Loading...
HomeMy WebLinkAbout14201 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 17, 2007 - 6:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury Assistant City Manager: Colin Donnelly City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case #02-3248, for property located at 750 NE 71h Avenue (40235-17-0030) (Continued from March IS, 2007) Attorney Tim Ryan advised that Larry Zink, attorney for Palm Beach Polo Holdings, Inc., requested a continuance until the July 19, 2007 Abatement Hearing. Commissioner Bertino motioned to continue the abatement request until the July 19, 2007 Abatement Hearing at 6:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.2 Request for abatement for Bony Capetillo, Case #06-0336, for property located at 2717 SW 47"' Street (#0229-14-0350) Attorney Tim Ryan advised this case is for failure to obtain a Building Permit for construction of a carport. The total amount of the lien is $18,150. The Special Magistrate recommends abating the lien to $2,500. Commissioner Bertino motioned to abate the lien to $2,500, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.3 Request for abatement for Florida Sweeping Inc., Case #05-0440, for property located at 4630 SW 441h Avenue(#0125-28-0011) Attorney Tim Ryan advised the property was annexed into the City in 2001. This case involves six violations for failure to obtain an Occupational License for business; failure to obtain Occupational Licenses for each separate business on the property; failure to vacate persons from all mobile living units on the property and cease all such operations; 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; failure to cease use of the property for purposes other than those approved by the Occupational License; and failure to remove all items not permitted on the property. The total amount of the lien is $30,810. The Special Magistrate recommends abating the lien to $15,405. Attorney Dick Coker, representing Florida Sweeping, Inc., explained that the owner of the property, Basil Sloly, is not a developer. The property was annexed into the City in 2001, and Mr. Sloly operates the business that sweeps the streets on Interstate 95. He distributed an aerial photograph of the property. Attorney Coker explained that Mr. Sloly purchased the property in 1995, but has been operating the business since 1990. He noted his client purchased a Broward County Occupational License every year and was unaware that he had annexed into the City until 2005 when he was notified by the Dania Beach Code Enforcement Division. He indicated that Mr. Sloly was never able to obtain a Dania Beach Occupational License because he was unaware that Broward County had never issued a Certificate of Use. Without a Certificate of Use the Community Development Department did not consider the business a legal non- conforming use, and would not issue an Occupational License. Mr. Sioly had to dismantle the business and clear the site. Attorney Coker distributed copies of receipts totaling $29,000 paid by Mr. Sloly to bring the property into compliance. He commented that Mr. Sloly is out of business because he has no place to conduct his business; he has lost use of his property due to the annexation. Attorney Coker requested a reduction to a nominal fine. Basil Sloly, owner of the property, noted he has been on the property since 1990, and works for FDOT cleaning the turnpikes and Interstate 95. His Occupational License and the building on the property were legally permitted by Broward County. He stated that due to the fact that he Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, May 17,2007—6:00 p.m. cannot obtain a Dania Beach Occupational License, he has to give up his contract with FDOT and is unable to continue with the operation of his business. Commissioner Flury motioned to abate the lien to $2,500, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.4 Request for abatement for Bryan Road Investments LLC, Case #05-0835, for property located at 80 SW 8'h Avenue (40234-24-0080) Attorney Tim Ryan advised the property was cited for one violation of failure to comply with all requirements and conditions of Site Plan approval. The project was approved for 33 units, but there were more than 33 units on the property. The fine ran for 61 days for a total of$6,100. The Special Magistrate recommended abating the fine to $2,500. The case came before the Commission on January 18, 2007, but there was no reduction because the respondent was not present. Moshe Levy, 2604 SW 55`h Street, noted he was unaware of the problems when he purchased the property. He stated he was given 90 days to fix the problem, and that is when the hurricanes came. He said he then requested an extension, but was denied. Commissioner Bertino motioned to abate the fine to $2,500, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.5 Request for abatement for GC Properties LLC, Case #05-1425, for property located at 2402 SW 54`h Street (#0232-23-0210) Commissioner Bertino motioned to rehear Case #05-1425; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote; Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Attorney Tim Ryan advised the property was cited for one violation of failure to obtain permits for the construction of an addition/accessory structure and a fence. The fine ran for 201 days for a total of $30,326.50, including recording fees. The Special Magistrate recommended abating the fine to $10,000. The case came before the City Commission on January 18, 2007, but the Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, May 17,2007—6:00 p.m. Commission denied the recommendation of the Special Magistrate and kept the original amount. Tonight's request is for an abatement of$15,000, to be paid within 30 days. Commissioner Bertino motioned to abate the lien to $15,000, to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Items #3.6 and #3.7 were heard together as it is the same property owner, with different addresses 3.6 Request for Settlement Agreement for J & J Properties of Broward Inc., Case #04- 1241, for property located at 11 S. Federal Highway, a/k/a 15. S. Federal Highway (#0234-01-3380) 3.7 Request for Settlement Agreement for J & J Properties of Broward Inc., Case 404- 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) Attorney Tim Ryan explained the location of the properties and advised the owner was cited for one violation in each case, for failure to complete unfinished work on parapet causing a blight factor for adjoining property owners. The fine ran for 624 days for a total of$62,576.50 each, including recording fees. The Special Magistrate recommended abating the fine to $60,000 on both cases ($30,000 each). The cases came before the Commission on January 18, 2007 and the Commission upheld the abated amount of $60,000 for both properties to be paid by March 19, 2007. Tonight's request is to accept a Settlement Agreement for the $60,000 with a payment plan of$2,500 per month. Commissioner Castro motioned to accept the Settlement Agreement for $2,500 per month, for a total of$60,000 for both properties; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Attorney Ryan noted we have two cases that are not on the agenda for Real Estate Development I LLC, Case#05-1010, for property located at 4716 SW 32nd Avenue (#0230-01-0130). Attorney Ryan advised the property was cited for two violations, failure to replace or remove fence that was in disrepair, and failure to repair and paint a building that was in disrepair and discolored. The fines ran for 410 days for a total of $92,176.50. The Special Magistrate Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, May 17,2007—6:00 p.m. recommended abating the fines to $26,000, however the Commission voted 3-2 to deny the recommendation. They are now proposing a settlement for $50,000, to be paid within 30 days. Commissioner Flury motioned to reconsider Case #05-1010; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote; Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Janna Lhota of Holland & Knight, attorney for Real Estate Development I, LLC, developer of the Watercolors Project, commented that evidence showing repairs for the property were never shown to the Commission. She noted the developer is doing a water and sewer enhancement project in connection with Broward County. She acknowledged they have experienced unexpected cost overruns in excess of $200,000 with the project, and did not see the sense in painting a building and replacing a fence that was going to be demolished. Oscar Grisales, attorney, acknowledged he did not present evidence to substantiate the actions his client took to secure and maintain the property at the March 15`h Abatement Hearing. Commissioner Castro motioned to abate the lien to $50,000 for both cases combined, to be paid within 30 days; seconded by Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes City Attorney Ansbro advised the Russo case is coming up for a settlement under the Burt J. Harris Act. He noted that Attorney Ryan worked on the Code Enforcement case for the Russo property located west of the airport. Attorney Ryan explained the case involved a commercial storage facility, and the property owner claimed to have a non-conforming use. Russo appealed the Code Enforcement Board ruling to the Circuit Court and lost. He also appealed to the 14`h District Court of Appeal and a partial victory came back to the Circuit Court, which again affirmed in favor of the City. The case went back to District Court and was unsuccessful. City Attorney Ansbro advised that Russo filed the Burt J. Harris claim when they lost the case. The case is coming up for trial and they have made an offer to settle with the City for $186,000. City Attorney Ansbro suggested we not accept the offer, and he needs to submit an answer by tomorrow. He further noted that we got sued on Tuesday by the League of Cities, who used to be our insurance company for this case. He asked that we retain Attorney Ryan as the attorney for this case. Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday, May 17,2007—6:00 p.m. The consensus of the Commission was to reject the settlement offer. 4. Adjournment Mayor Anton adjourned the meeting at 7:10 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB A TON CITY CLERK MAYOR—COMMISSIONER Approved: June 12, 2007 Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,May 17, 2007—6:00 p.m.