLA�fn� 11 �✓UQAr.J NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. SHARWJN PFARSON at%Notary Public•State of Florida a• zMM/CanllnFdlO/16rplesmo✓11,2008 CERTIFICATE OF SERVICE i; canmissionxt> 318233 IrYBonded ByNallonolNokNvAwk I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Bony Capetillo, this I? day of 2006. CERTIFIED MAIL 7001 1940 0002 6631 2880 n aa911 AEG CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0336 Municipal corporation PETITIONER, FINAL ORDER vs. BONY CAPETILLO RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 22"d day of January 2007, and based on the evidence, the Code Compliance Special Magistrate enters the following findings of fact and order: 1. That the Code Compliance Special Magistrate did enter on the 18t" day of July 2006, a Final Order in the above captioned case commanding the Respondent(s), Bony Capetillo to bring violation(s) specified in said Final Order into compliance on or before the 16th day of October 2006, or pay a SUPPLEMENTAL ORDER #06-0336 fine in the amount of$150.00 per day for each day of non compliance thereafter. 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: AVON HEIGHTS 38-38 B LOT 11 BLK 2 (0229 14 0350). 3. That the Respondent(s), Bony Capetillo, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Compliance Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent(s), Bony Capetillo, shall comply with said Final Order. Upon complying, the Respondent(s) shall notify the City's Code Compliance Department and an officer will inspect the property and notify the Code Compliance Special Magistrate whether Respondent(s) has/have complied. 5. It is the order of this Code Compliance Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent(s). DONE AND ORDERED at Dania Beach, Broward County, Florida, this e3 Day of if 2007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #06-0336 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By. G� - ark E. Bwr an, Esq. r Sworn to and subscribed before me this 6 day of-F tVvAP-4 2007, b Mark E. Berman who is personally known to me. 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J .- W 0 a a C tf Q o T m N N N U O T O N a) 0 m E > N d = J U a C .O N L n a) (6 D LY J C y C C, O) ~ (a W m 5 _N O m al U m 'C L n c o 0 m o) w o M , U a c U _ of T N = a- U n o. ac c (Li ani � __ ❑ o o u m rn@ - -� cwmt U 0 0 E -M F 3 m ° a) L o m m c m E U u U z c (n m °� m `m > > a� oU v ) n> mC70m 0Ld ' mm mm ❑ p p 0 0 0CID N �..) o (n a) N L (O m a C m w C c U w m L l0 (a @ E L C L C C C@ - C w � co m O N w U) m C 3 E -30 C IN C C K o z � (L d' m UNQ z ❑ m (.7 .a-° � U` E ❑ Y ❑ m � -mi ❑ W H ❑ ❑ QFL- M O V (D O O r W r IO M IO N (D IO N O 0) 0) N O M 0) C, N w N V Cl) V 0) IO V O N 0) r M M r O W r M N In N O O O N M M y M V o M 0 N O O r N 0 0 0 V O O O r 00 O C) O C)N O O O In 0 I r I� I� n m C) 0 0 r I� U o 0 0 0 0 0 0 0 0 0 0 0 0 0101 0 0 010101010,0 0 0 0 0 0 0 `w O N M V IO w I- as C) O - N 0 V IO a0 h a0 m O O N M V ID W I� W r N N N N N N N N N N M d N m U AGENDA REQUEST FORM CITY OF DANIA Date: April 27,2007 Agenda Item#: 3 . 3 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Florida Sweeping Inc. -4630 SW 44 Avenue Summary Explanation & Background: This was originally cited on 4/12/05 for 9 violations and was given 5 days to comply. This was taken to the board on 10/03/05 for 6 violations and was continued until the 1117/05 meeting. At the 11/7/05 meeting, a final order was issued giving the defendants 120 days to comply or a fine of$200.00 per day would be levied. The compliance date was 5/12/06. The case was taken to the Special Magistrate on 7/17106 and was continued until the next hearing on 8/14/06. On 8/14/06 the fines were reduced from $200.00 per day to $175.00 per day, to begin running 1/21/06. The property was not brought into compliance and the lien was confirmed on 8/14/06. The property was brought into compliance on 11/3/06. This went back before the Special Magistrate on 4/9/07 for an abatement recommendation. At the Special Magistrate hearing, the abatement of$15,405.00 was given. The case came back before the Commission on 01/18/07, but there was no reduction because the respondent was not present. Exhibits (List): (1) Memo from Lester Garcia, Code Compliance Office Supervisor. (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 41l2/05, 10/3/05, 11/7/05, 7/17/06, 8/14/06, 4/9/07 Code Board meetings and Special Magistrate hearings. Purchasing Approval: Prepared By: Ana Restrepo, Code Compliance Administrative Specialist Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing the testimony and based on recommendations, recommends abating the lien to $15,405.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 19. Case #05-643 Joan Leto Tr 320 S Federal Highway Dania Beach, FL William Johnson, having been previously sworn in, came forward and asked for a continuance until the next meeting. Tim McLeod made a motion to continue the case until the next meeting. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman— yes Terrell McCombs—yes Richard Bettor— yes 20. Case #05-0440 Florida Sweeping Inc 4340 SW 44 Avenue Fort Lauderdale, FL William Dubisky, having been previously sworn in, came forward and asked for a continuance until the next meeting. Terrell McCombs made a motion to continue the case. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 21. Case #05-0931 Charles Rhodes 1303 SW 2 Avenue Dania Beach, FL William Johnson, having been previously sworn in, came forward and asked for a continuance. Jimmy Peterman made a motion to continue the case until the next meeting. Tim McLeod seconded the motion which carried on the following roll call: Tim McLeod— yes Jimmy Peterman— yes Terrell McCombs— yes Richard Bettor—yes 22. Case 905-0992 Earl H Burns 19 SW 15 Street Dania Beach, FL William Dubisky, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch. 13, there is miscellaneous trash and debris remaining on the property, and no occupational license has been issued. Mr. Dubisky said that he has spoken to Mr. Bums and he is requesting 30 days. Jimmy Peterman made a motion to adopt the finding of fact by Wil Dania Beach Code Board Summary Minutes 11 October 3,2005 Ch.13, Art.II, SEC 13-29 Ch.39, ART.X, SEC.39-132A & 133 Ch.39, ART.XVI, SEC.39-275(6) B Present for the Defendant: No one Disposition: Property complied. Motion by David Nuby, second by Tim McLeod to continue the case to the next meeting for a motion to confirm. Motion carried by unanimous vote. Case # 03-4607 Schmitz Family Tr/Steve Lee Altland Trste 210 SW 7 Street. Inspector: William Dubisky Violations: Ch 13, Sec. 13-26; Ch 13, 13-23; Ch 15, Sec.15-1: Ch.13 Sec.13-23; Ch.13, Sec.13- 23; Ch.15, Sec.15-1; Ch.8, Art.II, Sec.8- 21A2G; Ch.8, Art.II, Sec.8-21A5A1 Present for the Defendant: Steve Altland) sworn in. Disposition: Property is in compliance. Motion by Jimmy Peterman, second by Tim McLeod to abate the fine to $5,000. Motion carried by unanimous vote. Case# 05-440 Florida Sweeping Inc, 4630 SW 44 Avenue Inspector: William Dubisky Violations: Ch.39, Sec.39-132A&39-133, Ch.15,Sec.15- 3, Ch.16,Sec.l6-4; Ch.39,Art.XVIII,Sec.39- 313; Ch.39,Art.XVIII, Sec.39-309 Ch.39,Art.XVII,Sec.39-307; Ch.104.2,Sec.104.2.5; NEC,Art.80,Sec.80.9(C) Present for the Defendant: Diana Centrino, Attorney Basil Sloly) sworn in. Disposition: Property still in violation. Motion by Tim McLeod, second by Jimmy Peterman to give the defendant 120 days to comply, thereafter a fine of $200.00/day. Motion carried by majority vote. m Dania Beach Code Board Summary Minutes 4 November 7 , 2005 Ch.13, Art.II, SEC13-29 Ch.39, ART.X, SEC.39-132A & 133 Ch.39, ART.XVI, SEC.39-275(6) B Present for the Defendant: No one Disposition: Property complied. Motion by David Nuby, second by Tim McLeod to continue the case to the next meeting for a motion to confirm. Motion carried by unanimous vote. Case# 03-4607 Schmitz Family Tr/Steve Lee Altland Trste 210 SW 7 Street. Inspector: William Dubisky Violations: Ch 13, Sec. 13-26; Ch 13, 13-23; Ch 15, Sec.15-1: Ch.13 Sec.13-23; Ch.13, Sec.13- 23; Ch.15, Sec.15-1; Ch.8, Art.II, Sec.8- 21A2G; Ch.8, Art.II, Sec.8-21A5A1 Present for the Defendant: Steve Altland} sworn in. Disposition: Property is in compliance. Motion by Jimmy Peterman, second by Tim McLeod to abate the fine to $5,000. Motion carried by unanimous vote. Case #05-440 Florida Sweeping Inc,4630 SW 44 Avenue Inspector: William Dubisky Violations: Ch.39, Sec.39-132A&39-133, Ch.15,Sec.15- 3, Ch.]6,Sec.16-4; Ch.39,Art.XVIII,Sec.39- 313; Ch.39,Art.XVIII, Sec.39-309 Ch.39,Art.XVII,Sec.39-307; Ch.104.2,Sec.104.2.5; NEC,Art.80,Sec.80.9(C) Present for the Defendant: Diana Centrino, Attorney Basil Sloly) sworn in. Disposition: Property still in violation. Motion by Tim McLeod, second by Jimmy Peterman to give the defendant 120 days to comply, thereafter a fine of $200.00/day. Motion carried by majority vote. 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LL y ZJZJ O U ~ O W ❑ W 0 7 ? g O''Ix IU LLZLLWU' U' �o o h m (7 m O c � o z -i LU aQ J m 0 O W K W ZJQi» Z ao W 00 m W > W N N 0LLULL' UU o> W W d N o Z � W = L N W .D p' 0:. p J p 0' W W U) mNLLN V o ate' ( I W *ac pu� vl �nLLLL c M N ca W W W (q ♦J -i CD O � m � m oaaa ¢ ¢ ■ — LLoC7a LL CL r m o U E U y W o m y W o J W W q N Q 1 M M � 0w0 0 LO V- W = cQ, v~i 0 LL J Q U r IX J Q M W SPECIAL MAGISTRATE DANIA BEACH CODE COMPLIANCE 100 WEST DANIA BEACH BLVD. DANIA BEACH, FLORIDA (954) 924-3646 CITY OF DANIA BEACH, a Florida Municipal Corporation Case # 05-0440 Plaintiff NOTICE OF FORMAL HEARING vs. Florida Sweeping, Inc. Respondent TO: Florida Sweeping, Inc. 1803 Gardenia Rd. Plantation, FL 33317 You are hereby notified that the City of Dania Beach has alleged that you are in violation of the following Code Section, Code of Ordinances, City of Dania Beach, Florida. CH 15 SEC 15-1 CH 15 SEC 15-3 CH 16 SEC 16-4 CH 39 ART XVIII SEC 39-313 CH 39 ART XVIII SEC 39-309 CH 39 ART XVIII SEC 39-307 A copy of the Notice of Violation of municipal ordinance, previously served upon you, is attached. You are further notified that the SPECIAL MAGISTRATE FOR MUNICIPAL CODE COMPLIANCE will hear and try the alleged violation at 6:30 PM. on April 9, 2007 at the City of Dania Beach, 100 West Dania Beach Blvd., Dania Beach, Florida. IMPORTANT— READ CAREFULLY 1. You are required to be present at this hearing to avoid the issuance of an order by default against you, having the force of the law, commanding you to take whatever steps are necessary to bring the violation into compliance. Please bring this NOTICE OF FORMAL HEARING with you. 2. If you have witnesses, books, receipt or other writings bearing on this alleged violation, bring them with you to the hearing. 3. If you wish to subpoena witnesses, see the Dania Beach Code Compliance Clerk, City Hall, 100 West Dania Beach Blvd., Dania Beach Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the Special Magistrate for Code Compliance with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appear is to be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Dania Beach Code Compliance Clerk, leave your name, phone number, and case number and an inspector will recheck the property for compliance. 7. In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact Code Compliance, Special Magistrate Clerk at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3646 not later than two business days prior to such proceeding. DATED at Dania Beach, Florida, this 5T" day of March, 2007. Dania Beach Code Compliance Clerk By: Lester Garcia (954)924-3790 Certified Mail 7004 2510 0003 0646 0202 XC: Florida Sweeping, Inc. 4630 SW 44 Ave.Dania Beach, FL 33004 Certified Mail 7004 2510 0003 0646 0196 XC: Coker& Feiner 1404 S. Andrews Ave. Ft. Lauderdale, FL 33316-1840 Certified Mail 7004 2510 0003 0646 0189 Also sent regular mail LG FLORIDA April 12, 2005 AMENDED LETTER FLORIDA SWEEPING INC Case Number: 05-00000440 1803 GARDENIA ROAD PLANTATION, FL 33317 Location: 4630 SW 44 AVE Folio: 5041-25-28-0011 Legal Description: GRIFFIN NEW RIVER PLAT 159-18 B PARCEL A S 180 Dear FLORIDA SWEEPING INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by April 17, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sinc ely, Ui WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8258 6648 by DOREEN GRANT Also sent regular mail "Broward's First City" West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us PAGE 1 • CASE NUMBER 05-00000440 PROPERTY ADDRESS 4630 SW 44 AVE - ---------------- ------------- --- ----------------------------- VIOLATION: CH39,X,SEC39-132A&39-133 QUANTITY: 1 DESCRIPTION: CH39,ART X, SEC.39-132a&39-133 DATE: 4/12/05 LOCATION: NARRATIVE All grass, weeds, shrubs, hedges, and any other vegetation on property and contiguous Swale area must be cut and maintained. Any junk, junk items, debris, trash or litter must be removed from property and/or contiguous swale area. ORDINANCE DESCRIPTION : Violation of Chapter 39, Broward County Zoning Code, Article X, Property Maintenance and Junk or Abandoned Property, Section 39-132 (a) Public Nuisance and 39-133, Duty to Maintain. It shall be the responsibility of all property owners to maintain their property and contiguous swale areas free of junk, junk items, debris, trash and litter and to cut and maintain all ground cover and vegetation. It has been determined that failure to maintain property constitutes a public nuisance in that the property is creating an eyesore to the community. -------------------------------------------------------------- VIOLATION: CH. 15, SEC. 15-1 LICENSES QUANTITY: 1 DESCRIPTION: CH. 15, SEC. 15-1 LICENSES DATE: 4/12/05 LOCATION: NARRATIVE Obtain required occupational license or cease all business related activities . ORDINANCE DESCRIPTION : Violation of Chapter 15, Licenses, Section 15-1, Required to engage in business; Registration required. It shall be unlawful for any person to engage in or manage any business in the city without having a License from the City of Dania Beach. ------------------- ---- - - -- ----- ------ - - -------------- ----- - - - VIOLATION: CH. 15, SEC. 15-3 , LICENSES QUANTITY: 1 DESCRIPTION: CH. 15,SEC. 15-3, LICENSES DATE: 4/12/05 LOCATION: NARRATIVE Obtain required occupational license for each separate business operating on property or cease all business related activities. ORDINANCE DESCRIPTION Violation of CH. 15, Licenses, Section 15-3 , Separate License for each location. No person shall engage in or manage any business, profession or occupation in this city without first obtaining a license therefore for each separate PAGE 2 CASE NUMBED 05-00000440 PROPERTY ADDRESS 4630 SW 44 AVE ORDINANCE DESCRIPTION : location in the city. --------------------------------------------------------- ----- VIOLATION: CH. 16, SEC. 16-4 MOB LIV UN QUANTITY: 1 DESCRIPTION: CH. 16, SEC. 16-4 MOB LIV UNIT DATE: 4/12/05 LOCATION: NARRATIVE All persons sleeping in, occupy, cook in or use as a dressing room any type of mobile living unit, except those mobile living units parked at a licensed trailer park. ORDINANCE DESCRIPTION : Violation of Chapter 16, Mobile Living Units, Section 16-4 , Use restricted to units parked at trailer park. It shall be unlawful to sleep in, occupy, cook in or use as a dressing room any type of mobile living unit, except those mobile living units parked at a licensed trailer park. -------------------------------------------------------------- VIOLATION: CH39,ART.XVIII, SEC.39-313 QUANTITY: 1 DESCRIPTION: CH39,SEC.XVIII, SEC. 39-313 DATE: 4/12/05 LOCATION: NARRATIVE All semi-trailers on property being used for any purpose not in conjuction with the approved use as determined at the time of issuance of an occupational license must be removed. ORDINANCE DESCRIPTION : Violation of CH. 39,ART.XVIII, SEC.39-313 , Limitation of uses . The converting of semi-trailers into any type of living, office or any other type of use other than that determined as a permitted use upon the issuance of an occupational license from the city of Dania Beach shall be deemed unlawful . ----- --- - --- ------- -------- - - -- --- ---------------------------- VIOLATION: CH39,ART.XVIII , SEC. 39-309 QUANTITY: 1 DESCRIPTION: CH39,ART.XVIII , SEC. 39-309 DATE: 3/09/05 LOCATION: NARRATIVE Any use ad/or operations of property other than that as approved and stipulated by the issuance of an occupational license from the city of Dania Beach must cease. ORDINANCE DESCRIPTION : Violation of Chapter 39,BCZC,Article XVIII, Industrial Districts; Section 39-309, Prohibited uses . Any use not specifically listed, or which by inference is not listed, in section 39-308 shall be prohibited. ---------------- ------- ------------------------------------ --- VIOLATION: CH. 39,ART.XVII, SEC. 39-307 QUANTITY: 1 DESCRIPTION: CH. 39,ART.XVIII, SEC. 39-307 DATE: 4/12/05 LOCATION: 3 CASE NUMBER 05-00000440 PROPERTY ADDRESS 4630 SW 44 AVE NARRATIVE : CONTINUED All items not permitted on property must be removed. ORDINANCE DESCRIPTION : Violation of Chapter 39, BCZC, Article XVIII, Sec. 39-307, General Provisions . The outside storage of any and all items not directly associated with the approved business activity of the business as determined by the issuance of occupational licenses from the City of Dania Beach shall not be permitted. -------------------------------------------------------------- VIOLATION: CH. 104 .2, SEC. 104 .2 . 5 QUANTITY: 1 DESCRIPTION: CH. 104 .2,SEC. 104 .2 . 5 DATE: 4/12/05 LOCATION: NARRATIVE Retain a licensed contractor and pull permits . Obtain required inspections for all electrical work performed on property. ORDINANCE DESCRIPTION Violation of Chapter 104 .2, Permits to be issued, Section 104 .2 .5 . The installation, alteration or repair of any electrical wiring or equipment, as provided in chapter 27, electrical systems. It shall be unlawful to perform or commence any installation of light, heat, power or low voltage systems either permanent or temporary wiring, or make extensions and/or changes to existing installations of light, heat, power or low voltage systems upon premises, inside, outside and/or attached to buildings or structures of any without having filed an application and obtained an electrical permit from the appropriate electrical division. -------- --------------------------------- ------------------ --- VIOLATION: NEC,ART. 80, SEC. 80 . 9C) QUANTITY: 1 DESCRIPTION: NEC,ART.80, SEC. 80 . 9 (C) DATE: 4/12/05 LOCATION: NARRATIVE Obtain required permits and inspections for all work performed. ORDINANCE DESCRIPTION Violation of the National Electric Code, Article 80, Administration and Enforcement, Section 80 . 9 (C) Additions, alterations, or repairs to any building, structure, or premises shall conform to that required of a new building without requiring the existing building to comply with the requirements of the code. Additions, alterations, installations, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the existing service, feeder, or branch circuit shall not result in an PAGE 4 CASE NUMBER 05-00000440 PROPERTY ADDRESS 4630 SW 44 AVE ORDINANCE DESCRIPTION : installation that violates the provisions of this code in force at the time the additions are made. CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE# 05-0440 municipal corporation PLAINTIFF, VS. FLORIDA SWEEPING, INC. DEFENDANT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on November 7, 2005, after notice. Based on the evidence presented, the Board makes the following findings of fact and conclusions of law: 1. The board has jurisdiction of the Defendant and the subject matter of this action. 2. Defendant, FLORIDA SWEEPING, INC., owns property located at 4630 SW 44' Avenue, Dania Beach,Florida,which property is legally described as: GRIFFIN NEW RIVER PLAT 159-18 B PARCEL A S 180 (#0125 28 0011). 3. Defendant, FLORIDA SWEEPING, INC., was cited by the City of Dania Beach for the following violations at the subject property: FINAL ORDER #05-0440 PAGE a. Chapter 15,Licenses,Section 15-1,Required to engage in business;Registration required. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupation license for business. b. Chapter 15,Licenses, Section 15-3, Separate license for each location. The defendant operates, or allows to be operated, more than one business on the subject property. Failure to obtain occupational licenses for each separate business operating on the property. c. Chapter 16, Mobile Living Units, Section 16-4, Use restricted to units parked at trailer park. There are mobile living units on the subject property being used for such purposes as occupancy, sleeping and cooking which is prohibited. Failure to vacate persons from all mobile living units on the property and cease such operations. d. Chapter 39, Art. XVIII, Sec. 39-313, Limitation of uses. The converting of semi-trailers into any type of living,office or other type of use other than that determined as a permitted use upon the issuance of an occupation license from the City of Dania Beach shall be deemed unlawful. Failure to cease using semi-trailers on the property for any purpose not in conjunction with the approved use as determined at the time of issuance of an occupational license from the City of Dania Beach. e. Chapter 39,Broward County Zoning Code,Article XVIII,Industrial, Districts; Section 39-309, Prohibited Uses. The subject property is being used for operations other than those approved and stipulated by the issuance of an occupational license from the City of Dania Beach. Failure to cease Return to: Patricia Varney, Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 FINAL ORDER #05-0440 PAGE use of the property for such purposes other than those approved and stipulated by the issuance of an occupational license from the City of Dania Beach. f. Chapter 39, Broward County Zoning Code,Axticle XVIII, Section 39-307, General Provisions. The outside storage of any and all items not directly associated with the approved business activity of the businesses as determined by the issuance of occupational licenses from the City of Dania Beach shall not be permitted. Failure to remove all items not permitted on the subject property. 4. The subject property is located within the industrial-general(IG)zoning district which permits, among other things, light industrial uses within a completely enclosed building and light manufacturing uses within a completely enclosed building,all in accordance with the requirements of the Dania Beach Zoning Code. 5. There are currently three mobile living units(i.e., trailers)on the property with several people living in the trailers. Other current activity on the property includes a tire business, a street sweeping/cleaning business and a paving company. There is also exterior storage of miscellaneous equipment on the property,including several travel trailers,a semi-trailer,a shipping container,street sweeping equipment and paving equipment. 6. Defendant submitted documentation showing it has owned the property since July, 1997, has had an occupational license for a Florida Sweeping, Inc. business with Broward County since 1996 and has a hazardous material management facility license with Broward County effective August 1, 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 FINAL ORDER #05-0440 PAGE 4 7. Defendant also submitted a letter from Jeff Day, Assistant Zoning Official with Broward County,which stated the subject property was located in the county's M-3 industrial zoned district prior to 1996 and remained M-3 industrial zoning while in the jurisdiction of unincorporated Broward County. Defendant alleges the outdoor storage of heavy equipment is a legal non- conforming use which was grandfathered in when the city annexed the property in 2001. 8. Plaintiff submitted an email from Jeff Day which stated that Florida Sweeping,Inc. applied to the county for a certificate of use which was never issued due to noncompliance with county zoning codes. Jeff Day's email also states that Sanchez Tire applied for a certificate of use at the subject property which was never issued due to the fact that the primary tenant,Florida Sweeping,Inc.,was not in compliance and did not have a certificate of use issued by Broward County. 9. Defendant's operations are in violation of the current zoning industrial-general(IG)zoning code and defendant has failed to establish that it has a legal nonconforming use since it applied to the county for a certificate of use and was denied a certificate of use for its business operations at the subject property. Upon consideration, the motion was made to find the defendant in violation of the code sections cited in Section 3(a) through 3(f) which motion was made and carried. It is, thereupon ORDERED: Defendant, FLORIDA SWEEPING, INC. has been found to be in violation of the above Retum to: Patricia Varney, Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 FINAL ORDER #05-0440 PAGE 5 described code sections listed in paragraphs 3(a)through 3(f). A fine of$200.00 per day will begin running 120 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, FLORIDA SWEEPING, INC., for the foregoing violations listed in paragraphs 3(a)through 3(f), a fine of$200.00 per day, to begin running 120 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,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 Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of 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 JAnua", acc(v day of Beee►xber, 2445r DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 FINAL ORDER #05-0440 PAGE Notary Seal: Sworn and subscribed before me this 1>�day of Becer»�er,�995- jmlu"' aoo(o NO ARY PU IC'STATE OF FLORIDA Richard Bettor is personally known to me. -K Dion.a er nd" a� �% MP Comm4abn DDtl7260 I w Expm Mgy 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 FINAL ORDER #05-0440 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Florida QOOCo Sweeping, Inc.,this 1_day of 240• CERTIFIED MAIL #7002 2030 0003 1209 9558 CODE NFORCEME T BOARD CLERK APPROVED A ORM AN CORRECTNESS TIM RYAN, SP CIAL CITY ATTO EY xc: Diana Waterous Centorino, Esq., Diana Waterous Centorino, P.A. 1230 S.E. 4`" Avenue, Fort Lauderdale, FL 33316 Certified Mail #7002 2030 0003 1209 9565 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 1 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-0440 Municipal corporation PLAINTIFF, ORDER vs. FLORIDA SWEEPING INC. RESPONDENT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 14th day of August 2006, and based on the evidence, the Code Enforcement Special Magistrate enters the following findings of fact and order: 1. That the Code Enforcement Board did enter on the 12'h day of January 2006, a Final Order in the above captioned case commanding the Respondent, Florida Sweeping Inc., to bring violations specified in paragraphs 3(a) through 3(f) of said Final Order into compliance on or SUPPLEMENTAL ORDER #05-0440 before the 12th day of May 2006, or pay a fine of$175.00 per day thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: GRIFFIN NEW RIVER PLAT 159-18 B PARCEL A S 180 (#0125 28 0011). 3. That the Respondent, Florida Sweeping Inc., did correct the violation specified in paragraph 3(c) of the Final Order but did not correct the violations specified in paragraphs 3(a), 3(b), 3(d), 3(e), and 3(f) of the Final Order. 4. The fine is reduced from $200.00 to $175.00 per diem in recognition of Respondents compliance with paragraph 3(c) of the Final Order. 5. It is the order of this Code Enforcement Special Magistrate that the fine specified in said Final Order is hereby confirmed and ratified at $175.00 per day beginning May 12, 2006, and shall accrue at the per diem specified until such time as the Respondent, Florida Sweeping Inc., shall comply with said Final Order. Upon complying, the Respondent shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. 6. It is the order of this Code Enforcement Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent. DONE AND 9RD RED at Dania Beach, Broward County, Florida, this 7 Day of 2006. DANIA BEACH CODE E RCEMENT SPECIAL MA T E By: Mark E. r Esq. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,F1 33004 SUPPLEMENTAL ORDER #05-0440 Sworn to and subscribed before me this day of , 2006, by Mark E. Berman, who is personally known to me. NO ARY PUBLIC S FLUVMWPEARSON =g. .;,,,Notary Public-State of Florida ,NVOcrrrr*donE0es"l 1,= ?e"d,A,.` Commbsbn M DD 31 e233 CERTIFICATE OF SERVICE eonrledByNoeorwlN tcwyA=. I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent, Florida Sweeping Inc., this�_day of "4o' 2006. CERTIFIED MAIL # 7001 1940 0002 6631 2255 JAI lLU— r p,A O,/dl Aja--J ACTINg CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK xc: Richard G. Coker, Jr., Esq., Coker & Feiner, 1404 South Andrews Avenue, Ft. Lauderdale, FL 33316-1840 Certified Mail # 7003 1010 0004 8918 6356 Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 AGENDA REQUEST FORM CITY OF DANIA Date: April 27,2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for Bryan Road Investments LLC. - 80 SW 8 Avenue Summary Explanation & Background: This was originally cited on 5/24/05 for 1 violation and was given 30 days to comply. This was taken to the board on 8/1/05 for 1 violation. At the 8/1/05 meeting, a final order was issued giving the defendants 120 days to comply or a fine of$100.00 per day would be levied. The compliance date was 12/28/06. The case went back before the Board on 2/6/06 where an extension was denied. The property was not brought into compliance and the lien was confirmed on 7/20/06. The property was brought into compliance on 9/19/06. This went back before the Special Magistrate on 6/12/06 for a confirmation of the total fine owed, which is $6,100.00. At the Special Magistrate hearing on 10/9/06, the recommendation for abatement of $2,500.00 was given. The case came before the Commission on 01118/07, but there was no reduction because the respondent was not present. Exhibits (List): (1) Memo from Lester Garcia, Code Compliance Office Supervisor. (2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (3) Copy of the original violation letter issued. (4) Copy of minutes from the 8/1/05, 2/6/06, 6/12/06, 10/9/06 Code Board meetings and Special Magistrate hearings. Purchasing Approval: Prepared By: Ana Restrepo, Code Compliance Administrative Specialist Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing the testimony and based on recommendations, recommends abating the lien to $2,500.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 01/18/07 6:00 pal sgow Iv PROPERTY FOLIO # 034 24-080 D INVESTMENTS LLC ^ " Ic�vDtj On this date your case has been heard before the City Commission of the City of Dania Beach, Florida. The following decision has been made. CODE ENFORCEMENT ORDER(S) CEB-05-0835 HAS BEENABATED TO THE AMOUNT OF: S THIS AMOUNT IS DUE WITHIN: DA YS FROM THIS HEARING DATE ABOVE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Commission again for abatement. I the property owner or representative signs this agreement with full understanding of the information held within. Property Owner/Representative Signature PRINT NAME WITNESS: PRINT NAME ALL PAYMENTS MUST BE IN THE FORM OF A CASHIERS CHECK OR MONEY ORDER, AND MADE OUT TO THE - CITY OF DANIA BEACH Attn: A/R Dept Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created bN Linda Mason ABA I %I ENT HEAR ING AGREEMENT FORM CODE ENFORCMENT 0232-21-0150 doc Tk 44 a iI y' FLORIDA May 24, 2005 BRYAN ROAD INVESTMENTS LLC Case Number: 05-00000835 18901 NE 29 AVE AVENTURA, FL 33180 Location: 80 SW 8 AVE Folio: 5042-34-24-0080 Legal Description: HENRY PARK 24-27 B BLK 2 LESS N 253. 61 OF BLK 2 TOGETHER WITH El/2 OF PART OF VAC' D ROAD LYING W OF & ADJ TO SAID PROPERTY Dear BRYAN ROAD INVESTMENTS LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by June 23, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sincerely, WILLIAM S . JOHNSON CHIEF ZONING/CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7004 2510 0003 645 9572 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3000 ww .ci.dania-beach.fl.us vluLtillulV llE'1'AlL PAGE 1 CASE NUMBER 05-00000835 PROPERTY ADDRESS 80 SW 8 AVE - --------------------------- - ------------- -------------------- VIOLATION: CH.2 ADMIN ART IV SEC2-72 QUANTITY: 1 DESCRIPTION: CH.2 ADMIN ART IV SEC2-72 UNIT DATE: 5/24/05 LOCATION: ORDINANCE DESCRIPTION Violation of Chapter 2 ; Administration; Article IV. Code Enforcement Board; Sec. 2-72 . Applicability. Failure to comply with all requirements and conditions of Site Plan approval (SP-21-87) . Project was approved for 33 units . CORRECTIVE ACTION REQUIRED : All additional units must be removed. ' r CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #05-0835 municipal corporation PLAINTIFF, FINAL ORDER vs. BRYAN ROAD INVESTMENTS LLC DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on August 1, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, Bryan Road Investments LLC, did allow the following code violation to exist at property Defendant owns located at 80 SW 8 Avenue, Dania Beach, Florida, which property is legally described as: HENRY PARK 24-27 B BLK 2 LESS N 253.61 OF BLK 2 TOGETHER WITH E1/2 OF PART OF VAC'D ROAD LYING W OF & ADJ TO SAID PROPERTY (# 0234 24 0080): 1. Chapter 2; Administration; Article IV. Code Enforcement Board; Sec. 2-72 Applicability. Failure to comply with all requirements and conditions of Site Plan FINAL ORDER #05-0835 PAGE 2 approval (SP-21-87). Project was approved for 33 units. There are more than 33 living units on the property. All additional units must be removed. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, Bryan Road Investments LLC: (a) have been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 120 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, Bryan Road Investment LLC, for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 120 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this t210 day of aZZ 2005. DANIA BEACH CODE ENFORCEMENT BOARD By. Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0835 PAGE 3 Notary Seal: Sworn and subscribed before me this 3e) day of jj&dWt 2005. NOT RY PUBQC STATE OF FLORIDA Richard Bettor is personally known to me. pow Gloria Brsndes a My Commission DD187280 ptiJ Expires Mey 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0835 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Bryan Road Investments LLC, this 30 day ofA.tdf 2005. CERTIFIED MAIL 7004 2510 0003 0646 1995 CODV ENFOR ME T BOARD CLERK APPROVED S TO FORM AND CORRECTNESS TIM RYAN, r ECIAL CITY rORNEY xc: John Bartley, 201 SE 2 Avenue, Dania Beach, A 33004 Certified Mail 7004 2510 0003 0646 2008 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 05-0835 Florida municipal corporation, Petitioner, -vs- BRYAN ROAD INVESTMENTS LLC Respondent/ ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT BOARD ('Board"), 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit and testimony of Code Officer Gary Phaneuf on the 12th day of June 2006, and in accordance with Florida Statute 162.09, the Board states as follows: 1. On the 30th day of August 2005, a Final Order in the above-captioned case was entered by the Board commanding the Respondent, Bryan Road Investments LLC, to bring the violation specified in said Final Order into compliance on or before the 28th day of December 2005, or pay a fine in the amount of $100.00 per day for each day of non-compliance thereafter. 2. The violation found by the Board and entered in the Final Order occurred on the following described real property situate, lying and being in Broward County, Florida, to-wit: HENRY PARK 24-27 B BLK 2 LESS N 253.61 OF BLK 2 TOGETHER Order Imposing Fine Case#05-0935 WITH E 1/2 OF PART OF VAC'D ROAD LYING W OF & ADJ TO SAID PROPERTY (# 0234 24 0080) 3. Respondent, Bryan Road Investments LLC, did not comply with the Final Order on or before the date specified therein. 4. The fine stated in the Final Order is hereby confirmed and ratified and shall accrue at the per diem rate specified until the date of February 27, 2006, when the Respondent complied with said final order. 5. The fine accrued for a period of 61 days at $100.00 per day for a total fine of$6,100.00 plus recording expense. 6. The fine shall constitute a lien against the above-described real property and it shall be a lien against any other real or personal property owned by Respondent. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this JG4X day of I ti(_aA 2006. DANIA BEACH CODE ENFORCEMENT BOARD Richard Bettor, Chairperson SWORN TO and SUBSCRIBED BEFORE me this � 20 I day of�I LLjl 2006 by kk(-hS-'J iWtb / who is personally known to me. SIREF0 .NI.. /INA MINIM RE N I Iq "ttplplory PubNC•SION 01 Fldldo i*C0irnr mb"wMCV4.2M6 Cww"0 DD316107 ftrdedgVNulldrolN01kWVV wtfV Notary Public, State of Florida Return to: Patricia Varney,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case#05-0835 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, Bryan Road Investments LLC, this Q 0 day of 2006, via U. S. First Class mail and U. S. Certified Mail No. 7003 3 10 0045 3534 5686 r wrr� II .4_d�A D y WDA ,4-, ACTING CODE ENFORCEMENT BOARD CLERK APPROVE S T 7R I CORRECTNESS TIMOTHY M. AN, SPECIAL CITY TTORNEY Also sent regular first class mail xc: John Bartley, 201 SE 2nd Avenue, Dania Beach, FL 33004 Certified Mail 7003 3110 0005 3534 5693 Moshe Levy, 80_90 SW 8th Avenue, Dania Beach, FL 33004 Certified Mail 7003 3110 0005 3535 3308 ketum to: Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd Dania Beach,FI 33004 W V N ~ O (D CO m Cl) r M 7 D LL rn W CO U � Q N Q d mm W O m N 2 Q Y Z J O O O W 00 H w U O1 Q X w Q N N m O o O co 00U) Z 9 0 W M M W (] J fn W am0 W Q N M 0 N T T O O OU O v a OD 0 W to W) U LL O N N 0 m m V 7 9 N N U O w N F Ln p O 00 0 w C G M C ~ T J Z S Q W 0 y' W {.� � a m '0 Ovi OOO N LL Z. O � W O d M N CD 7 M I C a.. NLl V � LL z J Q Z Z m Q 0 0 � o n T W o E ■ � W °Dp FZo a� = O NQ Li � F O N Z Z LL Z N 0 W U w 0 W_ W d W J 3 J w 0 w ¢ a F N Z Lu it 0 10 W M W W J Z J 0 QZ Y — } Z W p � 0 � X rL mO Q LLIxLL WU' � [� co 00 () ZZ c O O OO W 0 o. CL ZJ 2 W > K Eo QJw NO Qi W 0DLL' 0 » O y 0 LLUU U ZQ W ' mw KC > Zp N W W IL LL W yO Z N O L L5U) nAC�] aa IOrnn L LLLL 'o W } M z � y 0' Fob W G y000 � � N F=- m o Ta. w LL d > 0aQaaa ¢ U■ � �tom-.. OZ Z o> »c u _H NAM E O y W a. ct 0) A 4) 0 � F. W W {O ¢ LLI O ()NZ � LL _ ui 0 J Q U (Y) CrJQ W 13. Case # 05 —0766 Edward Ramos 222 SE 3 d Place Dania Beach Code Inspector William Dubisky, having been previously sworn in, came forward and stated that this property is no longer in violation of Ch.13 and asked for a finding of fact that the violation did exist. Chairman Bettor asked if there was anyone present representing Edward Ramos. Edward Ramos, 222 SE 3 Place, Dania, came forward and was sworn in. He stated that he had hired a lawn service company that did his lawn and shrubbery. Tim Mc Leod made a motion to find that the violations no longer exist and adopt the findings of fact on Case # 05-0766. Jimmy Peterman seconded the motion and it carried on the following roll call: David Nuby —yes Tim Mc Leod—yes Judy Jensen—yes Jimmy Peterman— yes Terrell McCombs—yes Richard Bettor— yes 14. Case # 05-0639 Nai Jen Wu 242 S Federal Highway Dania Beach Code Inspector William Dubisky, having been previously sworn in, came forward and presented 1 photograph as evidence. He stated that as of today the property is still in violation of Ch.28, prohibited pole signs. Chairman Bettor asked if there was anyone present to represent Nai Jen Wu. Nai Jen Wu, 4991 SW 37 Ave, Hollywood, came forward and was sworn in. He identified the photograph presented as that of his property. He said he could take the sign down and asked if he needed a permit to do that. Mr. Wu asked if he can be given 60 days to comply. Inspector Dubisky said that if there was no electricity attached to the sign he did not need a permit. Tim Mc Leod made a motion to find that the violation exists as charged and that the respondent be given 60 days to comply and thereafter a fine S100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen— yes Jimmy Peterman —no Terrell McCombs—yes Richard Bettor—yes 15. Case # 05-0835 Bryan Road Investments LLC 80 SW 8 Ave Dania Beach Code Inspector William Dubisky, having been previously sworn in, came forward and stated that the project was approved for 33 units and the units over that must be removed. He said the defendants had an architect on board and asked that they be given 120 days to comply. Chairman Bettor asked if there was anyone present to represent Bryan Road Investments LLC. Moshe Levy, 2604 SW 55 Street, Dania Beach Code Board Summary Minutes 7 August 01,2005 Dania, came forward and was sworn in. Mr. Levy stated that he purchased the property on 7/8/05 and has submitted plans to the building department. He said he needed some time because he has 16 tenants that he has to relocate. Tim Me Leod made a motion to find that the violations still exist and give the respondent 120 days to submit the plans to the building department and thereafter a fine of S100.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen— yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 16. Case # 05-1008 Stewart Kachel Rev Liv TR 4448 SW 51 Street Fort Lauderdale Code Inspector Eric Baker, having been previously swom in, came forward and presented 3 photographs into evidence. He stated that as of today this property is still in violation of Ch.8, Art.II, roof, wall, and ceiling - all must be watertight, Ch.8, deteriorated facia board, Ch.15, occupational license, FBC104.1, replacing roof without a permit. Chairman Bettor asked if there was anyone present to represent Stewart Kachel Rev Liv TR. Arthur Kachael, son of Stewart Kachel, 4448, SW 51 Street. He identified the photographs presented as that of his property. He said he was doing everything he can to bring the property into compliance. He said he has submitted applications for permits for the roof and the occupational license. Mr. Kachel asked to be given 120 days to comply. Judy Jensen made a motion to move that the violations exist as charged, move the violator be given 120 days to comply and thereafter a fine of$75.00 per day shall be levied. David Nuby seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Lend—yes Judy Jensen— yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 17. Motion to Confirm - Case# 04-1269 - MYSB LLC - 4680 SW 33 Avenue Code Inspector Gary Phaneuf, having been previously sworn in, came forward and stated that as of today the property is still in violation. The fence has not been repaired and there is still trash and debris on the property. Chairman Bettor asked if there was anyone present to represent MYSB LLC. Schlomo Beno, 4740 SW 3151 Court, Hollywood, and was sworn in. Mr. Beno said he did not know that he had violations because he never received any notices. Judy Jensen made a motion to extend the compliance date by 60 days to 09/30/05. Tim Me Leod seconded the motion and it carried on the following roll call: David Nuby—yes Tim Mc Leod—yes Judy Jensen— yes Jimmy Peterman —yes Terrell McCombs—yes Richard Bettor—yes Dania Beach Code Board Summary Minutes 8 August 01,2005 5. Case #05-0613 Adolfo E. Berrios & Zoja Fahmy, 43 SE 10 Terrace Request for Extension Inspector: William Dubisky} sworn in Violations: Ch 15 Section 15-1 FBC 104.1 Present for the Defendant: Zoha Fahmy) sworn in Disposition: Property is still in violation. Inspector Dubisky recommended 60 day extension. Motion made by Jimmy Peterman, seconded by David Nuby, to give the defendant a 60 day extension from 2/6/06 to comply. Motion carried by unanimous vote. The motion was amended David Nuby seconded by Tim McLeod to give a 90 day extension from 1/18/06. Case# 05-835 Bryan Road Investments LLC 80 SW 8 Avenue Request for Extension Inspector: William Johnson Violations: Ch 2 Admin Article IV Sec 2-72 Unit Present for the Defendant: Moshe Levy) sworn in Disposition: Property is still in violation. A recommendation was made by William Johnson to deny the extension. Motion made by Jimmy Peterman, seconded by Judy Jensen to deny the extension. Motion carried by unanimous vote. Case# 04-1305 Lawrence De Brito 60% Robert De Brito ETAL 4055 SW 50 Street Inspector: William Dubisky Violations: Ch 8 Article II Section 8-21 (A) (2) (G), Ch 22, Section 22-14.20 IROM Ch 39 Article X Sec 39-132a & 39-133 Ch 39 Article XVI Sec 39-275 613 Stor Dania Beach Code Enforcement Board 2/06/06 2 'tea w m C C C O O A N O N N O E o E N a E m v o 0 o a m � N o U O C N N N u' a a aa '� a aaaaaaa a N d a N v N N J a 0 0 N N N N N m E E E E E E E E J a o a ¢ c c c c c c `c c c co) v v o 0 0 0 0 0 0 0 0 c c c a c J J o 0 0 o u o 0 0 0 O d O O N N N N N O N N N N N N N N N N N 'N E N m m v v E ,� uo o m m m m m m N v m u 3 3 3 3 3 3 3 3 3 N x i<m a v v v v c v v v v a o x c c c c o o `o c c c c c c c c 2' W Q F- W LL LL LL LL U W LL LL LL. 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O N a s — N V 'O 'O Y N S O O@ y L N E _ m m (n @ (n one 3 0 � E W m � t a a a 0 (7 � Z @ m � W mLLm l0 J J E W a Q@ L a) o O U Z Z Z @ S @ L) L 2 N Q N 2 U 'O 0 -O M �O > U J � O N (n d@ N 05 O m � N C W m @@@ O (a N N O W C N N O C C @ @ @ J C N S W D_ L a W O L @ y 0 (ri @ ('ci E 0 d m m n Z` o f — - o o o v o — ami E m 'm -00 z coKCE 072 it DL wQ Qa m o: c� J � w � -, W LLJ x QYa I� It 0 N — M y r )0 M O Oi of 0 O 0 )0 (O N M O) (o N M w O )0 O r M # O) — aD 0) .- .-- W V LL] O V (O M N N M (O O M W v CO 1 (0 O W O) O N I� N — y 0 0 o v o o o .- v o o O O O N m M O NO O O O O O O 0 0 0 — 0 0 00 U 0 o o 0 0 0 0 0 0 0 0 O O O 0 0 LLJ U O 00 0 0 0 0 00 00 0 0 0 0 0 0 0 0 0 o o a) L O , N M v (0 t0 1� W O) O �- N M V LOW aD N N N N N N N N N N M M M M M M M al N @ U AGENDA REQUEST FORM CITY OF DANIA Date: May 8, 2007 Agenda Item #: Title: Request for Abatement Re-Hear Requested Action: Consideration of the Abatement Request for GC Properties LLC -#05-1425—2402 SW 54 Street Summary Explanation & Background: This was originally cited on 09112/05 for 1 violation and was given 30 days to comply. This was heard by the board on 01/04/06 for 1 violation. The compliance date was 02/26/06. The board issued a final order giving the defendant 30 days to comply or a fine of$150.00 per day would be levied. The fine was confirmed on 06/1 2/06. The property was brought into compliance on 09/15/06. The fine ran from 02/26/06 through 09/15/06, 201 days @ $150.00 per day = $30,150.00 plus recording fee totals $30,326.50. This went to the Special Magistrate on November 13, 2006 and the Special Magistrate recommended the amount be abated to $10,000.00. The case went to the City Commission on January 18, 2007 in which the Commission denied the abated amount of $10,000.00. The amount remained at the original total of$30,326.50. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 01/04/06 Code Board meeting, and the 11/13/06 Special Magistrate meeting. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Re-hear on Commission making the decision to accept an abated amount of $15,000.00 to be paid within 30 days. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1425 municipal corporation PETITIONER, FINAL ORDER vs. G C PROPERTIES LLC RESPONDENT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on January 4, 2006, after notice. Based upon the evidence presented, the Board makes the following findings of fact and conclusions of law: a. The board has jurisdiction of the Respondent and the subject matter of this action; and b. Respondent, G C Properties LLC, did allow the following code violation to exist at property Respondent owns located at 2402 SW 54 Street, Dania Beach, Florida, which property is legally described as: LA BEAU ACRES 2 UNIT AMD 86-30 B LOT 31 B (# 0232 23 0210): 1. Florida Building Code 104.1, Permits required. Defendant did construct, or allowed to be constructed, an addition/accessory structure and a fence without permits. FINAL ORDER #05-1425 PAGE 2 Failure to obtain permits for the construction of an addition/accessory structure and a fence or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Respondent, G C Properties LLC: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of$150.00 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 Respondent, G C Properties LLC, for the foregoing violation listed in paragraph b.(1), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Respondent must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Respondent has complied. If the Respondent does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Respondent. 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 J7 day of9�,gAyd- 12006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1425 PAGE DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Seft6r, Chairperson Notary Seal: Sworn and subscr bed before me this ;k-7 day of U 2006. NOT RY PUBLIP STATE OF FLORIDA Richard Bettor is personally known to me. .ny Cpmmiesioa Doi B7 k cxorcea May 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1425 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, G C Properties LLC, this c�7 day of 2006. CERTIFIED MAIL 7002 2030 0003 1209 9497 . 0/"0'1 - I COD ENFORCE EN BOARD CLERK APPROVED A TO FOR AND CORRECTNESS r .- TIM RYAN, S C ECIAL CII ATTORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1425 Municipal corporation PLAINTIFF, FINAL ORDER vs. DEFENDANT GC PROPERTIES LLC SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector Gary Phaneuf, on the City's Motion to Confirm Fine held on the 12th day of June 2006, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 27`h day of January 2006, a Final Order in the above captioned case commanding the defendant, GC Properties LLC, to bring the violation specified in said Final Order into compliance on or before the 26`h day of February 2006, or pay a fine in the amount of $150.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-1425 2. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: LA BEAU ACRES 2 UNIT AMD 86-30 B LOT 31 B (# 0232 23 0210). 3. That the Defendant, GC Properties LLC, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the defendant, GC Properties LLC, shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this -15 Day of 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairman Sworn to and subscribed before me this `j day of , 2006, By Richard Bettor, who is personally known to me. Q N ARY PUBLIC STATE OF FLORIDA SHARIANN PEARSON �' 4•-Notary Pudic•Stats of Florida f- ftcmvinionspiesmcy11.2008 Return to: Patricia Varney 2 'r and •' Commission N DD 318233 ,,, Finance Director 9ondedByNalbrwlNotarygssn City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #05-1425 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendant, GC Properties LLC, this J day of 2006. CERT IED MAIL# 7003 3110 0005 3534 5709 P�Az)-�_; ACT AG CODE ENFORCEMENT BOARD CLERK APPROVED TO FORM AND CORRECTNESS l TIMOTHY M RYAN, SP IAL CITY ATTORNEY Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 G ' tow A'It lyI , FLORIDA y September 12, 2005 G C PROPERTIES LLC Case Number: 05-00001425 804 SE 19 ST FT. LAUDERDALE, FL 333163517 Location: 2402 SW 54 ST Folio: 5042-32-23-0210 Legal Description: LA BEAU ACRES 2 UNIT AMD 86-30 LOT 31B Dear G C PROPERTIES LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances. We have attached the ordinance section(s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by September 22, 2005. Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board for imposition of a fine and lien against the property even if the violation has been corrected prior to the Board hearing. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Wtx 66-% WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7002 2030 0003 2169 8865 by SHARIANN PEARSON Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VlULd-IiIULV UniAlb YHIi� 1 CA.3E NUMBER 05-00001425 PROPERTY ADDRESS 2402 SW 54 ST -- ------- ---------------------------------------------------- - VIOLATION: FBC 104 . 1, PERMITS, FENCE QUANTITY: 1 DESCRIPTION: FBC 104 . 1 , PERMITS,ADDITION DATE: 9/12/05 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) or remove all work. ORDINANCE DESCRIPTION Violation of Chapter 104 . 1 of the Florida Building Code, Permits Required. Addition/accessory structure and fence built without permits. Case # 05-1422 Bonny & Nesly Urzule, 713 SW 3 PL Inspector: William Dubisky Violations: CH 8 ART II SEC 8-21 A, 2, G CH 13 ART II SEC 13-34 A, B, C 2 Photographs entered into evidence Present for the Defendant: No representative Disposition Property is still in violation. Inspector Dubisky recommended 30 days to bring the property into compliance. Motion made by Terrell McCombs, seconded by Tim McLeod to move the violations do exist as charged and grant the defendant 30 days to bring the property into compliance if not a fine of $150 a day shall be levied. Motion carried by unanimous vote. Case # 05-1424 Kay Lynn Dodrer, 425 SE 7 Street Inspector: William Dubisky Violations: FBC 104.1 Present for the Defendant: No representative Disposition: Inspector Dubisky requested a continuance on the case. Motion made by Tim McLeod seconded by Terrell McCombs to continue the case until the February Code Board Meeting. Motion carried by unanimous vote. Case # 05-1425 GC PROPERTIES LLC, 2402 SW 54 Street Inspector: William Dubisky Violations: FBC 104.1, PERMITS Present for the Defendant: No representative 1 Photograph entered into evidence Disposition: Property is still in violation. Motion made by Tim McLeod, seconded by Terrell Dania Beach Code Board Summary Minutest/04/06 8 McCombs to adopt the findings of fact, move the violations do exist and grant the defendant 30 days to bring the property into compliance or a fine of $150 a day shall be levied on the property. Motion carried by unanimous vote. Case # 05-1419 Joseph A Mancusi & Michael Mancusi, 142 SW 1 Ave Request for extension of time Inspector: William Dubisky Violations: CH 8 ART II SEC 8-21 CH 13 ART II SEC 13-34 A, B, C CH 22 ART I SEC 22-1 Disposition: Inspector William Dubisky requested the case be dismissed by the Board. Motion made by Tim McLeod, seconded by Jimmy Peterman to dismiss the case. Motion carried by majority vote. There being no further business, the meeting was adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutesl/04/06 9 d m m d m O m m m O f0 m m m m m d m C C 7) C C C C C C C M C m m C C C C E C C y O O O O w 0 w C w w w w w �- k C N w O E E E 'm E o d E « o NO nNC0O OM a-NoCO OM n'moO L'O3M� cCm 0OryO a0(000�O 0NOn NO» NO» N 6o9 mmNc a 0»�a 0»�a»0�a N»a'cCmMO (D vo m 0000 0 0 0 00 N'aMO� 0�'aiMO . �Ccm0 vyom o o 0 0 00 0 0 m o 0 0 0 0 o o U O O O O O O O O UNO O U E 0 0 O 0 0 00 (0 (000 (0eO (O (Ow 0 (0 0000X O o 0X 0 0 O o O EOEOO O OT -o E o 00 00 0o O M M o o m m M M m M m m m OM mUO M M M M M M 00 Up Up 00 OOUOO � O � OO O DU O O O ' O COm m o- O O O cn 0 0 0 0 0 0 0 0 C N C O X M ID 0) LLa' 'O (A O Ma' N (D 0) (0O) M O) W 01 (D a 'O lLL O w N Q z FL a 3 m rp n N x T ai ' o 'o w -o ai '(o m U) _ Q U Ui � HHp � o � y aim in @ co ¢' � U m m o N m m '7 N O O) > @ O) N M U Z 'O c 'O U N > U U a`) T N O > > "Op a a O O D U M ~ a Q c N M O 02 O � � Q C n H D 7 c s{ U ¢ a ¢ N � O > c0 V > M > V 'c > > O O O O O O > N O > > > O U LL M N w w LL > > > M > > -> 3 J 3 J 3 > y cn U � U > � UU -- N N NZ w � c7 U zw n nc7 (nw � w v O O U N U) Z M > 0 7 0 M O l0 O N O U U O �p O U O U Z Z Z W v) L r r N O D U a Z N U > > > N o '- w I� O N 0 ID I O < M (D O O O N a r O) (D O N i� (O M (D m m M m m MIN 0 - 0 m M M O 0 N cc M M V c Q W N M V V M V C N (O (O a' > a' Q: M N M > N V 7 V I� N (D �-- c_ N m N m C E E U m C n U U m y w U G C C (D O C L m > 5 o N m O O N m Q o ❑ a' O m m U d L a d m U) « E o « n U O O U J E U t0 C C C@ N U O) C -O l0 J06J N N N J C N Y L O C M m @ m a J C C C M _ C U C N d N N , o N E 1° - c ¢ E E E P oC J °) T C N o c u0i 3 c m C C Q w 0 0 @ 'C M o '� O 0 0 o z C N x r N U N m N M .Q m r a otS m It w w a3 £ ' Y WS o.Y m o m J Q 0 c Z' a 0 o m n� U -) c d m d j c ' 2Q �gC7w `m ,dim o or � � CY y (n ¢ 0 0 0 � m a TL � Q Q rn c Ta) a m a a o a` mc mzac c > > > 'c (88 > 0 momzn M .6 � "O U O « O w O E 0 0 0 m m m � E E - N U L O C M p O z Q UaU w1eUm0a � U (n cn mm x � (no ¢ � x of � U3 � U N co (D O V N N O (D cD 0 0 O O 00 M iL a M N of (O M W O O) aD I� a M D7 N 1 M (O � M )0 N � O M N N N O IT0 - 9 N � � N V 00 N 0 N � C N N .- UO � O O M O m 7 Itc0 (D (O (O (D (O (D (O (O (O (O (O (D to (0 (D (O a) (D (O (O co (D (D (D 0 0 (O c0 Ul 01 O ol O O O O O O O O O O O O 0101 CIO O CIO 0 0 0 CIO O ClO O O O d 'O O N M V N cD AWMONM 7 0 (O f woo m N M U AGENDA REQUEST FORM CITY OF DANIA Date: May 8, 2007 Agenda Item#: Title: Request for Abatement (� Requested Action: Consideration of the Abatement Request for J & J Properties of Broward Inc. -#04-1241 — 11 S. Federal Highway a/k/a 15 S. Federal Highway Summary Explanation & Background: This was originally cited on 09/10/04 for 1 violation and was given 30 days to comply. This was heard by the board on 10/04/04 for 1 violation. The compliance date with an extension was 01/04/05. The board issued a final order giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The fine was confirmed on 06/06/05. The property was brought into compliance on 9/20/06. The fine ran from 01/04/05 through 09/20/06, 624 days @ $100.00 per day = $62,400.00 plus recording fee of $176.50 for a total of $62,576.50. This went to the Special Magistrate hearing on November 13, 2006 and the amount was abated to $30,000.00. The case was heard by the City Commission on 1/18/07 and the Commission upheld the abated amount of $30,000.00 to be paid by March 19,2007. An appeal was made by J & J Properties of Broward Inc. and now the case is being heard to approve the Settlement Agreement between the City and J & J Properties of Broward Inc. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 10/04/04, 11/01/04, 06/06/05, 01/04/06 Code Board meetings, and 11/13/06, Special Magistrate meeting. (4) Copy of the Settlement Agreement between the City of Dania Beach and J & J Properties of Broward Inc. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: The City and J & J Properties of Broward Inc. Settlement Agreement to pay the total of $60,000.00 for both this Case and Case#04-1242 on a $2,500.00 per month payment plan. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk U CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #04-1241 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 4, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 11 S. Federal Highway a/k/a 15 S. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 10 LESS ST RD BLK 23 (# 0234 01 3380): 1. Chapter 8, Buildings, Article Il, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. FINAL ORDER #04-1241 PAGE Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc. (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of$100.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, J & J Properties of Broward Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this day of CC?le&tl) , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: ✓l _ Richard Betto , Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1241 PAGE 3 Notary Seal: Sworn and subscribed before me this ;kb day of 0(7, le y l 2004. NOTARY PUBLIC STATE OF FLORET Richard Bettor is personally known to me. �,ON GWM J Bmnd@s My Commisalon DD187250 a Elm"/0,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1241 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this 0 day of 2004. CERTIFIED MAIL 7003 3110 0000 82601518 CODE qNFORCEMENT BOARD CLERK APPROVED TO F AND CORRECTNESS f �RM� TIM RYAN SPECIAL CrATTORNEY Also sent Irst class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-1241 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on November 1, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. At a Formal Hearing on October 4, 2004, the Code Enforcement Board determined that Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 11 S. Federal Highway a/k/a 15 S. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 10 LESS ST RD BLK 23 (# 0234 01 3380) : 1. Chapter 8, Buildings, Article II, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. FINAL ORDER #04-1241 PAGE Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc.: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $ 100.00 per day was scheduled to begin running 30 days from the date this order was signed by the Chairperson of the Board. The original order was signed on October 20, 2004. (b) At the Format Hearing on November 1, 2004, the City of Dania Beach Code Enforcement Board has granted Defendant's request for extension on imposition of the fine until January 4, 2005. (c) Except as expressly amended herein this board's order in this case signed October 20, 2004, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this day of 7 UZ1/7 &1,- 2004. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: Richard Bettor, Chairperson Sworn and subscribed before me this day of 2t fV • 2004. /- - /f �' - - ✓- NO-VARY PUBLJC STATE OF FLORIDA Richard Bettor is personally known to me. Glove J BlantlesD0187200 : My commission E%Dlfes May 10.2007 0 M1 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1241 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this 93 day of 2004. CERTIFIED MAIL 7003 3110 0000 8260 5462 4Ld�l,(� _ CODE E14FORCEMEWr BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, SP CIAL CITY A ORNEY Xc: Harry Hipler, PA, 215 N. Federal Highway, P. O. Box 216, Dania Beach, FI 33004 Certified Mail 7003 3110 0000 8260 5455 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 9 FLORIDA September 10, 2004 J & J PROPERTIES OF BROWARD INC Case Number: 04-00001241 10708 EL PARAISO PL LAKE WORTH, FL 33460 Location: 11 S FEDERAL HWY Folio: 504234013380 Legal Description: TOWN OF DANIA B-49 D LOT 10 LESS ST RD BLK 23 Dear J & J PROPERTIES OF BROWARD INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference . You are required to correct the violation (s) and call for a re-inspection by September 15, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. � f Sincerely, WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1680 0002 5106 1016 by DOREEN GRANT. Also sent regular mail . `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-hcach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 04-00001241 PROPERTY ADDRESS 15 S FEDERAL HWY ------- ---- --------------------------------------------------- VIOLATION: CH8, ART II , SEC 8-22 2B QUANTITY: 1 DESCRIPTION: CH8, ART II , SEC 8-22 2B INDUS DATE : 9/10/04 LOCATION: NARRATIVE Store front must be placed in a good state of repair. All unfinished work must be completed. ORDINANCE DESCRIPTION : Violation of Chapter 8 , Buildings, Article II, Section 8-22 2 (b) , Minimum Standards for Commercial , Industrial and Institutional Structures . Appearance of exterior of premises . The exterior of buildings and structures shall be maintained so that their appearance shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and down grading of the neighborhood. All store fronts and walls exposed to public view shall be kept in a good state of repair. a) a) @@ N N N N 0 0@ m m a) a) N 0 N c c@ c c c c c c C M c @ a) C C C C E c C N 0 O O O w 0 V= C V= w V= w V= V= V= c a) V= pca C C w w w w 0 T N 'O N 'O @ U U U U U "p � @ 'O "O @ @ 'O � � � „@„ � @ a E E E -o E E m m d .t (°� d E v -o `m an d d ,�y d rn d ai a; aa? 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The motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 29) 404-1086 Gene T. Rosenthal %: INT EA Kenneth T Rosenthal IH 2620 Marina Drive Inspector William Dubisky having been previously sworn in, came forward and gave testimony regarding the violations. Mr. Dubisky stated that as of today the property still remains in violation of Chapter 13, Public Nuisance, weeds and grass have not been cut , there is still trash and debris on the property and Chapter 39, open storage, the miscellaneous items that are not permitted still remain on the property. Mr. Dubisky presented 2 photos of the property. Chairman Bettor asked if there was anyone representing Gene & Kenneth Rosenthal. No one came forward. Judy Jensen made a motion to give 30 days or a fine of$75.00 a day. The motion was seconded by Tim McLeod and it carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 30) #04-1241 J & J Properties of Broward Inc. 15 S. Federal Highway Inspector William Dubisky having been previously swom in, came forward and gave testimony regarding the violations and the address of the property. Mr. Dubisky stated that the address of the property is 11 S. Federal Hwy, also know as 13 & 15 S. Federal Highway as displayed on the building and 15 S. Federal Highway as per the Broward County Property Appraiser and the folio number is correct. He stated that as of today the property is still in violation of Chapter 8, the parapet facade of the building is still in a state of disrepair constituting a blighting factor for adjoining properties. He presented 1 photo of the property. Chairman Bettor asked if there was anyone representing J & J Properties. No one came forward. Gary Luedtke made a motion to adopt the findings of fact of Officer William Dubisky and that the offender be given 30 days or a fine of $100.00 a day thereafter. The motion was seconded by Judy Jensen and carried on the following roll call: llania Beach Code Board Summary Minutes 15 October 4.2004 David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 31) 904-1242 J & J Properties of Broward Inc. 20 N. Federal Highway Inspector William Dubisky having been previously sworn in, came forward and gave testimony regarding the violations and the address of the property. Mr. Dubisky stated that the violation address if 15 S. Federal Highway is also known as 17 & 19 S. Federal Highway as displayed on the buildings and also known as 20 S. Federal Highway per Broward County Property Appraiser's Office. He stated that as of today the property is still in violation of Chapter 8, the parapet facade of the building is still in a state of disrepair constituting a blighting factor for adjoining properties. Mr. Dubisky presented 1 photo of the property. Gary Luedtke made a motion to adopt the findings of fact of Officer Dubisky and that the offender be given 30 days or a fine of$100.00 a day thereafter. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 16 October 4,2004 30 days. Attorney Ryan stated they can give them a 30 day extension to apply for a variance and based upon a motion of the staff then it can be brought back up before the board in 90 days or 120 days depending on how the staff follows the progress of this case. Judy Jensen made a motion to grant an extension. Attorney Ryan explained that they are giving an extension of 30 days and once they apply then they are not going to have any fines unless the staff brings them back and gives them notice to say what will need to be done or they will begin to be fined. Judy Jensen amended the motion to grant an extension from 10/31/04. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes 7) Request for Extension — #04-1241 — J&J Properties of Broward Inc. — 11 S. Federal Highway AKA 15 S. Federal Highway & #04-1242 — J&J Properties of Broward Inc. — 17 & 19 S. Federal Highway AKA 20 N. Federal Highway Attorney Harry Hipler agreed to have both cases heard at the same time. Inspector William Dubisky came forward and was sworn in and gave a summary of the past case history. Mr. Dubisky stated that it is the City's position that an extension not be granted due to the fact that this building has been in a state of disrepair for an exceptionally long period of time. Attorney Harry Hipler came forward. Attorney Hipler stated that he has hired the architect and it will cost about $70,000.00 for the store front to be repaired. He stated that Mr. Kodner is currently fighting with the insurance company to get them to pay for the repairs and the insurance company is not willing to pay the fair market value to have the repair work done. Attorney Hipler stated that they are requesting more time to make application to go ahead and comply. Bruce Kodner came forward and was sworn in. Mr. Kodner stated that the architect is now currently working on the drawings for the front of the building. He also stated that he never got served and he has been fighting with the insurance company for 8 or 9 months since the front came down to get some kind of restitution from the Insurance company. Attorney Hipler stated they would need 60 days to get everything done to get the permit. Tim McLeod made a motion to extend both cases for 45 day from 11/20/04 to be permitted. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes 8) Request for an Extension - #04-0327 — Alexander Galligan TR — 2440 State Road 84 Dania Beach Code Board Summary Minutes 5 November I, 2004 3) #04-0047 Sovereign International Properties 303 N Federal Highway Dania Beach, FI Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and gave the following testimony. This is a motion to confirm the fine. This case came originally before the Board on 5/3/04 for one violation; failure to obtain an Occupational License. The compliance date was 9!01/04, and the Defendant has not complied. Community Development Director Larry Leeds came forward and was sworn in. This property was cited over a year ago, on February 24, 2004 for not obtaining an Occupational License. In working with the Electrical Inspector the building remains in violation, making this case a health safety issue. Chairman Bettor asked if there was anyone representing Sovereign International. Mr. Louis Gigliotti, who lives at 1605 Dewey Street, Hollywood came forward and was sworn in. Mr. Gigliotti stated he is a partner with Sovereign International in another venture and he is also an attorney. He then gave testimony on what steps are being taken to bring the property into compliance. Mr. Gigliotti asked for a recommendation of a general contractor to come into compliance. It was on motion by Jimmy Peterman; second by Tim McLeod to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 4) #04-1241 J & J Properties 11 South Federal Highway Dania Beach, FI #04-1242 J&J Properties 15 South Federal Highway Dania Beach, FI Code Inspector William Dubisky came forward was sworn in and gave the following testimony. This is a motion to confirm fine where corrective action was to have been taken on or before November 19, 2004. They received a 45 day extension making the new date of compliance January 4, 2005. A reinspection on January 6, 2005 revealed the store fronts have not yet been repaired. Attorney Harry Hipler stepped forward to state as per the Board order a variance was applied for and obtained. The bottom line he stated is permits have been applied for. Dania Beach Code Board Summary Minutes 2 June 6,2005 Mr. Larry Leeds having been previously sworn in came forward and had the following testimony. He explained that applying for a permit, is not necessarily doing all the work. Compliance is not based on applying for permits but rather on seeing if work has been completed. Mr. Bruce Kodner, at 10708 El Paraiso Place came forward and was sworn in. He clarified it took a long time to apply for the permit because he went through a divorce and he needed to straighten out his address information with his insurance. Furthermore getting the check from the insurance is no easy task but now the money is there and he would need 90 days to come into compliance. Mr. Tim Ryan explained that if compliance is achieved than an abatement can be requested. Mr. Leeds added that if plans are not approved it means city requirements are not met and that is a mistake on the part of the architect not the City that must be corrected. It was on motion by Judy Jensen; second by Jimmy Peterman to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-no 5) #03-5771 Ravenswood Diesel Inc 2144 SW 38 ST Dania Beach, FI Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. This is a motion to confirm fine. Reinspection on May 25, 2005 revealed corrective action had taken place. The confirmation of fine was from October 8, 2005 to May 25, 2005. Chairman Bettor asked if there was anyone representing Ravenswood Diesel Inc. Mr. Bottomley, at 2144 SW 38 Street, came forward was sworn in and gave the following testimony. He stated he is a tenant at the property in violation. Mr. Bottomley expressed that his office sent a fax in order to obtain reinspection, but no one ever went by the property. Mr. Phaneuf stated, in reviewing the file the only fax that was received was a request for a continuance from the July meeting to August. Inspector Phaneuf said he does not agree to having received a fax that states reinspection was requested. On the circumstances of the case and the actions he is taking to bring the property into compliance. It was on motion by Jimmy Peterman; second by David Nuby a fine of $2200 be paid within thirty days. Mr. Tim Ryan explained the Inspector on the case recommends reducing the fine to $1300 because permits were applied for. An amended Dania Beach Code Board Summary Minutes 3 June 6,2005 Motion by Tim McLeod, second by Jimmy Peterman to dismiss all the cases that have come into compliance. The motion carried unanimously. 5. OLD BUSINESS: Case #05-0737 Paulyne Levesque, 2221 SW 47 Street- Request for Extension Inspector: Gary Phaneun sworn in Violations: Ch 15 Section 15-1 and Ch 28 Section 4.20 Present for the Defendant: Andree Levesque} sworn in Disposition: Motion made by Jimmy Peterman, seconded by Tim McLeod, to give the defendant a 120 day extension from 11/28/05 to comply. Motion carried by unanimous vote. Case # 04-1241 J & J Properties of Broward County, 11 S Federal Highway a/k/a 15 S.Federal Highway Authorization for Foreclosure # 04-1242 J&J Properties of Broward County, 17 & 19 S Federal Highway a/k/a 20 N.Federal Highway Authorization for Foreclosure Inspector: William Dubisky Violations: Ch 8 Article II Sec 8-22 (2) (B) Present for the Defendant: Harry Hipler, Esq. Disposition: Property is still in violation. Motion made by Tim McLeod, seconded by Jimmy Peterman to give authorization to foreclose with no action being taken within 60 days. Motion carried by unanimous vote. Case #04-1735 Richard Bulow TR, 4100 Ravenswood Rd Inspector: William Dubisky Violations: Ch 15 Section 15-1, FBC 104.1, Ch 28 Art IV, Section 4.20 IROM FBC 104.1 Present for the Defendant: Dania Beach Code Board Summary Minutes 1/04/06 2 N N N N N N N N NO @ N N N N N E N N C C N CCCCCC c c N N ccC C C O O O O p N O 0 E E E v E « o « n« 'o ad annn n n n am « mmnnnn a°(S o. 0 @ @ @M@ 00@000-0000 O O O Oc Opp@ O' O'00000 O � O @ c O O M O 00 O O O O O O 0 O O C W O O O O O O Q 0 « 0 a O a L V N O c 0 O O O O O O O O 7J (0 O O O M O O O O _ 0 (r i (0 O O O O O O N N I� .N ( O O 0 N O C O@ i 0 0 C N N « f� .- .- N N N N N .2_2 r 0 .- .- .- N N 'O e- c c c c 0 to C 3 M » v) to to to 0 0 to E O C W I C to fo to v) to to N w > O to m N O d 0 N O d 0 a) O O O p O O O O O O O O w .p L_ O X O O O O O O O O N O O O p C '!3 E O E O E O E O >. T E O T T T T T T T T T U O O T T E O T T T T T >. >.00 >. J O O p O p O p O @ @ p O @ @ @ @ @ @ @ @ @ J u1 O @ @ pp O @ @ @ @ @ @ 0 U p U 0 U O U O 'O 'O U (O 'D 'O 'O � 'O 'O 'O 'O @ 'p T O "O U U O D U -O U U U D (O 0 0 M 0 M d M 0 O O 0 0 0 0 0 0 0 O O 0 E O@ m O O N ((j 0 0 0 0 0 0 C) 0 C N C O X of Vi (rfA a' fA (p m W to M (D fD 0 (D (O M 0 0) —LL 2' V to m M x to (D O 0 0 M 0) 0) O) (0 lL LL (O w N Q @ _ 03 3 N (0 00 N y (p 3 LL E 3 m N O = r>u ( U)0 U? >d >O > Un nm a @0MOM @ V QLLQUi @ a- CL M V cNM O O . 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N � N V 00 N 0 - N - - N N O - 0 0 M O @ 4 O (D (n co (D (O co, ID, (0, CD, (D' (D (O 0 0 (n (0 (D 0 6 6 6 6 6 6 6 (O (D 0 (0 (O (O U O O O 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 N L � O r N M V (0 w t� O m O N M V N 0 f- w T O N M O N M V (n tD f� 00 m � N N @ U Apr 09 2007 11 :07AM HP LRSERJET FAX p, 2 IN THE CIRCUIT COURT OF THE I7TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CITY OF DANIA BEACH, CASE NO.: CACE 06-12055 (09) a municipal corporation, Plaintiff, VS. J&J PROPER TIES OF BROWARD. INC., a Florida corporation,UNKNOWN TENANT #1 in possession,UNKNOWN TENANT#2 in possession and UNKNOWN TENANT#3 in possession Defendants. PLAINTIFF,CITY OF DANIA BEACH. AND nEFENpeNT_ J&J PROPERTIES OF BROWARD INQ FINAL SETTi M NT AGREEMXNT Plaintiff,MY OF DANIA BEACH,hereinafter identified as"CITY",and Defendant,J& J PROPERTIES OF BROWARD, INC., hereinafter identified as "J & J.", by and through their respective authorized representatives and their counsel of record, enter into this Final Settlement Agreement and state: 1. This is an action by the CITY to foreclose two municipal liens on property in Dania Beach owned by J&J and described as: Lot 10, less the west 24 feet conveyed for road right of way, Block 23,TO WN OF MODELO(now Dania),according to the Plat thereof, recorded in Plat Book"B",Page 49,of the Public Records of Dade County, Florida. (Folio#0234 01 3380) and Lot 11,less the west 24 feet conveyed for road right of way, Block 23, TOWN OF MODELO(now Dania),according to the Plat thereof, recorded in Plat Book "B",Page 49,of the Public Records of Dade Apr 09 2007 11 :07AM HP LASERJET FAX p.3 i CASE NO.: CACE 06-12055 (09) County, Florida. (Folio # 0234 01 3390) (hereinafter identified as the subject property). 2. The CITY claims an amount due of S125,153 on the two liens against the subject property totaling$125,153 for violation of the Dania Beach City Code. 3. J&J filed its Answer and Affirmative Defenses in this action contesting the validity and enforceability of the city's liens. 4. J & J filed two separate Circuit Court appeals of the City Commission's abatement decision of January 18,2007,which reduced the liens from $125,153 to $60,000,provided J& J made payment in fu11 by March 20,2007.The 6rstNotice of Appeal,case numberCACE 07-003779 (05),was dismissed by Court Order dated March 21,2007.The second appeal,can aurnber CACE 07-003 781 (07),has a Motion to Dismiss pending before the court 5. The CITY and J&J agree to settle the liens and the aforementioned litigation by payment from J&J to the CITY of$60,000 in full settlement,under terms and conditions specified in this Agreement. 6. J&J will pay the CITY$2,500 per month on or before the first day of each month until the$60,000 is paid in full. The initial $2,500 payment shall be due on the first day of the month following approval of this Agreement by the Dania Beach City Commission. 7. The monthly payments shall be payable to City of Dania Beach,and delivered to Finance Department,City of Dania Beach, 100 West Dania Beach Boulevard,Dania Beach,Florida 33004. If any payment is not received by the CITY within five(5)days after the due date,J& J shall pay 2 Apr OS 2007 11 :07SM HP LRSERJET FAX p. 4 CASE NO.: CACE 06-12055 (09) the CITY a late charge of$150 for each delinquent payment.The late fee shall be added to J &J's next monthly payment. 8. If any payment is not received by the CITY within fifteen(15)days after the due date,said nonpayment shall constitute a default on payment and,upon five(5)days written notice of default delivered to J&J's counsel,the entire$125,153 fine,less any payments to date from J&J,shall be immediately due and payable to the CITY. If J& J defaults on payvaent, then J& J shall pay the CITY its reasonable attorney fees and costs to collect the code enforcement fines and to enforce its lien rights, 9. This Settlement Agreement is contingent-upon and subject to approval by the City of Dania Beach City Commission with respect to all terms and conditions stated in this Agreement.If this Agreement is approved by the CITY and J & J, the lien foreclosure action shall be dismissed without prejudice by joint stipulation of Plaintiff and Defendant. The parties agree that if J & J defaults in payment as aforesaid,the CITY retains its rights to reopen the lien foreclosure action or to take such other legal action as the CITY determines to collect all amounts due on the code enforcement fines and liens. If this Agreement is approved by both parties, J &J will dismiss the pending appeal in case number CACE 07-003781 (07). 10. If J & J transfers title or any ownership interest in the subject property prior to full payment of the liens, then upon transfer, the remaining balance on the liens shall immediately become due and payable to the CITY. 11. J&J's payment as agreed herein will satisfy all obligations of J&J regarding the Dania Beach Code Enforcement Board Final Orders recorded July 22, 2005, in O.R.Book 40130,Pages 3 Rpr 09 2007 11:07RM HP LRSERJET FR% p. 5 CASE NO.: CACE 06-12055(09) 1236- 1240 and 1250-1253,and the Supplemental Orders/Claims of Lien recorded July 22,2005, in O.R.Book 40130,Pages 1241 - 1249,Broward County records.Upon payment of the$60,000 as aforesaid,the City of Dania Beach will prepare and record a Release and Satisfaction of both Final Orders and Supplemental Orders/Claims of Lien referenced herein. 12. The parties agree that no modification or waiver of any of the terms of this Agreement shall be valid unless in writing and executed with the same formalities as this Agreement The failure ofany party to insist in any instance upon strict performance of any of the terms or provisions of this Agreement on the part of any party to be performed shall not be construed as a waiver or relinquishment for the future of any such term or provision and the same shall continue in full force and effect 13. This Agreement contains the entire understanding of the parties. There are no representations,promises or undertakings other than those expressly set forth herein. 14. This Agreement is intended to constitute a valid and enforceable legal instrument and no provision of this Agreement that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect, unless a contrary result is clearly expressed herein. 15. The parties agree that the laws of the State of Florida shall be the operative and binding law for purposes of interpretation, if any,and enforcement of this Agreement. As this Agreement was fully negotiated between the parties, it shall not be construed against the draftor. 16. The parties acknowledge they have been represented by independent counsel of their own selection in negotiating and executing this Agreement. 4 Apr 09 2007 11: 07AM HP LRSERJET FAX P. 6 CASE NO.: CACE 06-12055(09) 17. The parties agree that should it become necessary for any party to sue to enforce the terms of this Agreement,the prevailing party shall be entitled to an award of a reasonable attorney fees and costs arising out of the lawsuit to enforce,whether the same be incurred in the trial court, in post-judgment proceedings or in any appellate court 18. The parties waive trial by jury.The venue for any dispute regarding this Agreement shall be in Browaid County, Florida. 19. This Agreement may be signed in counterparts and each of such execution shall have the same force and effect as if it alone had been signed by the parties. kprA Dated March 2007 DJued 419 mh I t l , 2007 CITY OF DANIA BEACH, J &J PROPERTIES OF BROWARD,INC., a Florida Municipal Corporation a Florida corporation Q By: By: 4, a-� ROBERT ANTON, Mayor BRUCE KODNER,President LAW OFFICES OF RYAN&RYAN, LLC MICHAEL L. FEINSTEIN, P.A. Attorneys for Plaintiff,City ofDania Beach Attorneys for Defendant,J&J PROPERTIES 700 East Dania Beach Boulevard,Third Floor, OF BROWARD, INC. Dania Beach,Florida 33004 888 East Las Olas Boulevard, Suite 700, (954)920-2921 Fort Lauderdale, Florida 3 01 (954)767-9662 By: By: TIMOTHY M.RYAN MICHAEL L. FEINSTEIN Florida Bar No. 325931 Florida Bar No.650382 FAAVOCNy orDmid 2UdA 171 Sd(WMaA AVM-Ciy DaidBWh-J k J RopwlW Cm No.0612055 09.wp! 5 AGENDA REQUEST FORM CITY OF DANIA Date: May 8, 2007 Agenda Item #: 3� 7 Title: Request for Abatement Requested Action: Consideration for the Abatement Request for J & J Properties of Broward Inc. -#04-1242 — 17 & 19 S. Federal Highway a/k/a 15 S. Federal Highway a/k/a 20 N. Federal Highway Summary Explanation & Background: This was originally cited on 09/10/04 for 1 violation and was given 30 days to comply. This was heard by the board on 10/04/04 for 1 violation. The compliance date with an extension was 01/04/05. The board issued a final order giving the defendant 30 days to comply or a fine of $100.00 per day would be levied. The fine was confirmed on 06/06/05. The property was brought into compliance on 9/20/06. The fine ran from 01/04/05 through 9/20/06, 624 days @$100.00 per day = $62,400.00 plus recording fee of$176.50 for a total of$62,576.50. This went to the Special Magistrate hearing on November 13, 2006 and the amount was abated to $30,000.00. The case was heard by the City Commission on 1/18/07 and the Commission upheld the abated amount of $30,000.00 to be paid by March 19,2007. An appeal was made by J & J Properties of Broward Inc. and now the case is being heard to approve the Settlement Agreement between the City and J & J Properties of Broward Inc. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 10/04/04, 11/01/04, 06/06/05, 01/04/06, Code Board meetings and on 11/13/06 by the Special Magistrate. (4) Copy of the Settlement Agreement between the City of Dania Beach and J & J Properties of Broward Inc. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: The City and J & J Properties of Broward Inc. Settlement Agreement to pay the total of $60,000.00 for both this Case and Case#04-1242 on a$2,500.00 per month payment plan. 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 #04-1242 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 4, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 17 & 19 S. Federal Highway a/k/a 15 S. Federal Highway a/k/a 20 N. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 11 LESS ST RD BLK 23 (# 0234 01 3390): 1. Chapter 8, Buildings, Article II, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. FINAL ORDER #04-1242 PAGE 2 Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc. (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendant, J & J Properties of Broward Inc., for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violation comes into compliance with said section of the City Code upon requested inspection. Upon, complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this a0 day of &� , 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: ichard Bet , Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Fl- 33004 FINAL ORDER #04-1242 PAGE 3 Notary Seal: Sworn and subscribed before me this aO day of Dell- 2004. NOTARY PUBLIOVSTATE OF FLORIDA Richard Bettor is personally known to me. f.,n� GbriaJ BranOee My COmm4*i0n DD107200 VIM/ Exprn May 10,2W7 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1242 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this ;I0 day of 2004. CERTIFIED MAIL 7003 3110 0000 8260 1525 CODE EWORCEMENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, SP I CIAL CITY ArORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 04-1242 municipal corporation PLAINTIFF, FINAL ORDER vs. J & J PROPERTIES OF BROWARD INC. DEFENDANT SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on November 1, 2004, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendant and the subject matter of this action; and b. At a Formal Hearing on October 4, 2004, the Code Enforcement Board determined that Defendant, J & J Properties of Broward Inc., did allow the following code violation to exist at property Defendant owns located at 17 & 19 S. Federal Highway a/k/a 15 S. Federal Highway and 20 N. Federal Highway, Dania Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT 11 LESS ST RD BLK 23 (# 0234 01 3390) : FINAL ORDER #04-1242 PAGE 2 1. Chapter 8, Buildings, Article II, Section 8-22 2(b), minimum standards for commercial, industrial and institutional structures. Appearance of exterior of premises. Storefront of property is in disrepair. Failure to complete unfinished work on parapet causing a blighting factor for adjoining property owners. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, J & J Properties of Broward Inc. (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $100.00 per day was scheduled to begin running 30 days from the date this order was signed by the Chairperson of the Board. The original order was signed on October 20, 2004. (b) At the Formal Hearing on November 1, 2004, the City of Dania Beach Code Enforcement Board has granted Defendant's request for extension on imposition of the fine until January 4, 2005. (c) Except as expressly amended herein this board's order in this case signed October 20, 2004, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this o? 3 day of -Xn Q M beA , 2004. DANIA BEACH CODE ENFORCEMENT BOARD Notary Seal: By: Richard Bettor, hairperson Sworn and subs ribed before me this 43 day of WfV-e-rnIJ4,1 2004. NOTA,AY PUBLIC PSTATE OF FLORIDA Richard Bettor is personally known to me. Giona!8rondes 1.Ay Commiss'mn DD187280 May 10,2001 Return to: Patricia Varney, Finance Director ° City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1242 PAGE 3 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, J & J Properties of Broward Inc., this a 3 day of 2004. CERTIFIED MAIL 7003 3110 0000 8260 5448 COD ENFORCEMENT 130ARD CLERK APPR7 TO FORM AND CORRECTNESS TIM RYAN, PECIAL CITY fTORNEY Xc: Harry Hipler, PA, 215 N. Federal Highway, P. O. Box 216, Dania Beach, A 33004 Certified Mail 7003 3110 0000 8260 7473 Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 r� 60- �3 tow 9t, aw�z &-wazw, FLORIDA September 10, 2004 J & J PROPERTIES OF BROWARD INC Case Number: 04-00001242 10708 EL PARAISO PL LAKE WORTH, FL 33460 Location: 15 S FEDERAL HWY Folio: 504234013390 Legal Description: TOWN OF DANIA B-49 D LOT 11 LESS ST RD BLK 23 Dear J & J PROPERTIES OF BROWARD INC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by September 15, 2004 . Failure to comply will result in proceedings against you by the Code Enforcement Board, as provided by law. If you require further information or have any questions about the attached violation (s) , please do not hesitate to contact me. Sel Uj • .:1 WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1680 0002 5106 1006 by DOREEN GRANT . Also sent regular mail . `Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 04-00001242 PROPERTY ADDRESS 20 N FEDERAL HWY -- --- --------------------------------------------------------- VIOLATION: CH8, ART II , SEC 8-22 2B QUANTITY: 1 DESCRIPTION: CH8, ART II , SEC 8-22 2B INDUS DATE: 9/10/04 LOCATION: NARRATIVE Store front must be placed in a good state of repair. All unfinished work must be completed ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Section 8-22 2 (b) , Minimum Standards for Commercial , Industrial and Institutional Structures . Appearance of exterior of premises . The exterior of buildings and structures shall be maintained so that their appearance shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and down grading of the neighborhood. All store fronts and walls exposed to public view shall be kept in a good state of repair. m d 0 m m m 0 m m M a @ m m m m E m c C C N C C C C G C C C c C C C C C C C N O O O O w O V= C V= V= V= V= k V= w C m V= O C C tG w V= w O >. 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Federal Highway Inspector William Dubisky having been previously sworn in, came forward and gave testimony regarding the violations and the address of the property. Mr. Dubisky stated that the violation address if 15 S. Federal Highway is also known as 17 & 19 S. Federal Highway as displayed on the buildings and also known as 20 S. Federal Highway per Broward County Property Appraiser's Office. He stated that as of today the property is still in violation of Chapter 8, the parapet facade of the building is still in a state of disrepair constituting a blighting factor for adjoining properties. Mr. Dubisky presented 1 photo of the property. Gary Luedtke made a motion to adopt the findings of fact of Officer Dubisky and that the offender be given 30 days or a fine of$100.00 a day thereafter. The motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman- yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes There being no further business, the meeting adjourned. Richard Bettor, Chairman Dania Beach Code Board Summary Minutes 16 October 4,2004 30 days. Attorney Ryan stated they can give them a 30 day extension to apply for a variance and based upon a motion of the staff then it can be brought back up before the board in 90 days or 120 days depending on how the staff follows the progress of this case. Judy Jensen made a motion to grant an extension. Attorney Ryan explained that they are giving an extension of 30 days and once they apply then they are not going to have any fines unless the staff brings them back and gives them notice to say what will need to be done or they will begin to be fined. Judy Jensen amended the motion to grant an extension from 10/31/04. The motion was seconded by Jimmy Peterman and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes 7) Request for Extension — 904-1241 — J&J Properties of Broward Inc. — 11 S. Federal Highway AKA 15 S. Federal Highway & #04-1242 — J&J Properties of Broward Inc. — 17 & 19 S. Federal Highway AKA 20 N. Federal Highway Attorney Harry Hipler agreed to have both cases heard at the same time. Inspector William Dubisky came forward and was sworn in and gave a summary of the past case history. Mr. Dubisky stated that it is the City's position that an extension not be granted due to the fact that this building has been in a state of disrepair for an exceptionally long period of time. Attorney Harry Hipler came forward. Attorney Hipler stated that he has hired the architect and it will cost about $70,000.00 for the store front to be repaired. He stated that Mr. Kodner is currently fighting with the insurance company to get them to pay for the repairs and the insurance company is not willing to pay the fair market value to have the repair work done. Attorney Hipler stated that they are requesting more time to make application to go ahead and comply. Bruce Kodner came forward and was sworn in. Mr. Kodner stated that the architect is now currently working on the drawings for the front of the building. He also stated that he never got served and he has been fighting with the insurance company for 8 or 9 months since the front came down to get some kind of restitution from the Insurance company. Attorney Hipler stated they would need 60 days to get everything done to get the permit. Tim McLeod made a motion to extend both cases for 45 day from 11/20/04 to be permitted. The motion was seconded by Gary Luedtke and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Richard Bettor-yes 8) Request for an Extension - #04-0327 — Alexander Galligan TR — 2440 State Road 84 Dania Beach Code Board Summary Minutes 5 November 1,2004 3) # 04-0047 Sovereign International Properties 303 N Federal Highway Dania Beach, FI Chief Code Inspector William S. Johnson, having been previously swom in, came forward and gave the following testimony. This is a motion to confirm the fine. This case came originally before the Board on 5/3/04 for one violation; failure to obtain an Occupational License. The compliance date was 9/01/04, and the Defendant has not complied. Community Development Director Larry Leeds came forward and was sworn in. This property was cited over a year ago, on February 24, 2004 for not obtaining an Occupational License. In working with the Electrical Inspector the building remains in violation, making this case a health safety issue. Chairman Bettor asked if there was anyone representing Sovereign International. Mr. Louis Gigliotti, who lives at 1605 Dewey Street, Hollywood came forward and was sworn in. Mr. Gigliotti stated he is a partner with Sovereign International in another venture and he is also an attorney. He then gave testimony on what steps are being taken to bring the property into compliance. Mr. Gigliotti asked for a recommendation of a general contractor to come into compliance. It was on motion by Jimmy Peterman; second by Tim McLeod to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 4) #04-1241 J& J Properties 11 South Federal Highway Dania Beach, FI #04-1242 J&J Properties 15 South Federal Highway Dania Beach, FI Code Inspector William Dubisky came forward was sworn in and gave the following testimony. This is a motion to confirm fine where corrective action was to have been taken on or before November 19, 2004. They received a 45 day extension making the new date of compliance January 4, 2005. A reinspection on January 6, 2005 revealed the store fronts have not yet been repaired. Attorney Harry Hipler stepped forward to state as per the Board order a variance was applied for and obtained. The bottom line he stated is permits have been applied for. Dania Beach Code Board Summary Minutes 2 June 6,2005 Mr. Larry Leeds having been previously sworn in came forward and had the following testimony. He explained that applying for a permit, is not necessarily doing all the work. Compliance is not based on applying for permits but rather on seeing if work has been completed. Mr. Bruce Kodner, at 10708 El Paraiso Place came forward and was swom in. He clarified it took a long time to apply for the permit because he went through a divorce and he needed to straighten out his address information with his insurance. Furthermore getting the check from the insurance is no easy task but now the money is there and he would need 90 days to come into compliance. Mr. Tim Ryan explained that if compliance is achieved than an abatement can be requested. Mr. Leeds added that if plans are not approved it means city requirements are not met and that is a mistake on the part of the architect not the City that must be corrected. It was on motion by Judy Jensen; second by Jimmy Peterman to confirm the fine. The motion carried on the following roll call: David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-no 5) #03-5771 Ravenswood Diesel Inc 2144 SW 38 ST Dania Beach, FI Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. This is a motion to confirm fine. Reinspection on May 25, 2005 revealed corrective action had taken place. The confirmation of fine was from October 8, 2005 to May 25, 2005. Chairman Bettor asked if there was anyone representing Ravenswood Diesel Inc. Mr. Bottomley, at 2144 SW 38 Street, came forward was sworn in and gave the following testimony. He stated he is a tenant at the property in violation. Mr. Bottomley expressed that his office sent a fax in order to obtain reinspection, but no one ever went by the property. Mr. Phaneuf stated, in reviewing the file the only fax that was received was a request for a continuance from the July meeting to August. Inspector Phaneuf said he does not agree to having received a fax that states reinspection was requested. On the circumstances of the case and the actions he is taking to bring the property into compliance. It was on motion by Jimmy Peterman; second by David Nuby a fine of $2200 be paid within thirty days. Mr. Tim Ryan explained the Inspector on the case recommends reducing the fine to $1300 because permits were applied for. An amended Dania Beach Code Board Summary Minutes 3 June 6,2005 Motion by Tim McLeod, second by Jimmy Peterman to dismiss all the cases that have come into compliance. The motion carried unanimously. 5. OLD BUSINESS: Case#05-0737 Paulyne Levesque, 2221 SW 47 Street- Request for Extension Inspector: Gary Phaneuf) sworn in Violations: Ch 15 Section 15-1 and Ch 28 Section 4.20 Present for the Defendant: Andree Levesque} sworn in Disposition: Motion made by Jimmy Peterman, seconded by Tim McLeod, to give the defendant a 120 day extension from 11/28/05 to comply. Motion carried by unanimous vote. Case # 04-1241 J & J Properties of Broward County, 11 S Federal Highway a/k/a 15 S.Federal Highway Authorization for Foreclosure # 04-1242 J&J Properties of Broward County, 17 & 19 S Federal Highway a/k/a 20 N.Federal Highway Authorization for Foreclosure Inspector: William Dubisky Violations: Ch 8 Article 11 Sec 8-22 (2) (B) Present for the Defendant: Harry Hipler, Esq. Disposition: Property is still in violation. Motion made by Tim McLeod, seconded by Jimmy Peterman to give authorization to foreclose with no action being taken within 60 days. Motion carried by unanimous vote. Case # 04-1735 Richard Bulow TR, 4100 Ravenswood Rd Inspector: William Dubisky Violations: Ch 15 Section 15-1, FBC 104.1, Ch 28 Art IV, Section 4.20 IROM FBC 104.1 Present for the Defendant: Dania Beach Code Board Summary Minutest/04/06 2 c c m C C C C c c c M C a) @ C C C C E c C N O O O O w p (r C (r (F (G V= w w w C N w O C C w w w w T" T(' TTTT T T T E T V= k TTTT« Ty T@ C C C N c "O @ m T m @ m m @ Co m m c T T m m m m0 Co N @ E E E E m o E m m o o o o 0 0 o w °U o c E 0 0 0 0 m o U o n m o n o n n n n n a a a m d o o a a a a n° n o momoo °-oo0 0 0 0 oc omm nno0000) o � o a a a c a c o a M o 0 0 0 0 0 0 0 o w. o a o 0 0 0 0 o c O 0 0 0 N O 'O L (O (D (D O O O O O O 'O N N r y o L6 0 0 LLO] N O O@ LL] O CD a) m '3 N C N @ r N N N a) (/) ._ r LL'1 N N c =� (A '� en rn f» F» F»Fn E» » w E o » Vn E V» F u ( d v> > o w O O O O X a) X N C 00 @ O a) O 00 o o d 0 o o o o o o 0 0 o V= L 0 x 0 0 0 0 0 0 0 0 0 0 -° '° 0 0 - E O E O E O E O T > E O T T T T T T T T T V u O O T T Epp O T T T > T T T Q T O y E T N U p U °p U 0 U p -@° V U (°O. 'm0 V 'm0 'm0 V 'O "m0 a) i.00 -m0 'm0 U O 'm0 'm0 'm0 'm0 'm0 'm0 'm0 (D 'm0 (6 E a) 'm0 d@ M @ M d M d - 0 0 @ 0 0 0 0 0 0 O O O C m m W O O N (D 0 0 0 0 0 0 0 0 .C .N O X 4' W' fA d' fA EA d' fA O m 2 f9 M to fD fD (D m M 0 O) lL K 'O M O) M W f (o m (O O) M m m O a ll fD W @ Q N> (U z a a m . � N = 2 ai � 0 - ,� -° ai m U aim0 � ° � L aim U) ° U) U > > 0 0 @ m m � tq N � mQ mm N ('') oz o o � 0Q c U � 0vN c m Q Qa N a a U M > 7 C N M « O «p 0 «O ° > O D V O n > a N N W W LL V ai > >�> of J N J. N Z w > c� ai = z w v�i U)) c:� U) W > w > (n O O U N In It m@ m m N En O O m0 U) OU z zzm N r r N O D U LL') 7 z N > > U > N O N r U O N m y O r 0 v M (D O d O O N v r m (DO N r (D M (O m m@ m m@ N O O m mM OO (DN O O M M V O y r N O .-- m A N C. @ E c v ° y w v n C C C > 3 3 5 d c g o N CD m O O N m Q `° ❑ CL O m` m cc_ O O U N N N � @Y L E CU fm6 m ' C 3 0 N ` Qd d E E E CO 0 J@N N N Y 1' > m ❑ aa m °N O O mO z °N a) Q U . M o a0Nf0 ❑L@m CO aS� aa a v LmZ ad >c > no a a c > > m z Q (D wC—n KY Um ❑ a U H U mc m m oU o o m o a (n (D m co m e N N o (n co 0 o m m (n o M 7k V a aD N m )O N aM m m - - m N r M V7 r M (O LL'1 r O M N N N co It O O N .- N v O N O - N - .- N N E O r O O M O m V V to (ti (D (O (0 (D (O co (O (O (D co (O (O (D (O CD ID N (D (D (D (D (O (D cc (O (D O (D (O U O O O O ojOj 0 0 0 0 0 010 O O 1 010 O O ClO O O O O O O O O O O O O N O N M 7 N (D r OD m 0 N M N co r aD m 0 N M er N (O r aD O) O N M N N N N N N N N N N M M M M a) N m U Apr 09 2007 11 :07RM HP LRSERJET FAX p. 2 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CITY OF DANIA BEACH, CASE NO.: CACE 06-12055 (09) a municipal corporation, Plaintiff, VS. J&J PROPERTIES OF BROWARD, INC., a Florida corporation,UNKNOWN TENANT #1 in possession,UNKNOWN TENANT#2 in possession and UNKNOWN TENANT#3 in possession Defendants. PLAINTIFF.CITY OF DANIA BEACH, AND DEFENDANT, J&J PROPERTIES OF BROWARD,INC..FINAL Mi MLEMM ♦l112i II MFNT Plaintiff,CITY OF DANIA BEACH,hereinafter identified as"CITY",and Defendant,J& J PROPERTIES OF BROWARD, INC., hereinafter identified as "J & J.", by and through their respective authorized representatives and their counsel of record, enter into this Final Settlement Agreement and state: 1. This is an action by the CITY to foreclose two municipal liens on property in Dania Beach owned by J&J and described as: Lot 10, less the west 24 feet conveyed for road right of way, Block 23,TOWN OF MODELO(now Dania),according to the Plat thereof, recorded in Plat Book"B",Page 49,of the Public Records of Dade County, Florida. (Folio#0234 01 3380) and Lot 11,less the west 24 feet conveyed for road right of way, Block 23, TOWN OF MODELO(now Dania),according to the Plat thereof, recorded in Plat Book"B",Page 49,of the Public Records of Dade Apr 09 2007 11 : 07AM HP LASERJET FAX p.3 CASE NO.: CACE 06-12055(09) County,Florida. (Folio S 0234 01 3390) (hereinafter identified as the subject property). 2. The CITY claims an amount due of$125,153 on the two liens against the subject property totaling$125,153 for violation of the Dania Beach City Code. 3. J&J filed its Answer and Affirmative Defenses in this action contesting the validity and enforceability of the city's liens. 4. J & J filed two separate Circuit Court appeals of the City Commission's abatement decision of January 18,2007,which reduced the liens from S 125,153 to $60,000,provided J& J made payment in full byMareh 20,2007.The firstNodce ofAppeal,case numberCACE 07-003779 (05),was dismissed by Court Order dated March 21,2007.The second appeal,case number CACE 07-003781 (07),has a Motion to Dismiss pending before the court. S. The CITY and J&J agree to settle the liens and the aforementioned litigation by payment from J&J to the CITY of$60,000 in full settlement,under terms and conditions specified in this Agreement. 6. J&J will pay the CITY S2,500 per month on or before the first day of each month until the $60,000 is paid in full. The initial $2,500 payment shall be due on the first day of the month following approval of this Agreement by the Dania Beach City Commission. 7. The monthly payments shall be payable to City of Dania Beach,and delivered to Finance Department,City of Dania Beach, 100 West Dania Beach Boulevard,Dania Beach,Florida 33004. If any payment is not received by the CITY within five(5)days after the due date,J& J shall pay 2 Apr 09 2007 11 , 07AM HP LASERJET FAX p. 4 CASE NO.: CACE 06-12055 (09) the MY a late charge of$150 for each delinquent payment.The late fee shall be added to J &J's next monthly payment. 8. Ifany payment is not received by the CITY within fifteen(15)days after the due date,said nonpayment shall constitute a default on payment and,upon five(5)days written notice of default delivered to J&J's counsel,the entire$125,153 fine,less any payments to date from J&J,shall be immediately due and payable to the CITY. If J& J defaults on payment, then J & J shall pay the CrrY its reasonable attorney fees and costs to collect the code enforcement fines and to enforce its lien rights, 9. This Settlement Agreement is contingent.upon and subject to approval by the City of Dania Beach City Commission with respect to all terms and conditions stated in this Agreement.If this Agreement is approved by the CITY and J&J,the lien foreclosure action shall be dismissed without prejudice by joint stipulation of Plaintiff and Defendant. The parties agree that if J & J defaults in payment as aforesaid,the CITY retains its rights to reopen the lien foreclosure action or to take such other legal action as the CITY determines to collect all amounts due on the code enforcement fines and liens. If this Agreement is approved by both parties, J &J will dismiss the pending appeal in case number CACE 07-003781 (07). 10. If J & J transfers title or any ownership interest in the subject property prior to full payment of the liens, then upon transfer, the remaining balance on the liens shall immediately become due and payable to the MY. 11. J&J's payment as agreed herein will satisfy all obligations of J&J regarding the Dania Beach Code Enforcement Board Final Orders recorded July 22,2005, in O.R. Book 40130,Pages 3 Rpr 09 2007 11: 07RM HP LRSERJET FRX p. 5 CASE NO.: CACE 06-12055(09) 1236- 1240 and 1250-1253,and the Supplemental Orders/Claims of Lien recorded July 22,2005, in O.R.Book 40130,Pages 1241 - 1249,Broward County records.Upon payment of the$60,000 as aforesaid,the City of Dania Beach will prepare and record a Release and Satisfaction of both Final Orders and Supplemental Orders/Claims of Lien referenced herein. 12. The parties agree that no modification or waiver of of the terms of this Agreement P 8r any i shall be valid unless in writing and executed with the same formalities as this Agreement The failure of any party to insist in any instance upon strict performance of any of the terms or provisions of this Agreement on the part of any party to be performed shall not be construed as a waiver or relinquishment for the future of any such term or provision and the same shall continue in full force and effect. 13. This Agreement contains the entire understanding of the parties. There are no representations,promises or undertakings other than those expressly set forth herein. 14. This Agreement is intended to constitute a valid and enforceable legal instrument and no provision of this Agreement that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect, unless a contrary result is clearly expressed herein. 15. The parties agree that the laws of the State of Florida shall be the operative and binding law for purposes of interpretation, if any,and enforcement of this Agreement. As this Agreement wm fully negotiated between the parties, it shall not be construed against the draftor. 16. The parties acknowledge they have been represented by independent counsel of their own selection in negotiating and executing this Agreement. 4 Apr 09 2007 11 : 07SM HP LRSERJET FAX p. 6 CASE NO.: CACE 06-12055(09) 17. The parties agree that should it become necessary for any party to sue to enforce the terms of this Agreement, the prevailing parry shall be entitled to an award of a reasonable attorney fees and costs arising out of the lawsuit to enforce,whether the same bo incurred in the trial court, in post-judgment proceedings or in any appellate court. 18. The parties waive trial by jury.The venue for any dispute regarding this Agreement shall be in Browaid County, Florida. > 19. This Agreement may be signed in counterparts and each of such execution shall have the same force and effect as if it alone had been signed by the parties. k JYA Dated March 2007 DatedMareh I"k_\ tk ,2007 CITY OF DANIA BEACH, J &J PROPERTIES OF BROWARD,INC., a Florida Municipal Corporation a Florida corporation Q By: By: U ROBERT ANTON, Mayor BRUCE KODNER,President LAW OFFICES OF RYAN&RYAN, LLC MICHAEL L. FEINSTEIN, P.A. Attorneys for Plaintiff,City of Dania Beach Attorneys for Defendant,J&J PROPERTIES 700 East Dania Beach Boulevard,Third Floor, OF BROWARD, INC. Dania Beach, Florida 33004 888 East Las Olas Boulevard, Suite 700, (954)920-2921 Fort Lauderdale,Florida 3 01 (954)767-9662 By: By: TIMOTHY M.RYAN MICHAEL L. FEINSTEIN Florida Bar No. 325831 Florida Bar No. 650382 F:Wpe'Cey erDa"R4GbW%19eNYmat Ayem.City Dania Beach.I k J Peopatin Case No.0612WS 09.wpa 5