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2007-07-19 Abatement Hearing City Commission Meeting Agenda Packet
AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JULY 19, 2007 - 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W.DANIA BEACH BLVD, DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. ROLL CALL 3. ABATEMENT REQUESTS 3.1 Request for abatement for Palm Beach Polo Holdings Inc., Case #02-3248, for property located at 750 NE 7`h Avenue (#0235-17-0030) (Continued from March 15, 2007 and May 17, 2007) 3.2 Request for abatement for Valerie Velella, Case #06-0173, for property located at 609 NW 8ch Street (#0234-25-0500) 3.3 Request for abatement for William T. and Norma L. Parker, Case #04-1318, for property located at 3951 SW 51" Street (#0231-10-0010) 3.4 Request for abatement for William T. Parker, Case #05-1158, for property located at 3951 SW 51" Street (40231-10-0010) 3.5 Request for abatement for William T. Parker, Case #06-0661, for property located at 3951-3953 SW 51s` Street (#0231-10-0010) 3.6 Request for abatement for Adolfo E. Berrios & Zoja Fahmy, Case 905-0613, for property located at 43 SE 10`h Terrace (#1203-13-0360) Dania Beach City Commission Agenda- Abatement Hearing July 19, 2007—6:00 p.m. Page 2 of 2 3.7 Request for abatement for Ana & Roberto Aguilera, Case #06-0755, for property located at 274 SW 7`h Street (#1203-05-0230) 3.8 Request for abatement for Ali Masaei, Bakari Miller, Case #06-0854, for property located at 1001 SW 12`'Avenue (#1203-34-0030) 3.9 Request for abatement for Zion & Yahudith Fadlon, Case #06-1290, for property located at 4940 SW 26«Terrace (#0232-02-0091) 4. ADJOURNMENT AGENDA REQUEST FORM CITY OF DANIA ®� JUN 2 5 2007 Date: February 22, 2007 Agenda Item#: / ✓✓✓ • _� 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 3/03/03 meeting. At the 3/03/03 meeting, the case was again continued to the 6/02/03 meeting. At the 6/02/03 meeting, the case was continued to the 9/08/03 meeting. At the 9/03/03 meeting, a final order was issued giving the defendants 90 days to comply or a fine of $100.00 per day would be levied. The compliance date was 12/18/03. The defendant was granted an extension until 3/17/04 to comply. The property was not brought into compliance and the lien was confirmed on 7/06/04. This went back to the board on 2/07/05 for partial release of lien on the Fort Lauderdale property. On 5/09/05 they were granted a 30 day extension until 6/06/05. At the 6/06/05, authorization to foreclose was given. The property was brought into compliance on 1129/07. The fine ran from 3117/04 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. This was continued to the 5/17/07 abatement hearing and then now to the 7/19/07 hearing. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board. (2) Copy of the original violation letter issued. (3) Copy of minutes from the 2/03/03, 3/03/03, 6/02/03, 9/08/03, 7/06/04, 2/07/05, 5/09/05, 6/06/05, Code Board meetings and the 2/05/07 Special Magistrate hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing testimony and based on recommendations, requests abating the lien to$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, begin p y, to eg running 90 days from the date this order is signed b the Chairperson 9 Y P 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 / 2003. DANIA BEACH CODE ENFORCEMENT BOARD BY Richard Be or, Chairperson Return to Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #02-3248 PAGE 3 Notary Seal: Sworn and subscribed before me this --�(— day of 2003. NOTARY PUBLIC STATE OF FLORIDA Richard Bettor is personally known to me. � G,one l Brander MY commission Dole7260 L I Epires May 10,2007 w10 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 1 a day of_ 2003. CERTIFIED MAIL 7002 2030 0003 2168 5698 CODE ItINFORCEMENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS J 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, cL 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 6`" 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 18t" day of December, 2003, or pay a fine in the amount of $100.00 per day for each day of non compliance thereafter. SUPPLEMENTALORDER #02-3248 2. That the Board did issue on the 22nd day of January, 2004, a Supplemental Order granting the Defendant's request for extension of time for the imposition of the fine until March 17, 2004. 3. That said violation occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: PORT LAUDANIA 120-39 B PARCEL A LESS E 333 & LESS N 249 & LESS DANIA CANAL (# 0235 17 0030). 4. That the Defendant, Palm Beach Polo Holdings Inc., did not comply with the Final Order on or before the date specified therein. 5. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified from March 17, 2004 until such time as the defendant, Palm Beach Polo Holdings Inc., shall comply with said Final Order. Upon complying, the defendant shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether defendant has complied. •6. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by defendant. DONE AND ORDERED at Dania Beach, Broward County, Florida, this a 7 Day of Q&4 2004. DANIA BEACH CODE ENFORCEMENT BOARD By: 1l Cal G l'C -- Richard Bettor, Chairman Return to Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, F1 33004 SUPPLEMENTAL ORDER 402-3248 Sworn to and subscribed before me this ;�27 day of 2004, By Richard Bettor, who is personally known to me. NQrtARY PUBLIC STATE OF FLORIDA o,,,.4 Gloria J Brander ' My commwwn DD187280 h 'oa,wd(+ Expires May 10,2007 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEAAENTAL ORDER P02-3=48 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 ald4 2004. CERTIFIED MAIL # 7002 2030 0003 2169 6076 pp Q-- COD4 ENFORC ENT BOARD CLERK APPROVE TO FOR M# ND CORRECTNESS TIMOTHY RYAN, SPECIA CITY ATTORNEY i I 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 Vamey 4 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 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 sections ) and corrective actions for your reference . You are required to correct the violations) 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 . Sincerely b KENNETH KOCH BUILDING OFFICIAL I certify that an original hereof was furnished to the above named addressee by : Certified Mail # 7002 0860 OOCO 5814 1428 by BETH DAGNON . "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 w .ci.dania-beach.fl.us SE NUMBER 02 - 00003248 OPERTY ADDRESS 750 NE 7 AVE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - VIOLATION : FBC 104 . 1 PERMITS PEQ . QUANTITY : 1 !Sr TPTION : FBC 104 . 1 PERMITS REQ . , DOCKS DATE : 8/26/02 :AT I ON : 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 . r VIOLATION OF: i4�- n 1T5 /Zf--rru(P0 PROBLEM DESCRIPTION: pocKi I LES r PS TALC r-�9 1 6 PFj¢r fr REMEDY: NT�2/Kiz' 7 , c64-Iu PFie rlrFrzcn rt�-ap 2rzF-IGe n-dVRww TNrvFrr7 ,ps NUMBER OF DAYS TO CORRECT: ? D VIOLATION OF: PROBLEM DESCRIPTION: REMEDY: U� YOU LJ6,v-)+ -rD Cl�Q `thI's to Fj�c'' yes 0 wh1 ch NUMBER OF DAYS TO CORRECT: I !" 4 J G1d � as 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. he motion of Judy Jensen seconded b Jimmy Peterman to continue It was on t y Y 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 ll, Section 8-21 (4)(F), fence violation. As of today, Mr. Baker, said the property is still in violation of Chapter 13, commercial vehicles still on the property, Chapter 13, trash and junk on the property, Chapter 14, unlicensed vehicles has complied and Chapter 8, fence violation has complied. First contact was made on August 8, 2002. Chairman Bettor asked if anyone was present representing George Roebuck, no response was given. It was on motion of Gary Luedtke, seconded by Tim McLeod move to adopt a finding of fact on Chapter 14, and Chapter 8 violations and for the Chapter 13 violations that the defendant be given 30 days or a fine of $50.00 thereafter. Chairman Bettor entered one photo into evidence on this case. The motion carried on the following roll call: David Nuby - yes Tim McLeod - yes Judy Jensen - yes Gary Luedtke - yes Terrell McCombs - yes Jimmy Peterman - yes Richard Bettor - yes Dania Beach Code Board Minutes 18 Febmary 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) 43248 Palm Beach Polo Holdings Inc 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William Johnson, having been previously sworn in, came forward and gave the following testimony. Service was obtained by posting the property, Affidavit of Service is on file, via first class mail, and Certified Mail with return receipt. Mr. Johnson turned the case over to Building Official Kenneth Koch. Mr. Koch, having been previously sworn in, came forward and gave the following testimony. The case was previously cited for work done, but cited in error. Original violation notice was mailed 8/06/02, but Mr. Koch had started the case in 6/02. There were docks and piles that had been installed on the property without obtaining a permit. There is one question whether certain docks and piles that are in Dania's cut off canal should be there. That will be determined when the application for permit comes in. As of this date, there is no response or application for permit. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie FL, who stated he works for Palm Beach Polo Holdings and Broward Yachts, came forward and was sworn in. Mr. McLaughlin said there were replacement of docks that was built long before ownership of the property. Mr. McLaughlin had to prove this knowledge to DEP, army 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 1I, 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) #3248 Palm Beach Polo Holdings Inc. 750 NE 7 Avenue Dania Beach, FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and had the following testimony. Service was obtained by Certified Mail, received return receipt; also sent via first class mail, property was posted, and Affidavit of Service is on file. Mr. Johnson stated that the Building Official Ken Koch would testify on the case. Mr. Koch, having been previously sworn in, came forward. The violation was for piles that were put in the cut off canal without a permit. The defendants were trying to get their permit through DPEP, who is part of South Florida Water Management. They will need a continuous extension of time because DPEP is regulating the permit approval. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings. Mac McLaughlin, 11123 SW 37 Manor, Davie, FL came forward and was sworn in. Mr. McLaughlin said there are two situations to the violation: one was some replacement piles for docks, and the second was for several pilings put into the Dania Beach Code Board Summary Minutes 10 June 2. 2003 canal. No docks have been built on the installed pilings which are about three to four feet off the seawall. The defendants are currently awaiting the final approval from South Florida Water Management who is still processing the paperwork for the approval. Mr. Me 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 Bock of SW 31 Street Ft. Lauderdale,FL Chief Code Inspector William S. Johnson, having been previously sworn in, came forward and presented two photos. Service was obtained by Certified Mail, received return receipt, property was posted, Affidavit of Service is on file; also sent via first class mail. This is a violation of Chapter 28, Zoning, Article 27, IROM (Industrial Research Office Marine) District, Section 27.30(b), Prohibited Uses, the storage or parking of automobiles, trucks, and tractor trailer is prohibited in an IROM zoned district. The defendant was first notified of the violation on 11/20/02. Mr. Johnson said that after speaking to Douglas Wyckoff, attorney, he agreed with Mr. Wyckoff s recommendation that they be given a 90 day extension because a lot of the violations have been moved off the property. Attorney Ryan asked Mr. Douglas Wyckoff if he would come forward and agree that there was a finding of fact that a violation exists, that the violator be given 90 days to remove the vehicles, and if not corrected within the 90 days there will be a $100.00 per day fine. Mr. Wyckoff came forward and said yes. Judy Jensen made a motion based on Attorney Ryan's statement. The motion was seconded by Gary Luedtke and the motion carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes 16) Authorization to Foreclose — CEBOI-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 Judv Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes 10) 402-3248 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. carve forward and said that the violation notice was sent 8/22/02 for docks being replaced and piles being installed. The piles were installed in the Dania cut off canal. The defendant had to go through several agencies for approval in keeping the dock. They still have to go through to the Department of Planning & Environmental Protection (DPEP) in order to get approval. The approval on the piles has to go through South Florida Water District and Army Corp. The defendant has not received approval from .Army Corp., and the piles have been removed from the canal. The docks still need permit. They still need DPEP before the city would grant the permit. Mr. Koch has been in communication with the defendant who had been trying diligently to resolve the violation. Chairman Bettor asked if there was anyone representing Palm Beach Polo Holdings Inc. Robert Dean, 13502 SW 102 Lane, Miami, FL, came forward and was sworn in. Chairman Bettor asked Mr. Dean how was he representing Palm Beach Polo Holdings Inc. Mr. Dean replied that he is the general manager of Broward Yachts who is part of the company. Chairman Bettor asked Mr. Dean how far was the project. Mr. Dean provided some history in regards to the existing docks and piles, and how the company had tried to renovate the docks and piles. Mr. Dean said he had someone remove the piles. He has now redesigned the layout of the docks to their original form. Of the six original docks, five are rebuilt, but no permit was pulled; however, they are resolving the permit situation. He has been in contact with army engineer who has promised to have their recommendation some time soon. Once he receives the recommendation from army engineer, he will take that back to DPEP. South Florida Water District has signed off their approval. Mr. Dean says he estimates about 90 to 120 days before he could present. the City of Dania Beach with a permit approval. Tim McLeod made a motion to accept the building official statement that the violations do exist and time is needed to clear up the red tape approvals, and grant the respondent 90 days or a fine of $100.00 per day. The motion was seconded by Beulah Lair and carried on the following roll call: Tim McLeod-yes Gary Luedtke-yes Judy Tulacro-yes Judy Jensen-absent for vote Beulah Lair- yes Richard Bettor-yes Dania Beach Code Board Summary Minutes 9 September 8,2003 Beulah Lair told Mr. Dean if he should need more time then he should request the time from the board. 11) 403-4832 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 tin Elisabeta Patriche. Elisabeta Patriche 200 SE 41h Terrace was sworn representing , in. Dana Ionescu daughter of Patriche, 200 SE 41h Terrace was sworn in. Chairman Bettor asked Ms. Patriche and Ms. Ionescu to identify the pictures of their property. Ms. Patriche and Ms. Ionescu gave testimony. Ms. Patriche identified the pictures of their property. Jimmy Peterman motioned to confirm the fine with compliance date as of today, the motion was seconded by Tim McLeod and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 7) Motion to Confirm Fine- #02-3248 — Palm Beach Polo Holding Inc. — 750 NE 7Ih Avenue Building Official Kenneth Koch came forward was sworn in and gave the following testimony on the past history of the case and stated this is a motion to confirm fine. Mr. Koch stated, as of this date, they still are not in compliance. Chairman Bettor asked it there was anyone representing Palm Beach Polo Holdings. Larry Zink, attorney for Palm Beach Holdings, 1198 Hillsboro Mile Suite 224, Hillsboro Beach, FL 33062, came forward and gave testimony on the steps that were taken to try to comply. Attorney Ryan told Attorney Zink that they have to resolve this legal action to compel the agencies involved to act and that we can not continue to let the case be continued. Glen Straub, President, came forward and was sworn in and gave testimony that they have taken care of the situation with the Corp of Engineers and that they are now dealing with the county attorney. Attorney Zink then requested 60 additional days from the board. Tim McLeod made a motion to confirm the fine, the motion was seconded by Judith Tulacro and carried on the following roll call: David Nuby-yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes Richard Bettor-yes 8) Motion to Confirm Fine- 403-4286- William A. Galdorise & Michael J. Galdorise- 4911 SW 29`h Way Code Inspector Gary Phaneuf came forward was sworn in and gave the following testimony. He stated this is a motion to confirm fine and the property is still not in compliance as of this date; a building permit has not been issued. Building Official Kenneth Koch, having been previously sworn in, came forward and gave testimony that a permit application was applied for and rejected on June 18, 2002 and the owner removed the application from the department and never returned with the application and there has been no further contact. Mr. Koch stated that he took a look at it back on February 23 of this year and to date has not received a new application or issued permits for the work that was done. Chairman Bettor - Dania Beach Code Board Summary Minutes 3 July 6, 2004 years Mr. Belle decided to pay all the arrears on the mortgage, got a quit claim deed and brought the property into compliance. Attorney Dubow presented more pictures that show how the property looks today. He said that Mr. Belle became owner of the property six months prior to the compliance date and in those six months he turned the property around from the way it was to the way it is now. Mr. Dubow asked that the City levy a fine for their costs and ....this particular home owner for his initiative to bring this property into respectability. Judy Jensen made a motion to abate the fine to the City's cost of $1500 based on ors the fact that rt the neighbors improve their s a good thing for the City to see g p 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 201h Street. Judy Jensen seconded the motion and it carried on the following roll call: Judy Jensen - yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes David Nuby arrived. 7. Authorization to Foreclose- 02-3248 - Palm Beach Polo Holdings Inc. - 750 NE 7"' 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 swom 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 defendant60 days to comply or a fine a $100 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12/19/04 to 2/2/05 and they are requesting an extension of time from that date. Mr. Johnson recommended a 30 day extension from 2/2/05. Chairman Bettor asked if there was anyone representing Shree-Ram Motel. No one came forward. Judy Jensen made a motion to extend the case for 30 days from 2/2/05. Jimmy Peterman seconded the motion and it carried on the following roll call: David Nuby—yes Judy Jensen -yes Jimmy Peterman - yes Richard Bettor—yes Terrell McCombs-yes 9 Request for Extension — Case # 04-1041 - Shree-Ram Motel - W of 340 S Fed Hwy Chief Code Inspector William Johnson having been previously sworn came forward and asked for a 30 day extension. He stated that this case was first heard by the Board on 10/04/04 for two violations. The Board gave a final order giving the defendant 60 days to comply or a fine a of $150 per day would be levied. Compliance date was 12/19/04 and they came back before the Board on 1/3/05 for an extension. The Board granted a 45 day extension from 12.19.04 to 2/2/05 and they are requesting an extension of time from date. Mr. Johnson recommended a 30 day extension from 2/2/05. Judy Jensen made a motion to extend the case Dania Beach Code Board Summary Minutes 4 February 7, 2005 27) Authorization to Foreclose # 02-3248 Palm Beach Polo Holdings 750 NE 7 Ave Attorney Tim Ryan asked for a continuance because he said the defendant is working with the County Environmental Agency to get authorization for a limited number of docks. At that point they can come back to the Board for an abatement request. It was on motion of Judith Tulacro seconded by Jay Hamilton to grant a continuance of 30 days. The motion carried on the following roll call: Judy Jensen-ves Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 28) #04-1013 Robert Steven Adaway 225 SW 3 Terrace DANIA BEACH, FL Code Inspector Eric Baker, having been previously sworn in, came forward and explained this is a motion to confirm fine. Corrective Action was to be taken on or before 12/08/04. Reinspection on 5/9/05 revealed no corrective action had taken place. Chairman Bettor asked if there was anyone representing Robert Steven Adaway, but no one came forward. It was on motion of Judy Jensen, seconded by Tim McLeod that a motion to confirm the fine was granted. The motion had the following roll call: Judy Jensen-yes Terrell McCombs-yes Judith Tulacro-yes Jay Hamilton-yes Richard Bettor-yes 29) # 04-1141 Richard Mathiasen 4500 SW 34 Ave Dania Beach, FI 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 5/9i05 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 sworn in, came forward and explained that this is a motion to confirm fine. Corrective Action was to be taken on or before 10/28/04. A reinspection of the property on 5/9/05 revealed no corrective action had taken place; permits still have not been issued. It was on motion of Judith Tulacro Dania Beach Code Board Summary Minutes 13 May 9,2005 David Nuby- Yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Richard Bettor-yes 11) Request for Abatement 400-1410 Edith & Etsaida 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 402-3248 —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, Fl Dania Beach Code Board Summary Minutes 7 June 6,2005 d d d d y= � T ti d T T (TO T T T T C D T_O c m m m e m m d C C d d d k d w T C C C D D D m D m m m D 3 �'= C C C C T C T m M '` �= T T T O T O T w �= i= W '� m m m p m m m O m@ O O O O m d >. 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LAW OFFICES 3711 WHIPPLE AVE.,NW CANTON,OHIO 44718-2933 EDWARD 1.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-eom 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE244 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 5th, 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-Miles\pbholdings.510\02-3248\garcia-dwila 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 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 HEARNG with you. 2. If you have witnesses, books, receipt or other writings bearing on this alleged violation, bring them with you to the hearing. 3. If you wish to subpoena witnesses, see the Dania Beach Code Compliance Clerk, City Hall, 100 West Dania Beach Blvd., Dania Beach Florida without delay for assistance. 4. You may come to this hearing with or without an attorney. 5. Any person who decides to appeal any decision made by the Special Magistrate for Code Compliance with respect to any matter considered at this meeting or hearing will need a record of the proceedings, and for such purpose may need to insure that verbatim record of the evidence upon which the appear is to be based. 6. If you wish to schedule a reinspection by our department regarding the alleged violation, please call the Dania Beach Code Compliance Clerk, leave your name, phone number, and case number and an inspector will recheck the property for compliance. 7. In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons who, because of their disabilities, need special accommodations to participate in this proceeding should contact the Code Compliance Special Magistrate Clerk at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3646 not later than two business days prior to such proceeding. DATED at Dania Beach, Florida,this 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 W RIPPLE AVENUE N W. CANTON, OHIO 44918-2933 ,WARD 1. ZINK(1921-I996) Telephone,330)492-2225 *ADMITTED TO PRACTICE IN LARRY A-ZINK * Fax (330) 492-3956 FLORIDA E-MAILL. LAZOHIO@aol cam 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax 1954) 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. 7thAvenue, 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. L A. Zink, Esq. LAZ/mab Enclosures m-rfiles\pbloldings 6\510\dmabeacbdock\dania code enf board do, 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 7`n Avenue in the City of Dania Beach, Florida, 120-39 B Parcel A less E333 and less N 249 and less Dania Canal (#0235 17 0030). 2) On April 26, 2002, Palm Beach Polo Holdings Inc. applied to the Broward County Environmental Protection Department for a license and permit for docks and pilings for a certain property owned by Palm Beach Polo Holdings located at 750 NE 7"' Avenue in Dania Beach, Florida. 3) On September 19, 2003, the Dania Beach Code Enforcement Board issued a Final Order to bring the violation specified in said Final Order m-rfiles\pbholdingsS10102-3248\req abatement-fine rel-lien.doc 1 relating to a permit for docks on Polo Holdings property, into compliance on or before December 18, 2003 or pay a fine of$100.00 per day. 4) On January 22, 2004, the Board issued a Supplementary Order granting Palm Beach Polo Holdings request for extension of time for imposition of the fine until March 17, 2004. 5) The per diem fine of$100.00 per day commenced on March 17, 2004. 6) On January 31, 2005, the Broward County Environmental Protection Department made a Final Determination denying the request of Broward Yachts, Inc. for a license and permit for the Docks. 7) On February 7, 2005, Broward Yachts filed a Petition for Review of Final Administrative Determination by the Environmental Protection Department (EDP). 8) On March 30, 2006 a hearing was held before the Hearing Examiner on Broward Yachts Petition for Review of Final Determination. 3} On Play 23, 2006 the gearing 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-rfi1es\pbho1dings510\02-3248\req abatement-fine rel-lien.doc 2 Department filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 11) On June 14, 2006 G&G Marine, Inc. filed with the Hearing Examiner a Motion for Reconsideration of Final Order. 12) On June 23, 2006 Broward Yachts filed its Responses to the Motions of the Broward County Environment Protection Department and G&G Marine. 13) On June 23, 2006, the Hearing Examiner issued his Omnibus Order (Exhibit 2) granting in part and denying in part the Post Hearing Motions. In the Hearing Examiner's June 23, 2006 Omnibus Order the Hearing Examiner specifically found that: 1) Petitioner (Broward Yachts) has fulfilled its burden of showing that the EDP's decision was not supported by substantial competent evidence; and 2) Broward Yacht may maintain the five existing docks and repair and replace them. 14) On January 31, 2006, the current tenant at the subject property did obtain from the City of Dania Beach a building permit for docks and pilings, Permit No. B-06-0087. 15) On February 7, 2006, the City of Dania Beach did issue a partial final m-rfiles\pbholdings.510\02-3248\req abatement-fine rel-lien doc 3 on the Pen-nit 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, �! �l 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-rfileslpbholdings.510\02-324S Teq abatement-fine rel-1 ien.doc 4 Florida Office: 1198 Hillsboro Mile Suite 244 Hillsboro Beach, FL 33062 Telephone & Fax: (954) 428-3672 m-rfileslpbholdings.510\02-32481req 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 Jy4-� day of July, 2006 to: Timothy M. Ryan, Esq. Dania Beach City Attorney Ryan & Ryan 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Fax: 954-921-1247 Larry A. Zink, Esq. Florida Bar No. 0109592 m-rfiles\pbholdings.510\02-3248\req abatement-fine rel-lien.doe 6 BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY ENVIRON`N[ENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, v. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. FINAL ORDER This matter came before the Hearing Examiner on March 30, 2006, at the Government Center West location on Broward Yacht's Inc.'s ("Yachts") Petition for Review of an administrative decision denying a license and permit application to maintain several docks in an easement waterway abutting property owned by Palm Beach Polo Holdings, Inc. ("PB Holdings"). At the hearing, the Environmental Protection Department was represented by Michael Owens, Esquire, who presented the testimony of Julie Prawczyk, 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' rl�kib��@ 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 7t' 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 6u' 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 F'oridaPub 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 docks is quashed and the matter is remanded to the EPD to take appropriate action in accordance with the terms of this Final Order. Done and Ordered, on June 5, 2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq. Larry Zinc., Esq. 3 BEFORE THE HEARING EXAMINER FOR THE BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT ADMINISTRATIVE REVIEW NO: 05-02 BROWARD YACHTS, INC., Petitioner, V. BROWARD COUNTY ENVIRONMENTAL PROTECTION DEPARTMENT, Respondent. OMNIBUS ORDER GRANTING IN PART AND DENYING IN PART POST HEARING MOTIONS This matter came before the Hearing Examiner on Respondent, Broward County Environmental Protection Department's ("EPD") Motion for Reconsideration of Final Order and G&G Marine, Inc.'s ("G&G") Motion for Rehearing and/or Reconsideration, and the Hearing Examiner having reviewed both motions and the Petitioner's response thereto, it is ordered as follows: 1. The EPD argues that the Final Order entered in this matter was erroneous because the Hearing Examiner applied the wrong standard of review and burden of proof. If a decision made by the EPD is not supported by substantial competent evidence then the decision is arbitrary and capricious. The EPD seems to really be arguing that the hearsay evidence contained in G&G's attorney's letters are sufficient to establish that the docks present a safety hazard or adversely affect navigation. 2. To accept this argument would essentially place the administrative decision made by the EPD beyond meaningful review. If a neighboring property owner could file an objection in the administrative review process and then not appear at a hearing and make themselves available for cross examination, it would negate the need for an evidentiary hearing and would likely amount to a denial of due process. In essence, this is how the Hearing Examiner process differs from a petition for certiorari filed with the circuit court or district court. On certiorari, no evidence is taken and the appellate court simply determines whether the essential requirements of the law were observed based purely on the record established before the lower tribunal. 3. The Hearing Examiner has reviewed the evidence and is satisfied that the Petitioner has fulfilled its burden of showing that the EPD's decision was not supported by substantial competent evidence. See Etienne v. Muvico Theatres, Inc., 792 So. 2d 648 (Fla. 3rd DCA 2001). Therefore,the EPD's motion is denied. 4. G&G's motion's requests certain relief that is not inconsistent with the Final Order. Specifically, G&G requests that the Final Order prohibit the installation of additional docks and prohibit increasing the size of the existing docks. 5. The Hearing Examiner's decision rested in part on the fact that the docks were in place for many years and that there was no evidence presented that the docks caused a safety hazard or adversely affected navigation. However, it was certainly not the intent of the Hearing Examiner to authorize the installation or maintenance of additional docks, nor was it the intention of the Hearing Examiner to permit the Petitioner to expand the docks so that they protruded further into the waterway shared with G&G. 6. The Hearing Examiner viewed Petitioner's docks as being akin to a non- conforming use, which is permitted to continue to exist, but which may not be enlarged. Thus, this portion of G&G's motion has merit and is granted. Petitioner may maintain the 2 five existing docks and repair and replace them, but may not do so in a manner that causes any of the docks to protrude at a greater length or distance into the waterway. Additionally, Petitioner may not construct or maintain any docks other than the five existing docks. 7. G&G also requests that the Hearing Examiner prohibit the Petitioner from berthing yachts and large vessels. At the hearing, there was no evidence presented concerning such activity or its impact or potential impact upon G&G. To the extent G&G has this concern for future activities or operations, an application for an injunction in the court system is the correct avenue for relief, if warranted, rather than interjecting this issue into this proceeding after the final hearing has occurred. Thus, G&G's motion is j denied other than the relief granted in paragraph 6. Done and Ordered, on June 23, 2006. MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq. Larry Zinc., Esq. Michael Garcia,Esq. 3 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 1411' 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"', 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-rfiles\pbhcldings 510\02-3248\supp mem supp abatement& release_doc 1 the lien released. 1 . At least five docks were located on the property since June 29", 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 19'h, 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 24"', 2005, all of the docks were destroyed by Hurricane Wilma and no docks existed. 5. On December 13u', 2005, the tenant at Polo Holdings property submitted an application for General License for the docks (Appendix 3). 6. On January 6m, 2006, the Broward County Environmental Protection Department granted the request for a General License (Appendix 4). 7. On June 5th, 2006, the Final Order (Appendix 5) was issued by the Hearing Examiner for the Broward County Environmental Protection Department which Order specifically found that with regard to the April 26` , m-Miles\pbholdmgs-510\02-3248\wpp mein supp abatement& releasedoc z 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"', 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 Countv Environmental Protection Department wrongfully denied the license and permit applications submitted on April 26"', 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, LAry . Zink, Esq. Florida Bar No. 0109592 m-r51es\pblioldings.510\02-3248\supp mem supp abatement&release.doc 3 ZWK, ZINK & ZINK CO., L.P.A. Ohio Office: 3711 Whipple Ave., NW Canton, OH 44718-2933 Telephone: (330) 492-2225 Telefax: (330) 492-3956 Cell Phone: (330) 495-0171 Florida Office: 1198 Hillsboro Mile Suite 244 Hillsboro Beach, FL 33062 Telephone & Fax: (954) 428-3672 m-rfiles\pbholdings 510\02-3248\supp mem supp abatement&release_doc 4 vcaw: z[wc z:YK zKt �\ FPY HO_. 336�9]3956 e5-@S-B� 11@gk AFFIDAV,II'CrF CkiRISFOFFER DENIsoN v,, L S5: COIFAJ`i'Y OF no Mde"i8ncd, CWWPhat Dvrd-M boiag Fact duly rwom domes hm—by grate b=d vpa-,pcmWd ketnvled� and Mier thd fnllowEng: 1) Attached hereto as Exhibit 1 i$ a genuine, tnW and correct copy of a otxtain Cro@s-Uso Easement for Ingress and Egress dsmd Jtate 29, 1997 mmd recorded in the Sroward Cotmty Florida, Diytston of Records,O.R.B. 14904 pg. 165(The Easement), 2) As of June 29, i997, 1 was Pre&Ideret of Denison Marine Inc., the Greater of the Easement. 3) AA of Jima 29, 1487,there were Etvc(3)docks louated within the 2.W area referred to as she Pkree!11(Deni3art Mathre Property)as set forth in Exhibit H to the Easement 4) It was not the intent of the Parties to the Easement that the five docks described ill paragraph 3 above would be removed, and In fact, the Easemernr does not Provide for the removal of said docks at any tirtte. 5) From the date of the Easmol nt (]one 29, 1987) > m•ddcrlgbholQinBi 510tdcr[�ematRd[vlcwt+i 1 `� d 046E 63L b56 6a a pq 11 I� P@Oq. Z9Ha 21KK ZIK[ r9.1 SIE192Feac ea-at-ao live®A has appmamp.tsly a003, being a time pe6od of sixteen (I 6)yeerc, 1 am trot aware Of anyone, either orally or In wricmg, claiming that tha 5 dock& encroached on any provision of the Emcment_ Clrictcr�+ etuson STATE OF.5. COUNTY OF Y r 1 I hereby cmd)r that on this date, before me, personetly appeared CHRISTOPHER DENISON, who it pssanally JmDwn to nw or who provided proof of identificatmn and did trader nth sign the 1,DaS .ng affidavit. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at this S clay of May,20N. Fu61fe My camz i";on Expires: 9 �} --7 tj 'Thto tltkMmetl pc�rsred b1' 6USAN e i.any A.Zinc,Bquiro Nqury P eiu,eataetreLv,Vark ZDIY-ZM&I"M,LP,.A. . Qu angd in FSrhrpoco County _r� 3711 WtdppL Arc Kw. 24,2Q,W Cm AM M 44718-D,13 phmr. (330)492.MS Fix: (319)02.79% m-rfflct�pbAoldke`y.410`daiiwr4StCtdpriLwpt ' 2 f"d nLSF. 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I at,de,stand I.: y lu°•c to ptOvid^addii;o:aS ieomia -crdda.a'iaa :Pzy be r.Pr-c^^ary'9 sn-'w fiat iiic nropcscci i roject will cot-,Ply witG Saei aps 27-a31 th ougz 27-34e1,ti4cd Aquatic and Wct'.rnd Rcsovrx Protcciifln,of lb- - T#antral ltesoucc praiectib:.Cade. . i3- I. ;4oditiar.,I agree loprvvide mt,y Intheptajae Sjtc,S TirL'L DCtci3wil�"proDtTidcniif �liael'Ior.thcpurposefa rcy,—wmg the sits as cnvergo lay the scepc ti;5cc:,ors z7-33 i ih:ougli�7 341,c[[rd A.aua6e zt3d�2J^Etazad Zesr.urec . protect •a. - - � ,. _ C ;ur+dter.il;crebya:.Ys.nuied�11` oblagaticnandreptislo�l '�-Yr`abGvnge;}bftJt t.gz ��ac�t.,f;;.c..ra3,.attrl local peroliis befarc tbtiir2eturrlxic�t a1"eart"�ucfiGn�t7-v�tt_s. ,... D- S`.taeldihcinfu. alieaiy�;avir3rnctb:ZdCqua:eft:Lf. tiscts,Siusdcn-tz..dth:.ill-,,ci7epar�rnr.i.,not on.sgatcd,9 issue a comp,�bcisivc Cetnplctrncss Su.^iinz'y. - CERTI ICATIM I: Ice fy l;iaLdan;a a ihbc hsfo nalicn a lz ind7nf s,zpplicati¢a anu S.at to ilsc ae cu` my krawScdgc and beli 1 such iztformatioa is trvq complete aad aaa=tC I futJaPr car*ttu 2 po:scss ibt aaiho a:y . tovndemkeLrcprapasaiacti',tti�. Shavfd-aD?'F,PI~nv:r�t:1.a+CIF[esGur..eLieens�tr:gr>nted;Shercdyrcr'u5'��,�t • I vtiSi corFpl}��;th�gcPe�aJ and caccifa c93iditiacs cCtliai Lic�tss aaa iili'_4c praward G�Lsnly Nxturai Reso'�•ct'- , P-oic Coda(Ctrp ct�2'?,tk Na 91 U,es z.)cndcd.) Signatvra afA➢PU=,t. Date -Pre 5 Typed/PrimcdNameofApph;mt _ (uorpa ate 1-11aifapp'tcabtc) NotaTi ati'on: STATEO f era COUNT-Yo 3rit xJG+ �' j: ibe fc,egoir8 in5ttvlii L was acknoa lcdGcd brfa.. 1•:vtno is p =ynzlj3,k Vm tp snn DT4A'?h hzs prod Ced +^-S My cDt7L'nissior,cxpics: ?dwmc_ _ yo ary pi:h+ic Sistr of i7odda Tg v r _ l.on.ar:ricn luumtcr. s. .lY U.tif�IsS"tV CCB&119r I %1 '• S,•r AI-YJunI%�J1¢ r^s 1 G1 SECTION A ACOE.waprf s:u^. gib 'kppGcn l)5�_.. . Date r.FPG..eo_n ..ai✓e9: _.,._... rroL= 4r1GBCDlico tiv:_--� _.. . Fee.Re�eivnd $ _ Proposed.irr}e-t Long..;°,; �' ,Fee neceiptd rRR i't: P,-e any o;the act-v ''e desarlbed in t l' appiica`ion prep-sed tc occur in, 01, Of o._r i°re5s.b>or Huh s+lac V2` yes J� No �f I h sip. t-ni. sF f a L .4c�du y r,i....,..n .r ... vk....�i�cns, A c1�r.c Gi.y . RFPART2-, pe of Environmental ReaourM Permit Requested (check at!east one), See A tachmznt 2;off hoids and descriptions. taoGcad C-ere:a1-include infoaneion quested in Se,--itiori e. u Stanch,-d General(Single Family Dweiting)-lrieiuda info-marion<equested in Secflons C and D. Ct 'Standard General (at cLt' Standard General prcjac )-include i hfXnl-Don JeqUeStad 11 Sections C and E D individual(Singie Family Dwsiiing) -ir-etude infa,malion requested.-i .Secnzos C and D_ G ind vidual (all other 3zciurdue!pmniects)-include information requested in Se bDns.C and E. 9 m Cisnceptual include information requested in Sections C and E. 3d 0 h1ifigation Bank Permit(ca;rst.1t cfi4n)-include imbr:nation requested in Se son C and F. (if the proposed intimation basic invctyes the oonsf ucflon of a surface vraier 7rl3r3-0 rMmt (stem requiring another per7'st denned above, ch edk thW appropriate box and 5u5„a3 h a information iaques*d by Lhe applicable section.) L7 hfitlgation Sank(conceptual)-incude information requ Sled in Sec*aon C and F. B3 Type at activlty for whiJi you.are anp'ying(Cihcck at leas.one) G Con`truc`.ion or operati;:m of a new systern, other:F°an a solid wsste fac illy; fldcding dredging or fil Intl in, on or over wetlands and other surface H'alers. ❑ Conatrtiction,expansion or imodrfcaAbn of a solid waste fa-iilty. II Alteration at,operatton0 an existing system which was not previrxitsty pauni ted by a V&D or Dom. 0 3 7udSEcati3n of a system pravious y permitted by a V-44D or DEP.PMYIJe prevraus permit numbers. n Altaration nt a syslerr II Eolension of perm t du aHon D Abandonmerit of a system ❑Construction cf adldibonal phases of a system D Rernoval of a system C. Are you requesting aul�orization to use SG erg gn Submersed Lands. (See Section G.and Attachments for more information before ens --nog t is z{n sY on.} D. For aC.ivitiesin,On or 9ver wattands or other surface eaters, che--k type of _oral dredge_ and fit parr tit requested; 0 t7dvdual 0 Pfo9 anrrta5c General t3 G o 3 Na5onvtua m-ol nppiicabl E. Are You Chiming to qualify for an exemption? as 13 No If yes.provide rrre number if ii7 OWTL PagU. 7 of 5 i A.PART a. =N;.1'-to REiJ'�lc P--M'_f it G '1°R P.M; D!'NIE% co � tK t 1 � 1 1 fit J �`yJt1 } Jf1/1 u15o r� 7 c Fe yV r 3 rr Cf tll e. p 4J sw �1 C. AGE}[T.kUY7 Wkt7cn iCa CItE2E PE�..'dY. D.. CDNSiSLiA:n i'tF AFFERFW7�ROWACEkni rtl FG3. FISY Ste?-40�-7 PART 4(Please provide matrix ogzsivaent for fedarally funJed proj--cts): !Name of prejz4t, including phasa 1;applicabta . ��� rr,•�(ta I�ct� s E. is thSs application for part of a MIC-phrase pr4ect7 €7 Yes PE40 G: Tow appti a l h rid area contguous to fhe prajecb - ac_; ha_ D. Total area served by the system Imperious area for Whioh a perrnif fs saugh� ac.; ha. P- Votums of water that the system Is capable of Impoundng: aw#t.; m G- What is',he total area of r pork in,an,or aver wetlands or other sUr ace waters? h�_ 5 3 5 Tv sq. r})- � aq.fL H, Total volume of material:to be dredged: Yam: rr' j- hfu r bar of rtew boat slips proposed:L I Wet slips; dry sops, P3 Z 2 Oi 5 I a. r =ct iecakn ( ..e ad tb�),.' sheets if rceued �ECIIGn(Sl Taumship P.a••.^,a, , —bo, {$' Tc ship s S !uree Z se%:onisq) _ TOwns7 hlr^. Range � Land Grant name, i7 appiicrabie Tax Parcel idenUFic bon Number �° 2 �' 7 f 1 v C Z<7 Ducataddr a a aft r3FothsriD aflnr1 -1'C) l''��r_,.. ht 1. Zr IC deV=rr'fe�aNe '�`\. ,n t•, t�0�.:,f'� .'`� YY PART F: Gesc ibe in gener3l/terms the proposed project, sysien, or activity. Page 3 a3 5 �ni' G.LSo J ',y PART 7: A. it lher_ �ava2 een 3iy yi2-��Cli..�n n i7YL'c iLn y'> I°C �Iny Cn Slte l'192tG"iCS, unite re�ltl�{:'} �I T?."� . l C, 65_ .:2. Ems, 3. Pie=se 3d nffy by nuril7er aTiy fJi55NA,'etlznd reseurc+r"E2P'AGOE Permits penrc g „Sued o pi6jc S ai emmiC5,ner7 o:JoCS. <gar+cy Ddte No i7ype of Appricatiol Action Taken Mol e: Tt�a io'Irnvng informalion is r>ouired for proia is DmD s<+d m ncrur ii. ono ever v�tlands ii o i Teed a fade,I areCoe and T15 oarrnF or an aithonzatlor to use steie owned s_b etoed 13nd: Please prcvioe. e names addresses and zip cz�d es of properly owners whose pmpe.r'y irectly ady�ns the p cyect(e cludiarg appE a:t)and/o, ft� a;c p , tart'aul,or�apan ) s Ixaied whin a 5DO iL radius of°,he apolicdnt's land Please aitac-h.-a plan view showing the o\vneT's names acid arieinine prep '±y lines_ PSta:hadd-6c';2T sheets it ne ee _=ry. 1! Z 3. �. 5, 6. f. 8. page 4 of 5 r 7. ft„S'stfc tirN ha.'.t. By 7r P71 QO hr .1�• .}.,.'�I .Cr +l + 3"'� 2�✓jf 3, f,,r '-1 '�„ 7} r ll'.r : t ':1 n T l:.;cilY z• ilie D2rrndt odd any puN:,etarll n1lr}'Drlcc i77nS 1rlenL°u_d ar,LVre, cccC?rdnc to i`7e s�rf'po t7ng Fula end C`,hcr irlc�dental. Iafo"ma-;on filed M.1?:^,. ii`i 5 B�p11C3tiC[l. al-,' f T% cr g::„1'11uie f aO,. ,cilJil CDMained in this L. ?Dy! C 'r - 8nd re�JrES'E•Rt t}'aI Kt:C i 11 Qi{i7.'ailDl I? 1ru"3 cc cMDlean and at"Ur3te. 1 U'3-dE tDr)d Lhi5 is ur+ app CBt6r, and .not a C{errnit, and that �,vork prior to approval is a violation.. I +undwstand that this BD,n ;aatfDn and any Pe'mit :ss'!ed or pr`�pr,etery' au,h:c, 1cct,arl 1;VL+cd p,,T c;.tnt U'rereto, does not relieve nee of any fot obtaining arty other raq�ui,ed fedaral, state, water management district or loca{ pert,rt p`icr to commance:nant of cons uct,on. { agree, or I agree or) behcif of the applicant, to operate a d maintain the permitted systarn unless the permitting agency dutfmriz=_s transfer of the perrnir to a respon_iode operation entity: 1 understar,:d that knowi:ngr1/ aekino ariv raise star-men! nr sepres� ,c-n ,o h s apaliceti�on is a uioiation of Section. 373,430, F.S. and I U.S-C. Sec ion 1001. Tye tin*ed Na no of Applicant (if no,rAeent is used) or ApQnt (it one is ca authorized balowl ell Signature of Applicent!An.-Prit p ('-orporata Title if applicable) AN AGENT MAY SIGN ABOVE ONLY IF THE APPLICANT COMPLETES THE FOLL r?At NGt 3, 1 hereby designate and authorize the a'.pent listed abovf to act oil my bal;alf, or on :3flitaif of my Corporation;.as the agent in the pracessing�of this.application far the permit and UT proprietpry authan4alion irldicated above; and to furnish,on request, supplemenm; tnformatiron in support of t.`te application, In addition, f authorize the above-Iisied agentto bind me;or my corporation, to petform any requirement which may be necessary 0 procure the pennit, or indicated obcve.. i u rsrlerstand that kno)v ng}y making any false statement of repre enfatloti in tilts application is. a v+ofot c•r: of Section 273.430, F.S. and 18,US.C, Section 1001 r a r r e Typed/Pnnmd Nam, eof Applicant 3 S?gnatureof�Applicant t, Data (Corporate Tice if applicable} ptces-naLe•-r'hj,ppWlcar("s tri.a n.nf s'onztura tn�t a coavl is rzb d C3 PERSON AUTHORIZING ACCESS TO THE €ROPERTY MUST COMPLETE THE FO OMNG` C. I either Orin the property described in this application or f 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.per5onnrl from the Department of En vironmental Protection; tha Ytiatcr Management District and tf=e U.S. Array Carps of Engineers necessary for the review and inspection of the proposed project specified in this application. I authorize these agents or personnel to enter the property as many times as may tie necessary to make such re%4ew and inspecttort. Further, f a_vree to provide entry.n to the prefect site for such agents or.personnel to monitor permitted vv'ork if a permit r granted. Typed/Printed Name Signature Da.e'' (Corporate Title if appftab€e). _-- Page 5 ei 5 t zN7 "n't iu "Av�-�\�v^ ✓� mow_ I w i4 ✓t� ,E i c n �� "r \ZK .RuDry �II SEk'k c 16 , of I� 1� Ch F COP az 8 r n n�La�N • t ever b F.tF'Yan1Wa� 4�QFI;lWS T-_I 1 Y_,a Yf gal SPn E ✓.- h3 11 ttn ._� - - 43 24 s.�LrscsL z aeon 17 C 11� � r_ . 25 � y r=� I W+D.YA@a 4104 19 DANIA All E-4 r] a�S An�pE"1IDE11QA Dk£ PIFq[t 'ti i ANfA'.�"SEA -j#� - ' Y - Gu 2 "r,,]k 22 Y 7- y^"x ..a '7 s kn z sfu.Y No ;- F w f i` t 5 L e "TMEro, � n n .ems 'f 3 all E sq �srr3:%r•i:Y3 i1bM.-T�r j .> >,x^nsd�? sY.y r'% 55 S:nd 11�^ a^ Lt�trz�u.J•ra.�ia mtt.xc J ., a f �e i x r4 f i ! r ✓ C t �� J 4 �c, t] F \ � U� 3Lil r E x 91 it t 1 j , T, T—. . . . { � � \ 1 \ 4 » \ . e = w > 9J �� . [ \ • � \ � 2z ��\ � �� �\ � § . > ` 6 � » /Ilk - » Ali l C � ! � }y ill \ \� \ { ! � . MITto to . w % . . e . . }'s �y _ ?�cY p c f� 79 I c a �Q ^f x c ll � ' APPLICATION FOR AIN EN vucOhiviENTAL RESOURCE GENERAL LICENSE 0 0 v AanGcatioa Fee $ 75.00 e c' please sew er: Make Check pavabti-w. Li Eavironmental Protection Department(EPD) Broward County Board of Biological Resources Division County Commissioners UJ Ui 218 Sw First Avenue p Fort lauderdale,Florida 33301 ation with the application will help ensure timely processing and is nec scar for The submittal of the following inform 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 clearly depicting the existiag conditions. Please be sure allover water structures are • . Photographs of existing condlions,if possible(to be kepi by EPD); clearly labeled with the dimensions • A location 1 street map with the project site identified; • Proof of ownership or sufficient interest in the project property; • Plan view and cross-sectional drawings showing the proposed.project to include: _ accurate dimension of length and width for all structures over water (seawall cap,docks,boardwalks, boatlifts,floating docks,eta) - 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,ovsters,etc.) communities; • If maintenance dredging is proposed,please provide: - documentation of original dredged depth - plan view of dredging location, with approximate dimensions - Toss-sectional drawings depicting historical,existing and proposed conditions with elevations labeled. - amount of material to be removed(in cubic yards); and, • if the proposed project will be constructed on property owned by a homeowners or ccndouunium association, a letter from the association approving the project is required. ll U C-� > ]. Authorized Agent: ' Street: �' n State: �L Zip-. City: v Fax: Telephone: _ Q L0 �fa�'���'!— Email: T p X C.ct,ERgL i•'�9f✓R E� � �Y 2. Property OwnerNarne: /3� av'RR�7 dl'IAR.tn'C Street: 7r 14y �� State: F4 Zip: �7 d0 � City: Fax: q — !ta7— k—3 00 Telephone: _ y5-4- 9a5 $//p Fxi i05 3. Location of proposed work Folio # (if lrnown):h: �VeJ'l� Street: ?� ?�� Zip: �-3not+ State: �L :p City: 1 ' 4. Description of proposed work (check all applicable items) Section 27d36(a)(i) (a)The repair or replacement of e,isting functional docks,provided that no additiorSalwatemwd fill is used and the new or repaired dock is not enlarged beyond a total of 500 square feet over-water surface area for the new and existing structure APPLICAT CN ECR Al r EN VTR ENTA-L RESOURCE GENERAL LICEN'S=. ] (b)The repair, maintenance, or restoration of existing functional seawalls no more than one foot waterward of their original authorized location. (c)The relocation approved n within an already roved right-of-way, repair or maintenance of existing utility transmission or ( ] distribution lines and associated adjacent facilities required to effect the repair. ] (d)New lake or pond excavation of less than 2 aces,but equal to or greater than I acre,that are not connected with and do not exchange water with any other surface water body of wetland,except by means of a permitted overflow structure. t ] (e) The installation of private, noncommercial docks of 500 square feet or less over water surface area, where no dredging or filling is required except to install the pilings. ] (f)Projects which are within isolated wetlands or lakes and/or otherwise,in the opinion of EPD,wi?I not significantly degrade the environment(boatluts,mooring pilings, etc.) ] (g)Proposed or existing rock quarry excavations (please see Section 27-336(a)(1J for additional information) ] (h)The construction,repair,maintenance or operation of any permitted storm water control/treatment structure when not exempt pursuant to 62-340.700 F.A.C. as amended- ( ] (i)The one time dredging of 20 cubicyards or less of sediment from isolated lakes or ponds and residential minas,with no seagrasses within the project site, where the sediment is removed from the waterway and deposited on a self- contained upland site. ( ] 0)The installation of natural limerock rip-rap at the waterward face of an existing vertical bulkhead provided that the rip-rap is clean and free of debris, that no seagrasses are covered by the rip-rap, that no dredging or other filling is conducted and that the rip-rap is placed at a slope no steeper that 2H:1V and that no interference to other riparian property rights or navigation occurs. ] (k) The repair or replacement of existing functional headwalls, pipes, culverts provided that they are otherwise in compliance with the code and are in artificially created waterways which discharge water for stormwater run off. The pipes must be replaced in the original size and configuration and all elevations must be the same as thepre-replacement condition. All water quality protection features must be utilized and the rerouting of water bodies is not authorized by this General License except by pumps, pipes or cofferdams.Wetland areas may NOT be impacted by the activity. ( ] (1)The installation of utility or transmission :roes laid on or embedded in the substrate provided that no dredging or filling is required and that no seagrasses or significant benthic cos,munities will be affected by the activity. [ ) (m)Existing comme:-cial 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) ] FIARIDA DEPARTMENT OF TRANSPORTATION -m nor works within FDOT rights of way See Section 27-336(a)(3) for additional guidelines. - 2 - APPLICA'PION FOR AN ENVIRONMENTAL RESOURCE GENERAL LICENSE S. Mangrove alteration and certain types of trimming activities require an Environmental Resource License pursuant to Sew 27-332 of the Broward County Code and Section 403.9321 Florida Statute. The General License does not authorize any mangrove alteration activities. ? e there mangroves on .tea. e s [ J No [�41 Will this work require mangrove alteration or trimming? Yes [ J No [�J 6, p-re there any natural aquatic or submerged resources in the construction area? Yes [ ] No Natural aquatic resources includes seagrasses, oysters, etc. Per Section 27-58(b)(9), "The licensee, by acceptance of this license, specifically agrees to atlow access and shall allow access to the licensed source, activity, or facility at times to EPD personnel for the purposes of inspection and testing to determine compliance with this license and this chapter." Signature r�' ` tr Date Date Sign ure of Agent Wetlands Resources Approval Date Rev:12/13/04 C\Dorumen¢and SUtingv\IsundcdxndLL.ICENSES\Gcneral.doc - _ j - � M.7Al/�WfINJJv'L�-�vJt- ING vxv.:nrltefue o. PORE LAvaaM> m I facet 33002C L20. pa—ere, 39. B.C.R. I 1 I yC ey ML1/(xel%Frmi'6-'o'a 1 I � c R. ran+vrsav trots) I I c. cE ekl FI I I " : I i r — 5 Bv59r.Y T F Cd 66 �Bt �- �_ _� _� `—•` _L - ter' ItYITp� I� 1 i fkTAd o i .. .. � ..r 1� •' i i i fail , 4 — 1 I ---_--- � npb'on ` •U � re e 1 _mod___ rmr a✓w`��+ __ t ___ W Or a Mr• �.eJ[aln�h Sv S Inl �r yy �.a _ � N •J"L Y_ 111� — 9 a _C.. 11 e.�ra rnc.w �i . ¢ 111 i�'v_N BP v7Y L ffi>0 MCAVGMIN ENc/n wc(.TiM'AM' Orrlec'� r w.wa ®r e F! 146"A" (04) LLJ o� zsE 3 ,.�r,svosa rt •O6 •2 �/�,r�1 7V ✓./ �'.�i.1�fn✓ VJI�YQ LLT a. Q � p p a w � O i a a w _ Cn y � a � HV i 'I I o0�1 ' •F _ li'- O Oast+Joo5 ':E o�odd��, � � � w�a•a -c R 9 BBB V�Wi o���oo II Cd f iI afi CL- 1 � vH ds , r H d s r I td li n aim � IbHCSY� � � � ✓HdSY I i I �I 9 4 • �� k\\! . \\ (� \!f � � n � s \ EhJVIEGNP,REWTAL PPOTECTIO'J 6EP?.,'T%ttEWd —Biologice+Rexrures ��r_=ion Ilse*lino Add'e si 1 5 3nulh h.- m,A,sru, Roo Elo- ;>�1 Mac !V`icLaul,Ohiii i Broward Marine. Inc. 7501.1E Avenuo Dania Beach, FL 33004 2e: Bruwlt;d AZarineii50 vE 7`h t vent.e EPD general License lNu. GL-DAN'0512-i;29 Deis?:!r.1e5cL_uah!in: thhis latter is to inform Sau that.,✓our request for a G rerrtl Lion r e has been tent;.-c?. U i :al ! ;, use 1`: i GL- DAN0512-029 auth_ri-es the nsta.Ilati:,l of ien t!i JI:[L,s :ur9 ,I Vtrlue, in tix Ciry of Dania Bench. Enciosed please fund a descr:p!ion and drrn,iug et the propo_ed actk r cs datrd January 6. 2()96 6, !fie Deper[rrient. A o..pti• n'the Incense must be on-site djrirg the parfo=. D cd of au It :_d 11,1 license does not constitute a waiver or approval of any other license. arlproval- or rcgu!aten requirement by this or any other agency that may be required. T1Jis license does not com e) to he licensee or create in the Hccasee an,, or an-� interest in ree}props,y, nor does it auihor:ze any enLtuxa upon or ergs ihcs on property which is no' o%T ned or conu'ulird by Cr licensee. A person r00o e substantial interests are afCacted by the Deptutment's actionrnay petition for ant ad r.inis5au�e re%jets urdcr Section 37 15 of the Piow rd Count, Codu of Ondmances. The pe iaj�. mL!-i the infomaation described in 27-15(f) and shall be filed ""Ithin Icn (10) dais of t1le final agency action. if you have am qucsvnas, please contact: it at (954 =19-1228. sincerely, Kent Edwards, hltuiager WetfairdsjUplands Resources sectio❑ enclosures Glenn Straub.Patin Bcach Po I loldinns. Ins. Steve Ganoe, G &G klamne, inc.. Larry Zinlc, Esq.,Zink,Zink&Zink, Co.. L.P.A. Glenn Smitlt, Esq.,Ruden MCClAs y Allan R. Kelley, Esq., Futi'ler tVhite Burnet, P.A. Sicve Tilbrook,Esq_, Shutts & Bossesi,LLP George 1. Platt, Esq_, Shutts & Bowen,LLP Micheel Ocdens, Broward Courry A;t-treys O:TIce Browa+d County BHrh f County commsionrrs usephu5 FiJoellet�en. Ir Ran Grabe S,n 6 altlwger-K¢sun U Jacobs-Iler,L.lb,,.�-John E RodLtro,.Jr. Jm,5 ,t-D,a a V 3s-Finan-Bubb L-s We:.`a wvnid_urc,,ard org FMr-'n Mac h1cLargM-i j�n; �iaughfnr nrr .a`^ ne cor.j Sere: Tl-ursday, January C^, 20c6 3'41 Paj To: Kravrczyr., Joiie tee; tilerCthachapps;lgtrju:-.oc'1 Subject: Broward fJarineapaPr°e�nit. !fi Juiie, P--irsuant t0 y=our prey OUS aMz,'li, ctTact;ed h i'P m`ciiect dl escrv4 rr'of repat S t0 .�,dd.9 En. 'n3 F4rrnm _d -,fig rime g11e F- miect Dascrpt/on AU unauthorized structures, both pilings and docks, eitherhave been or uX t e, removed fr..m the project area. This license only authorizes the installairon of pilings and aluminum ramps/,'loati,ng docks, as sho+vn on the attached drawing, to create 10 boat slips for mooring. From nosh to south; the stnictcres shall be as fDi!,ws. �) 5 x 13.5'aluminum ramp and h✓o 24"steel pilings, one located app oximatsly&5' and one 135' from t^e buikbead. (2) 5'x 20'aluminum ramp and two 24"steef pilings, cm? located apprc.xrmately 65'and one 135' from the bulkhead. (3) 5 x 18'aiumir!um ramp and b.,vo 24"steel pilings, one located approxirnately 75' and one 150' ,'rem the bulkhead. (4) 5'x 15'aluminum tamp and two 24"steel pilings, one located approximately 75'and one 150' from, the bulkhead. (5) 5'x 15'aluminum ramp and MO 24"steel pilings, one located approximately 35'and coe 75'from the bulkhead. This is all as indicated on the sealed drawings submitted by McLaugh.iin Engineering. Should you need anything else, please advise. Mac R. C. "?v?ac" mcLaughlin Chief Financiai Officer Broward Marine 750 EVE 7th Avznue Dania Beach,FL330D4 P: 954925.8118 x L24 -a� r T 954.927.4200 V IPtir �>'7 C. 454.232,HQ 4 i/ /2006 BROWARD MARINE January 9, 2006 VIA HAND DELIVERY Mr. Laurence Leeds. AICP Director City of Dania Beach Department of Cormnunity Development 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: Broward Marine Docks I Dear r, 1 ePdS; Pursuant to our phone conversation of last week I have enclosed two original sets of dock plans, stamped by Broward County Environmental Protection Department("DPEP"). I have also enclosed a drawing, for discussion purposes only, which I believe will aid in clearly understanding the limited scope of this project. On or about March 8, 2005 Broward Marine purchased all of the assets of Broward Yachts, Inc. (a non-related company). At the time of the purchase there were five (5) floating "finger pier" docks. These are the docks shown on the surveys. As a result of Hurricane Wilma four (4) of the piers no longer exist, and the fifth has been greatly reduced in size. This fifth dock will be removed in its entirety as part of the emergency repair permit. In order to expedite the emergency repairs permit process and also to address the extensive concerns of DPEP,Broward Marine has agreed to the installation of only ten (10) 24" inch diameter steel pilings, as indicated on the drawings, and some small ancillary ramps and walkways, as described in attached DPEP letter. There will be NO major dock construction at this time. We will proceed to permit, in due course and at a later date, our final dock configuration. This present application is only for emergency repairs to make our boat basin useable. All of work shown on the attached drawings will be in the Broward Marine boat basin adjacent to the Dania Cut Off Canal. The submerged lands are privately owned and not state owned. Nothing is being done in the Dania Cut Off Canal or on state owned submerged lands. Built in America, Admired around the world since 1948. 750 NE 7th Avenue, Dania Beach, FL 33004 www.brewardmar;ne.corn Phone.954.925 8118•Fax 954.927.42DD Our CO,tiirflCTUi, An Vance, o-Rc.i1C(: QOn StT'.1A011; > ,. 1 be tl ll f 3 Wtlu I]✓ p/;:rPlil application with the City o1 i)arua fiac rhrnt!y. f would request that 'ou c r ulawhe attached draming Or slaf reAus and input, bi urdtr to expcage din pcm pit applicat.on review process. Thank VOII for your continuing co-operation 117 i!1is maii.cr. 3r^cere'y- BKOWARD MARINE By: Ucf.aughIiii Chief Financial Officer rnmcinugh'.n,cilhro uardmar ne,eotrt 954.925.3118 exc. 124 End. BE—or :tiE�A?7N0 ExA.lv��.c t FOR T ti B2D41A£� CQL fTY ADhENISiRiTTVE R.rVroW NO: 05-OZ 3ROWA.F.D YP.CHTS, 2C, i-e5oonar, � v BROWARD COUNTY ENVT120N I I[.4L PROTECT1OT4 DEPP3 Tlvt.FN'T, Respondent, FUvAL ORDER T,nis marten earns before the Hearing Examiner en March S0, 2006, at the Govemrnent Center West location on Broward Yac6t's lnc.'s ("Yachts") I'DlitiOr for Review of an adtninistrativa decision den}ing a lican;e end penal( aplrlication to naintain several docks in an easement waterway abutting property ocned by Palm Beach Polo Holdings, Inc. (11P3 Holdings"). A.t the henring, Lbe Environmental p ctection Department was represented by hTchael Owens, Hsquira, who presented the t,,stimany of Julie Krawczyk,Natwal Resource Specialist K. The Petitioner was represcnird by La_=ry Zink, Esquire, who presented trite testimony of Glenn Snaubb, tue President of Palm Beach Holdings, roc, Also in attendance at the hearine was Steven Game,President. of G&G Marine,Inc, ("G&G'�l ' in the admintsuat!ve process, G&G, by wo),of a letter from its lawyers, objected to p^mioing the docks to remain.Notice of the hearing was published in the Sun-Seminal on March 19,2D66 and Murch 26,2D06, and on March 14, 2006, counsel for the Pe66aner ditigentiy attached the nodce of hearing and sent it to G&G's attorneys, by e-mail. Ganoe presumptively appcucci nL the hearing because he received mice through one of these chazncls. However, G&G apparently shado a tactical decision not u, have Gmoo testify or to support its objections with evidence.This essentially left the EPD end its fine counsel wl',h no evidence to suppot G&.G's objections other than the hearsay ov'¢lence contained In G&.G's lawyors' l w _ I FINDN!CS Or tACT The pertinent facts S,=ottnding this proceeding are Iargety rndis n +ed. ?r.1J,xy 5, 2002, the Bmward county finv:roamental Protection Depa:trierit ('BPM, iss ed Warning Notice No: WRN02-0125, b Yachts, a then tcnant on the properly, and PB r t' g ;;s and nstz l rg piling =_t 750 rlold ngs, the owner of the 1) peaty, _or con uc m doe 1VE 7'i Avenue in the City of Dania Beach, without first obtairng an FzVironinu—y'1 i Resource License. As corrective action for the alleged violation, the warring notice I required that Yachts and PB Holdings apply for an after-the-feet Ilecnse to maintain the docks and pilings. Yachts submitted applications for F-nviromicrtal Resource License No: DP03- i 1121 and> nvironsnental?ermit Application No: 06-0194386-051 to enable it Io maintain multiple docks in the easement water-way. The petitioner offered late evidence photographs of the easement waterway showing That the docks have been in substantially the same area since Jnnuary of 1985. WHIe the FF�D argued that the docks uera facing slightly different angles in the photographs and that there was pethaps some discrepancy in the apphraiion submitted by Petitioner, the bottom IL1e is that these docks in some shape or form have existed in this area for over twenty one years and have beisn 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 wthdrew its objection when the Petitioner agreed to remove a proposed P floating dock �Iom its letters. Although hearaay evidonce h adtnissiblo In an administrative hearing to corroborate or explain other evidence, it may, not ba used to support a finding not otherwise supported by oompotont subsLcuirial evldmce, 5pieer V. Metropolitan Dade County 459 So.2d 792 (Pia. 3d DCA 1954)i Pasco N-ntv SCII001 Bd_v Florida Pub EmoloYeeS ReleGons COMM'a 553 Sold lOB (—r)a. 1st DCA 197), 2 i application. The cr teria to ba used i;t determining whether a cease should be '7un:ed ar e foy,ncd in ,Section 27-337 of the Bro,Vmod County Code. The only relevant o,2ndard to this proceeding found is that Section is Subsection (a)(1), whether the docks will adversely affect public sefoty or welfare or the praperty of others. No evidence was presented tliat the docks, which hav a been in existence at the location since 1485, bave i ever caused as eccideut or that they itztpede G&O's reasonable use of w:, easement. Moreover, while the EPD does have the riEht to regulate these docks End the navigable water upon which taro docks rest, the easement=a is not generally travcled by the public and bore or less serves as an entrance to only two businesses, G&G and that of the i Eedtioner. CONCLUSIONS OF LACJ The Hearing Examiner finds that no substantial competent evidence was presented that would support or wa=t the denial of the license and pennit sought by the Petitioner to maintain its existing docks. The administrative decision denying ,he license/permit to maintain the docks is quashed and the matter is remanded to the EPD to take appropriate action in accordance with the terms of this Final Order. Done and Ordered, on June 5, 2000" MARK GOLDSTEIN HEARING EXAMINER Copies to: Michael Owens, Esq_ Larry Zinc., Esq. 3 a � COON TY ENVIRONMENTAL PROTECTION DEPARTMENT—5iologi; l Resour;es Division Melling Address: 1 Nc-!h University Drive, Sch= 301,2;arnzdon,-Florida 33324 354519-123D•FAX 954-519-1412 NOTICE OF INTENT To ISSUE ENVIRONMENTAL RESOURCE PERA'ITI' &c LICENSE In the Matter of an Application for Permit and Water Quality Certification by APPLICANT: Palm Beach Polo holdings,Inc. 11199 Polo Club Road Wellington,FL 334I4 PROJECT: Broward Yachts Marine Facility Permit No. 0 6-0 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 Chapter27,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 of compliance with state water quality standards oumuant to section 401 of the Clean Water Act,33 U.S.C. 1341. Where applicable, issuance of the Environmental Resource Permit also constitutes a find ing of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act. 1. DESCRIPTION OF THE PROPOSED ACTIVITY The proposed project is to construct five(5)floating fmger piers in an existing privately-owned marina basin. From north to south, the finger piers shall have the following sizes:(I)7.5-foot-wide by 128-foot longL-shaped pier with a 4-foot-wide by 12-foot-long aluminum ramp;(2)7.5-foot-wide by 128-foot-long pier with a 4-foot- wide by 12-foot-long aluminum ramp; (3) 7.5-foot-wide by 128-foot-Long pier with a 4-foot-wide by 12-foot- long aluminum ramp; (4) 7.5-foot-wide by 144-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-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 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 Th Avenue(Folio No. 504235170010) and the Dania Cut-off Canal, in the Broward County Board of County Commissioners Josepnus EgullebDa Jr.-Ben Grebe_-Sue Gunzburger.Kls!ln D.Jambs•Ilene Llebeman•John E Rodslmm.Jr. I Jim watt•Diana Wasserman-Rubin-Lois Weiler www.6roward.org e a ittee'Liceosee:Palm Beach Peio Holdings, T-- Permit No, 06-0 L943,P6-001 License No. DF03-1121 Paoe 2 of 7 City cfDania Beach,Class III Waters, Section 35 Township 50 South Range 42 East. II. At7IHOIITTY FOR REVIEW Pursuant to operating agreements executed between the Florida Department of Environmental Protection,the Broward County Environmental Protection Department and the South Florida Water Management Dist;icr as Outlined in a document entitled `relegation Agreement Among the Florida Department of Environmental Protection, the South Florida Water Management Distict, 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 Lice nse and Permit for the docks. On April 26,2002,the Department received an application for the structures. During the processing of the application, several letters of objection to the project were received. On May 6, 2002, the Department received a letter from the Port Everglades Harbor Pilots' Association which objected to the pilings and forger 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. un 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 on regulated waters of the County. Specifically,the Department requested reasonable assurance that the proposed docks will not negatively affect navigation and safety, nor violate the Cross-Use Easement for Ingress and Egress recorded in the Official Records Book 24904,Page 165,of the Public Records ofBroward County. The Department granted several extensions to allow the applicant to provide the requested information On January,in f 2005, the application was denied pursuant t information. o Section 27-55(d)(4), for failure to Submit the requested On February 7,2005,the Department received aPetition for Review of£inal Administrative Determination in response to the denial. On March, 11,2005, the Department sent a letter to the applicant that the denial had been upheld by the Department Director. On March 30,2006,an Administrative Review Hearing was held to determine if the Department was warranted in denying the license and permit applications. In a Final Order, dated June 5, 2006, the Hearing Examiner stated that no substantial competent evidence was present which supported the denial of the license and permit applications. Therefore,the administrative decision to deny 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'erruiuee/Licensee: Palm Beach Polo Hcldires. Inc. Per^ti1 No. 16-0'943'06-001 License No.DF03-1121 Page 3 of 7 secondary, and cumulative impacts; will cor*tpty with the provisions of Part N of Chapter 373, F.S., and the rules adopted thereunder, inctudingthe Conditions for Issuance or Additional Condition; for of an environmental resource permit;pursuant to Part IV of Chapter 373, F_S.,Chapters 62-330,and Sections 40E- 4.301 and 40E-4.302,F.A-C.This project meets the presumptive water quality criteria of the SFWIM,s Basis of Review. The consttrction 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. IV. PUBLICAMON OF NOTICE The Broward County Environmental Protection Department has determined that the proposed activity,because of its size,potential effect on the environment or the public,controversial nature,or location,is likely to have a heightened public concern or likelihood of request for administrative proceedings.Under section 403.815 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 Perrot 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 gene-at circulation in the area affected" means publication in a newspaper meeting the requirements of sections 50.011 and 50.031 of the Florida Statutes in the county where the activity is to take place.Where there is more than one newspaper of general circulation in the county,the newspaper used should be one with significant circulation in the area that may be affected by the permit If you are uncertain that anewspapermeets these requirements,please contact the EPD at the address or telephone number listed below. The anplicant 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: 06-0 1943 96-00 1 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 circulation and to provide proof of such publication in accordance with section 50.051 of the Florida Statutes. This action is final and effective on the date filed unless a sufficient petition for an administrative hearing is timely filed under sections 120.569 and 120.57 of the Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to issue automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order ofBroward County. When proof of publication is provided, if required by this intent,and if sufficient petition is not timely filed, the permit,No. 06-0194386-001, and license, No. DF03-1121, will be r nuii u1 c1 ctu '.i.0 ---i�", w t'S, 1➢C. Pema No. G6-6 i 943 86-301 License No. DF03-1121 Page 4 of 7 ecxzcuted. Baca"se an"edmi_nlstrative-(-rearing II12y result in the nn-larsal or substantial moi flcaii7n of,"is 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: 06-019439"01, has been executed and delivered. A person whose substantial interests are affected by Broward County Environmental Protection Department (EPD) action regarding permit No: 06-0 1 943 86-001 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 role 62-110.I06(4)of the Florida Administrative Code,a person whose substantial interests are affected by EPD action may also request an extension of time to file a petition for an administrative hearing. EPD may, for good cause shown,grant the request for an extension of time. Requests for extension of time must be filed with the Enforcement Administration at i N. University Drive, Suite 307, Plantation, FL 33324, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. if a request is filed late, EPD may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect If a timely and sufficient petition for an administrative hearing is filed,other persons whose substantial iuteresE3 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 Lhe 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 28-106.11!(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, mast 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 of such 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 }:Hawn; (b) T'he 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 C CIII IJ LtLG i.u.c.un'.....1 �<wi � .a .... ... .. ..........dui ....... PC;,=Mi iV c.GJ-01SY30 V_V V 1 Liceese No. DF03-i121 Page 5 of 7 be affected �y-t5e agency deterrii a�on; (c) A statement of when and how &'c petitioner received notice of the agency decision; (6) A statement of all disputed issues of material fact If there are :tone, '-he 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 efthe agency's proposed action; and (g) A statement of the reliefsought by the petitioner,stating precisely the actionthat the petitioner wishes the agency to take w;th 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(2Xc) 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 fi led. A person whose substantial interests arc affected by the Deoarteen(s action regarding License No.DF03-1121 may petition for an administrative review under Section 27-14 of the Broward County Code ofCrdinances. 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 within 21 days of receipt or publication of this notice as provided above, or they shall be deemed to have waived their right to a proceeding under sections 120.569 and 120.57. If mediation terminates without settlement of the dispute,EPD shall norify all parties in writing that the administrative hearing processes under sections 120.569 Petmit No. 06-D 194 i 66-00 i License No. DF03-1121 Page 6 of 7 and 12057 remain available for disposition of he dispute,and the notice will specify the deadlines hat then will apply for challenging the agency action and electing remedies under those two statutes. This intent to issue a permit, No: 06-0194396-001, and license,No. DF03-1121 constitutes an order of EPD. Subject to the previsions of paragaph I20.68(7)(a)cfthe Florida Statutes,which may require a remand for an administrative hearing,the applicant has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the fling 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 within 30 nays from he date when u,e ceder is tiled.The applicant, or any party within the meaning of section 373.114(lXa) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudic tory Commission under section 373.114(1)or 373.4275 of the Florida Statutes. Requests for review before the Land and Water Adjudicatory Commission most 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 CiCt� /✓� ilv 20t)1- Eric Myers Date Director Biological Resources Division Broward County EPD Copies furnished to: Larry A.Zink,Esq., Zink,Zink&Zink,Co-, L.P.A. Stephen K. Tilbrook, Esq., Shutts& Bowen, L.L.P Mac McLaughlin,Broward Marine, Inc. Allen R. Kelley, Esq_, Fowler White Burnett, P.A. Michael Garcia, Esq., Fowler White Burnett, P.A. Glenn N. Smith,Esq., Ruden McCloskey, Smith, Schuster&Russell, P.A. Steven Ganoe, G&G Marine,Inc. CaptaLl James J. Ryan, Port Everglades Pilots' Association Michael Owens,Assistant County Attorney Tom Ansbro, City Attorney, City of Dania Beach Meredith Brannon, EPD Shelly Carter,U. S.Army Corps of Engineers,Miami Florida Department of Environmental Protection, West Palm Beach PermitteefLicensee: Palm Beach Polo HoldieSs, L±c. Pe,uit 1<0. 06-0194 3 8 6-✓B 1 License M. DF03-1 121 Page 7 of 7 CERTIFICATE OF SERVICE The undersigned hereby certifies t at this permit, including all copies, were nailed to the above listed persons before the close of business on . 206. Filling and Acknowledgment FILED, on*his uatee, receipt of which is hereby acknowledged. �K Date/O a� oC• Prepared by Julie Krawczyk, Natural Resource Specialist II Li Tdy Y, YPII 4L--1 COUNTY 082mm o ENVIRONMENTAL PROTECTION DEPARTMENT—Biological Resources Division Address: ' North University Drive,Suite 301,Planfatlon, Florida 33324 35=r.519-1230-FAX 954-51>-1412 EhArFRONNtENTAL RESOURCE PERMIT, and BROWARD COUNTY ENVIRONMENTAL RESOURCE LICENSE PERMITTEEiLICENSEE: Palm Beach Polo Holdings, Inc. 11199 Polo Club Road Wellington, FL 33414 ERP Pemtit Number: 06-0194386-001 ERL Lieense Number: DF03-t 121 Date of Issue: October XX,2006 Expiration Date of Construction Phase: October XX, 2006 County: Broward Project: Broward Yachts Marine Facility This combined permit/license is issued under the authority of Part IV 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 Bra-ward County Environmental Protection Department(EPD) and the South Florida Water Management District, as outlined in a document entitled "Delegation Agreement Among the Florida Department ofEmdronmen ai Protect-ion, the Soutb Florida Water Management District.and Broward County'', EPD is responsible for reviewing and taking final agency action on this activity. 1-his permMicense also constitutes certification compliance with waterquality standards 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 aseparate 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 permit/license constitutes a determination, pursuant to Section 380.0651(3)(e),F.S., that the facility is located so that it will not contribute to boat traffic in a manner that will adversely impact the manatee. This permiNGcense 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/license to operate the system described above, provided the system has been determined to be in conformance with all applicable rules adopted under part N of Chapter 373, F.S., Broward County Board of County Commissioners Josephus Eggeuetion.Jr.-Ben Graben sue Gunzburger•Knstln O.Jacobs-Ilene L1eW_rman-Jahn E.Rodslrom,Jr.•Jim Scott-Diane Wasserman-Rubin-'GIs Weber www.broward,org Perarittee'Nceasee: Palm Beach Polo Holdings, Inc. Permit No.0rr0194-785-901 License No. DF03-1i2 rage 2 of!i inch ding the general and specific conditions of this pertnit9icense/certificatioa/aumorizztian,as spzciScally described below. This includes a requirement for the permittee/licensee to request transfer of this perut/Gcensee to the operation and maintenance phase as more specifically described in DEP General Condition 7, below. This permitiricemse is subject to the Unuts, conditions, and locations of work shown in the attached 3 exhibits, and is aLo subject to the attached 19 DEP General Conditions, 11 t-lroward County EP➢ General Conditions and 20 combined State Environmental Resource Permit and Broward County EPD Specific Conditions whieb.are a binding pa rt of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities,and to ensure the work is conducted in conformance with all the terms,conditions,and drawings. If you are utilizing a contractor,the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities- Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit(license and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit/license, as specifically described below. ACTrt'ITI`LOCATION: The activity is located at 750 NE 7'Avenue(Folio No. 5042351 1 001 0) and the Dania Cut-off Canal, in the City of Dania Beach, Class III Waters, Section 35 Township 50 South Range 42 East PROJECT SITE DESCRIPTION: The site is presently developed as aMarina/BoatRepair Facility_ The project site contains no environmentally sensitive wetlands,and no seagrasses or other submerged vegetation or mangroves were observed in the project area during the site inspection. PROPOSED PROJECT DESIGN: The proposed project is to construct five(5)floating 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 128-foot-long pier with a 4-foot-wide by 12-foot-long aluminum ramp;(3) 7.5-foot-wide by 128-foot-long pier with a 4-foot-wide by 12- foot-long aluminum ramp; (4) 7.5-foot-wide by 144-foot long pier with a 4-foot-wide by 12-foot-long aluminum ramp; and (5) 7.5-foot-wide by 192-foot-long pier with a 4-foot-wide by 18-foot-iong L-shaped aluminum ramp. Finger piers one(1)through four(4)shall be placed at an approximate 45 degree angle, in a southeasterly direction,from the existing seawall. Finger pier five(5)shall be placed immediately parallel to the existing seawall. The total over-water area of the strictures 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 Perm ittee,'Liceusee: Palm Beach Polo Holdings, loc. Permit No. 06-0I94386-001 Licemse Na. DF03-1121 Page 3 or 11 authorized herein. DEP GENERAL CONDITIONS: (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 n,d the conditions forunderiaking that activity shall constitute aviolation of this permit and PartlV,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 Dot cause violations of state water quality standards. The permittee shall implement best management practices for erosion and pollution control to prevent vriolation 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 watervody 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(Department of Environmental Regulation, 1989), 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 this 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 construction wilt exceed one year,the permittee shall submit construction status reports to the Department on an annual basis utilizing an"Annual Status Report Form"(Form No.62- 343.900(4), F.A.C.). Status Report Forms shall be submitted the following June of each year. (6) Within 30 days after completion of construction of the permitted activity,the permittee shall submit a written statement of completion and certification by a registered professional engineer or other - A PermitteerZicensee: Palm Beach Polo Holdings, Inc. Permit No:0r-019439E-00I Uceiilse No..is C3-1121 Page 4 of it appropriate individual as authorized by law,utilizing the supplied "Environmental F asource Permit As-Built Certification by a Registered Professional" (Form No. 62-343.900(5), F.A.C). The stateruent of completion and certification snail 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 certificatian 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 transferefthe permit to the approved responsible operating entity if different from the permittee. Until the permit is transferred pursuantto Section 62-343.1 10(1)(d),F.A.C_,the permittee shall be liable for compliance with the terms of the permit (9) Each phase or independent portion ofthe permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion ofthe system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. (9) For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit,such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final operation and maintenance documents required by sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District- August 1995, prior to lot or unit sales or prior to the completion of the system,whichever occurs first Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State where appropriate. For those systems which are proposed to be maintained by the county or municipal entities,final operation and Perinitteer'Liceasee: Palm Beach Polo Holdings, Inc. 'g . -A T Permit No. 06-0144386-Ul License No.DF03-1 12':= Page 5 or i i maintenance documents trust be received by the Departuent when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee .—cmainireg 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 Departtttent in writing of the changes prior to uTiplem.ci itn`uon 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 permittee,or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E40, F.A.C. (12) The permittee is hereby advised that Section 253.77,F.S.states that a person may not commence any excavation,construction,or other activity involving the use ofsovereign or other lands of the state,the title to which is vested in the Board of Trustees of the Intemal improvement Trust Fund without obtaining the required lease, purnit/license, easement, or other form of consent authorizing the proposed use. Therefore,the permittee is responsible for obtaining any necessary authorizations firm the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. (13) The permittee is advised that the rules of the 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, claims, or liabilities which may arise by reason of the construction,alteration,operation, maintenance,removal, abandonment or use of any system authorized by the permit (15) Any delineation of the extent of a wetland or other surface water submitted as part of the permit application,including plans or other supporting documentation,shall not be considered binding unless a specific condition of this permit or a formal determination under section 373.421(2),F.S.,provides otherwise. (16) The permittee shall notify the Department in writing within 30 days of any sale,conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. All transfers of ownership or transfers of permit are subjectto the requirements of section 62-343.130, F.A.C. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale,conveyance or other transfer Perm ittee,'Licensee: Pelm Beach Polo Holdings, Inc. Permit No.06-0194386-061 License-NoZ.`P63-112 i -Page 6'vi 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 coaformi—ty with the plans and specifications approved by the permit (i 5) if historical or rchaeo logical artifacts are discovered at any time on the project site;the per mittee shall immediately not&y the appropiate Depar rent Office. (19) The pemdace shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. 13RO -4-RD COUNTY EPD GENERAL CONDITIONS: (1) The terms,conditions, requirements, limitations and restrictions set forth herein are accepted by the licensee and must be completed by the licensee and are enforceable by the Environmental Protection Department(EPD)pursuant to Chapter 27 of the Broward County Code of Ordinances.The EPD will review this permit/licease 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 grounds for revocation,suspension,and/or enforcement action by the EPD. (3) In the event the licensee is temporarily unable to comply with any of the conditions of the license or with this chapter, the licensee shall notify the EPD within eight(9)hours or as stated in the specific section of this chapter. Within three(3)working days of the event,the licensee shall submita written report to EPD that describes the incident, its cause, the measures being taken to correct the problem and prevent its reoccurrence, the ownees 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 a--id testing to determine compliance with this license and Chapter 27 of the Broward County Code of Ordinances. Perm itteelLicensee: Palm Beaeb Palo Holdings, Inc. Permit No. 06-0194386401 License No, DF'03-1121- Page 7 of 11 (6) This license does not 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 ofEPD to exercise its rights hereunder in the eveotof any breach by the licensee, shall not be deemed or construed to be a waiver of EPD's rights hereunder. (8) This Iicense must be available for inspection on licensee's premises during the entire life of the license. (9) Any new owner or operator of permittedllicensed facility shall applyby letter for a transfer oflicerse 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 Iicense. The transferee shall be liable for any violation of Chapter 27 that results from the transferee's activities. The transferee shall comply with the transferor's original license conditions when the transferee has failed to obtain its own license. (10) By acceptirig this license,the licensee understands and agrees that all records,notes,monitoring data and other infermadon 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 403.111, Florida Statutes. (1 I) The licensee agrees to comply with Chapter 27 of the Broward County Code of Ordinances,and shall comply with all provisions of the most current version of this chapter, as amended. ERP and ERL SPECIFIC CONDITIONS: Euceptwhere 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 permitteelicensee 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 permitteeAicensee 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. Permit'eeIicensee: Palm Beach Palo Holdings, Inc. d . Permit No.06-01943"01 Licensed-BE03-11�1 Page 8 or 11 (3) The permittee/liceusee shall comply with all applicable local land use and subdivision regulations and other local requirements. In addition, the permittee/ticensee shall obtain all necessary Federal, State, local and special district authorizations prior to the start of any construction alteration of works authorized by this permit/hcense. (4) The petmittee/licensee shall hold and save the County harmless from any and all damages, claims,or labilrtres which may arise by reason of-the constFaaion,operation,maintenance or use of any facility authorized by the permit/license. (5) The permit/license does not convey property rights nor any r ghts or privileges other than those specified therein. (6) No constructioa 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 mustbe provided with sufficient ownership so that it has control overall water management facilities authorized therein.Upon receipt of written evidence of the satisfaction of this condition,the EPD will issue authorization to commence the construction. (7) If drawings or attachments conflict with the specific conditions of this permit/license, the specific conditions will prevail. (9) All storage or stockpiling of tools or materials(i.e. lumber, pilings, concrete, etc.)shall be limited to uplands or within the impact areas authorized by this permit/license. (9) Post-construction,signed and sealed,as-built drawings 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) Na dredging is authorized by this perrtit/license. (I1) No natural resource or water quality impacts are authorized by this permitl5cense. 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 sufficieut depth so as to preclude bottom scouring or prop dredging. (13) Turbidity Controls: Per Enittee/Licensee: Palm Beach Polo Holdings, Ine. Permit No.06-0194396-001 License No: .Pn=-;•u1 Page 9 of I I (a) All water bodies which are adjacent to the specific limits of construction authorized by this paTmit/license shall be protected from erosion, sedimentation, siltation, scouring, excess turbidity or dewate rg. (b) Priorto construction and during all operations that may degrade water quality in waters ofthe state,the permittee.licensee shall ensure that turbidity controls are practiced as necessary to prevent violations of the water quality standards outlined it.. Chapter 62-302, F.A.C. Ary 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) Priorto the initiation ofany work authorized by this permelicense,floating turbidity curtains shall be installed at the marina facility. The screens shall be maintained and shall,ennain 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 ensurutg that turbidity control devices are inspected daily and maintained in good workingorder so thatthere 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. (c) If an observable turbidity plume is visible leaving the site,the permittee/licensee shall: 1. Immediately cease all work contributing to the water quality violation. Operations may not resume until the Department gives authorization to do so. 2. Notify the EPD Biological Resources Division (954) 519-1230 within 24 hours of the time the first violation is detected. 3. Stabilize all exposed material contributing to the water quality violation. Modify the work procedures that were responsible for the violation, and instal more turbidity containment devices and/or repair any non-functioaing 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 Reach Polo Holdings, lac- _ Permit No. B"144386-001 i.': arse No.DF03-1.1k1 -- Page '.tk of 1I (16) The set of project drawings, exhibits 1 through 3, the 2-page Manatee Exhibit and DEP rents 62.343.400(3-5)are attached to and become part of this permit (17) The permittee/licensee shall comply with the standard manatee protection construction conditions listed in the attachment,"A Standard Manatee Construction Conditions,revised 2005,for all in-water work. (t 8) Mooring of vessels with lengths exceeding the length of the permitted structures is prohibited- (19) The permittee/licensee shall record a copy of the combined permit/license with the property records. This shall ensure that,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 ofpermitlicense issuance. (20) A person whose substantial interests are affected by the Department's action may petition for an administrative review under Section 27-14 efthe 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 famished to: Larry A-Zutk, Esq.,Zin ,Zink&Zink, Co.,L.P.A. Stephen K.'Filbrook,Esq.,Shutts&Bowen,L.L.P Mac McLaughlin,Broward Marine, Inc. Allen R.Kelley, Esq., Fowler White Burnett,PA Michael Garcia,Esq.,Fowler White Bumett,P-A. Giem N. Smith, Esq.,Ruden McCloskey, Smith,Schuster&Russell, P.A. Steven Ganoe,G&G Marine,Inc. Captain James J.Ryan,Port Everglades Pilots' Association Michael Owens,Assistant County Attorney Tom Ansbro,City Attorney, City of Dania Beach Meredith Brannon,EPD Shelly Carter, U. S.Army Corps of Engineers,Miami Florida Department of Environmental Protection, West Palm Beach Permittee(Licensee: Palm Beach Polo Holdings, Inc. Permit No. "194386-001 License No.DF03-112 Psge:I of I I Attachments: Drawings(3 pages) Manatee Exhibit(2 pages) Standard Manatee Conditions(1 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 2005- Filing and Acknowledgment FELED, on this date, receipt of which is hereby acknowledged. Date Prepared by: Julie Krawczyk,Natural Resource Specialist 11 LUL iAL New User? =iyr• '-!F' ahoo! 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Q AVMF191F131%10141330NIM �^ � F I• AJJ a 3NI`JN3`JNI11nSNC:) ' Z)m-3d CuNNN391HNYHu ONI 51HJV14'IVM02E9 Ei ra r� • � _ - 1�l7 l6E��tE'6 �� F�i( le Ij ' ;, lir !�E jli iE,E Jill dili ���, j, �_ I � ail hr [j,s,, { E � E,� t ,•Et ; �ii, ,f ,• x-��J , E i {: � � -I--t � � � iy�I,�;a!„j��i�,�Er,�t}t�� ►�q}�.#�L�Ec-�, _, �},,/k�'! ;:"!!#' �j� - 3Y.1Y �715' lij;1 o ��_-� -•- ;; , �� � ;' I+FOG d��✓ ' EE !3 I � EE iIE It if �f' I I 11 =f a f I f f isIrma I I iil 3� ro I� v I I {Et ri{ e I ' i {{ �o p— , jr [7 b o I z7 I,rs STANDARD MANATEE CONSTRUCT1014 ry CNDl I IV[Fv 2005 � 1. The permihee shall comply with the following manatee protection construction con dit'ons: a. All personnel associated w h the project shall be instructed about the pre�_enoa_ of manatees and the need to avoid collisions with and injury to manatees. The pemnittee 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 fraKeiidfe Speeu' at all`uiT.=S ii'hI= Eii `U; wzuu�lkvn alas and'a'hII i :911er 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 feel 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 wthin 50 feet of the operation. Animals must nat be herded away or harassed into leavinc. e. Any collision with or injury to a manatee shall be reported immediately to the FWC Hotline at 1-888-404-FWCC. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-25B0) for north Florida or Vero Beach (1-561-562-3909) for south Florida. f. Temporary signs conceming manatees shall be posted prior to and during all construction/dredging activities. All signs are to be removed by the perm ttee 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 8112` by I V 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. i ?,�L i � e c °� o � o, j rl ® Ln �, o (1) a C) ® U LLJ z o = o a ' z � I&ML d u ® � in um c1r) CL > 0 6 0 �® Mb,. -s O 0 cr � � 2 � 0© co Mai 00 05 0 ®� B� cn V O II i% O °$Q °L ® N O o M CT V) o } u FomZ-.'s43 9�J(3 . F.A.C. Fcm Me: canst,-J�oar . commencement Notice Date' October 3, 1949 ENVIROI' MTNTAL RESOURCE PERMIT Construction Commencement Notice PROJECT: PHASE: I hereby notify the Department n— •F-vir0=ental Protert:on that tl:e cons-'7 ic-:-- of the surface water management system authorized by Environmental Resource Permit No. has commenced / is expected to commence on 200 , arid w-It require a duraticn of approximately months weeks days to complete. It is understood that should the construction term extend beyond one year, I am obligated to submit the Annual Status Report for Surface Water Management System Construction. 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. Pe mittee or Title and Company Date Authorized Agent Phone Address FAX COVER SHEET Canton, Ohio Office Hillsboro Beach, Florida Office LARRY A. ZINK L.ARRY 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(o(aol.cotu Cellular Phone: 330-495-0171 Send to: From: Larry A. Zink, Esq. Timothy Ryan, Esq_ i Re: City of Dania Beach v Palm Beach Date: February 23 , 2005 Polo Holdings 4 02-3248 Copy to: Office Location: Canton, Ohio Fax Phone Number: 330-492-2225 ax 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 following: Letter IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton, Ohio and 954-428-3672 in Hillsboro,Florida THIS INFORMATION 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-ffiieS\faxform.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3-111 WHIPPLE AVENUE W. CANTON, OHIO 44-18-2933 EDWARD J. ZINK(J921-1996) Telephone(330) 492-2225 *ADMITTED TO PRACTICE IN LARRY A. ZINK * Fax(33D)492-3956 FLORIDA E-MAIL. LAZOHIO@acl corn 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST, SU17E 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 J, 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/jl cc Palm Beach Polo Holdings, Inc. Feb. 23 2005 06: 16PIl YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 Feb. 23 05: 16PM 00'41 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' U04. 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 I-ZINK(192.-I996) Telephone(330) 492-2225 'ADMITTED TO PRACTICE IN LARRY A_ZINK * Fax (330; 492-3956 F'-ORIDA E-MAID 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. 00 A. Zink LAZ/j 1 cc Palm Beach Polo Holdings, Inc. Feb. 24 2005 11 :45AM YOUR LOGO ZI NK LA W OFFICE YOUR FAX NO. 3304923955 NO. OTriER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO FEI3. 24 11:44AM 00'48 SND 02 OK TO TURN OFF REPORT, PRESS 'MENU' 1404. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-000-HELP-FAX (435-7329). Feb. 24 20OS 11: 46PM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 No, OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 19549211247 FEb. 24 11:46AM 00' 41 SND 02 DK TO TURN OFF REPORT, PRESS 'MENU' tI04. THEN SELECT OFF BY USING '+' 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. Nam' Hillsboro Imperial West, Suite244 Canton,Ohio 44718-2933 Hillsboro Beach,FL 33062 Phone: 330-492-2225 Phone: 954-428-3672 »__ 3311.492-3956 Fax: 954-428-3672 H-Mail: L AZOHIO(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 Date: February 24 ,2005 Holdings#02-3248 Copy to: Office Location: Canton, Ohio Fax Number: 954-921-1247 Phone Number: 330-492-2225 Fax Number: 330-492-3956 Response Needed: YES NO _ASAP Total pages, including cover: _2 Will not be mailed: Comments: See document following: Letter re Continuance of March 7, 2005 Hearing IF YOU HAVE PROBLEMS RECEIVING THIS TRANSMISSION PLEASE CALL 330-492-2225 in Canton, Ohio and 954-428-3672 in Hillsboro, Florida THIS INFORMATION IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. IF YOU RECEIVE THIS COMMUNICATION AND ARE NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT THE COPYING OR DISTRIBUTION OF THIS COMMUNICATION IS PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS. a-ffi les\faxform-do c 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 corn 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 Aermit 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, OH1044718-2933 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-£fi1es\forms\faxfor4a.doc ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES 3711 WnIPPLE AVE.,NW CANTON,OHIO 44718-2933 EDWARD L 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@aolcom 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax (954)428-3672 September 12, 2005 Timothy '_VI. Ryan, Esq. Via Fax: 954-921-1247 Special Attorney City of Dania Beach 700 E. Dania Beach Blvd. Dania Beach, FL 33004 Re: City of Dania Beach vs. Palm Beach Polo Holdings, Inc. Case No. 02-3248 Dear Mr. Ryan: This letter will update you on the status of the docks permit. On July 13, 2005, DPEP approved the conceptual design for five docks. DPEP requires that signed and sealed construction drawings be prepared and submitted to DPEP. Polo Holdings is awaiting the completion of the drawings. Once the drawings are submitted to DPEP I expect a quick approval. Very truly yours, ZINK, ZINK & ZINK CO., L.P.A. Larry A. Zink, Esq. LAZ/mab m-rfiles\pbholdings.510\daniabeachdock\ryan.doe HP OfficeJet K Series K60 Log for Personal Printer/Fax/Copier/Scanner PALM BEACH POLO 5617907114 Sep 12 2005 10:58am ,ast Transaction Date Time Type Identification Duration Pages Result Sep 12 10:57am Fax Sent 19549211247 0:45 2 OK ZINK, ZINK & ZINK CO., L.P.A. LAW OFFICES ,711 WHIPPLE AVE.,NW CANTON,OHIO 44718-2931 EDWARD J.ZNK T92I-1996) Telephone. (330)492-2225 *ADMITTED TO PRACTICE IN LARRYA.ZINK' Fax: (330)492-3956 FLORIDA E-Mail. LAZohio@aol com 1198 HILLSBORO MILE HILLSBORO IMPERIAL WEST,SUITE 244 HILLSBORO BEACH,FLORIDA 3306 Florida Telephone&Fax_ (954)428-3672 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 4 02-3248 DATE; 10/22/05 This Memo is a follow up on the 9/12/05 status report 1 sent to you. The final signed & sealed dock drawings have been filed with DPEP and I expect finalization of the process with DPEP within the next 2 weeks. Zi Zink & Zink, Co. LPA Larry A. Zink Esq. Oct. 22 2005 05:0741 YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 1954921124-1 Oct. 22 09:06AM 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:OSAM YOUR LOGO ZINK LAW OFFICE YOUR FAX NO. 3304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Oct. 22 09:05HM 00'28 SND 01 OK TO TURN OFF REPORT, PRESS 'MENU' 404. 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 AVE.,NW CANTON,OHIO 4 471 9-2 93 3 EDWARDI ZINK(1921-1996) Telephone: (330)492-2225 'ADMITTED TO PRACTICE IN LARRY A.ZINK' Fax (330)492-3956 FLORIDA Cellular Phone. (330)495.0171 &Mall: LAZOhIo@aol.corn 1198 HILLSBORO MILE HILLSBORO IMPERIAL.WEST,SUITE-44 HILLSBORO BEACH,FLORIDA 33062 Florida Telephone&Fax'. (954)428.3b72 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 D.ar Tim'. On October 20, 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°i, 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, ZIINNK&ZINK CO , L.P_A L rry A. Zink, Esq- LAZ/mab Cc Palm Beach Polo Holdings, Inc. a-ffilcs\browardyach ts.511 rryan-daniabeach.com Nov. 29 2006 10:22RM YOUR LOGO ?INK LAW OFFICE YOUR FAX NO. -7304923956 NO. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 STRAUBPOLO Nov. 29 10:21AM 00,49 SND 01 OK TO TURN OFF REPORT, PRESS 'VENU' 404. THEN SELECT OFF BY USING '+' OR FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1-800-HELP-FAX (435-7329). AGENDA REQUEST FORM CITY OF DANIA Date: June 18, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Valerie Valella, 609 NW 8" Street, Case#06-0173 Summary Explanation & Background: This was originally cited on April 11, 2006 for 2 violations and was given 14 days to comply. This went to the Special Magistrate on 7/17/06 for 2 violations. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$150.00 per day would be levied. The compliance date was 9/07/06. The fine was confirmed at the 12/04/06 Special Magistrate hearing. The property was brought into compliance on 6/21/07. After the Special Magistrate hearing on 7/09/07, Special Magistrate Gordon Linn recommended an abatement amount of $4350.00. Exhibits(List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 7/17/06, 12104/06, and 7/09/07 Special Magistrate hearings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: After the 7/09/07 Special Magistrate hearing,the fine and the abatement amount will be determined. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0173 municipal corporation PETITIONER, vs. VALERIE VELELLA RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPEGIAL MAGISTRATE This proceeding came on for Formal Hearing on July 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, Valerie Velella, did allow the following code violations to exist at property Respondent owns located at 609 NW 8 Street, Dania Beach, Florida, which property is legally described as: MALELUCA GARDENS RESUB 25-10 B LOT 3 BLK 5(#02 34 25 0500): 1. Minimum Standards, Chapter 8, Article II, Section 8-21(a)(5)(a) 1&2. Minimum standards for dwellings, hotels and rooming houses. Exterior of premises must be FINAL ORDER #06-0173 PAGE 2 maintained in good condition and not show evidence of deterioration. The exterior surface of the building is stained and discolored. Failure to paint or pressure clean and maintain building. 2. Violation of Chapter 14, Section 14-2; Junked and Abandoned vehicles, Public Nuisance. Vehicles or premises do not have current license tags. The storage or parking of junked, abandoned or unlicensed vehicles upon private or public property is prohibited. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Valerie Velella: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $150.00 per day will begin running 30 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, Valerie Velella, for the foregoing violations listed in paragraph b. (1) and b.(2), a fine of $150.00 per day, to begin running 30 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said sections 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 2 day of (unr�,l.1At 2006. Return I Patricia Varney, Finance Director 1' City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, Fl- 33004 FINAL ORDER #06-0173 PAGE 3 CODE ENFORCEME L MAGISTRATE By: M Berman, Notary Seal: Sworn and subscri ed before me this day of 2006. NARY PUBLIC STATE OF FLORIDA Mark Berman is personally known to me. .... SHARIANN PEARSON j,,o` 4 Notary Public-State of Florida :Wccrrm6UnEvkwmay 11,200f1 CERTIFICATE OF SERVICE -;,�e,= Commission 318233 Bonded By National NotaryAmn I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondents, Valerie Velella, this 6� day of 2006. CERTIFIED MAIL 7001 1940 0002 6631 2477 ACTING 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 # 06-0173 Municipal corporation PETITIONER, FINAL ORDER vs. VALERIE VELELLA 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 Eric Walton on the City's Motion to Confirm Fine held on December 4, 2006, 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 8`" day of August 2006, a Final Order in the above captioned case commanding the Respondent(s), Valerie Velella, to bring violation(s) specified in said Final Order into compliance on or before the 7th day of September 2006, or pay a fine in the amount of$150.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #06-0173 2. That said violation(s) occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: 609 NW 8 Street, Dania Beach FI, MELALEUCA GARDENS RESUB 25-10 B LOT 3 BLK 5 (0234 25 0500). 3. That the Respondent(s), Valerie Velella, 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 amount specified until such time as the Respondent(s), Valerie Velella, 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 Day of Drish3Et'— 2006. DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By: ark E. rman, Esq. Return to: Patricia Vamey 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER 406-0173 Sworn to and subscribed before me this day of '0KE5"%0 - , 2006, by Mark E. Berman, who is personally known to me. LESTER GARCIA Nohry Pu*-SUM of RMft � P Caanrbn Expft OctIS,2010 Cowdow00WSS7° NOTAR PUBLIC STATE OF FLORIDA ' Sim "atlonNNOWYAmn. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Valerie Velella, this ;QS day of oEwl30L- , 2006. CERTIFIED MAIL # 7006 0810 0003 7726 205/// , CODE COVIPLIANCE SPECIAL AGISTRATE CLERK Also sent regular mail Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 FLORIDA s v April 11, 2006 VALERIE VELELLA Case Number: 06-00000173 609 NW 8TH ST DANIA BEACH, FL 33004-2319 Location: 609 NW 8 ST Folio: 5042-34-25-0500 Legal Description: MELALEUCA GARDENS RESUB 25-10 B LOT 3 BLK 5 Dear VALERIE VELELLA: 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 25, 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. !W - sin erel THE O E E2 CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1010 0004 8918 4123 by HELEN CEASER 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 06-00000173 PROPERTY ADDRESS 609 NW 8 ST ------------------------------------- VIOLATION: MINIMUM STANDARDS-PAINT QUANTITY: 1 DESCRIPTION: CH 8,ART II, PS,SEC 8-21A5A1&2 DATE: 4/11/06 LOCATION: NARRATIVE Remedy will be to paint and maintain building. ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) & (2) ; Minimum Standards for Dwellings, Hotels, and Rooming Houses. Maintenance and Appearance Standards . The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti, peeling paint and with uniform colors void of any evidence of deterioration. ------------------------------------------ VIOLATION: CH. 14, SEC. 14-2 JUNKED & QUANTITY: 1 DESCRIPTION: CH. 14, SEC. 14-2 JUNKED & AB VEH DATE: 4/11/06 LOCATION: NARRATIVE There is 1 yellow VW, 1 RV junked and/or abandoned and/or unlicensed vehicle (s) on the subject property. The junked, abandoned and/or unlicensed vehicles, trailers or vessels must be removed or placed in operable condition. ORDINANCE DESCRIPTION : Violation of Chapter 14 , Section 14-2 ; Junked and Abandoned vehicles, Public Nuisance. The storage or parking of all junked, abandoned and/or unlicensed vehicles, trailers or vessels upon any private or public property is prohibited. AGENDA REQUEST FORM CITY OF DANIA Date: June 18, 2007 Agenda Item#: 0 . 3 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: William T& Norma L Parker, 3951 SW 51 Street, Case# 04-1318 Summary Explanation & Background: This was originally cited on September 27, 2004 for 4 violations and was given 7 days to comply. This was taken to the board on 3/07/05 for 4 violations. The board issued an order giving the defendant 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 5/27/05. The fine was confirmed at the 8/01/05 code board hearing. The property was brought into compliance on 2/09/07. The fine ran from 5/27/05 thru 2/09/07 @ $100.00 per day for 623 days to total $62,476.50 including recording fee. At the Special Magistrate hearing on 6/04/07, an abatement recommendation of 50% was made to$31,150.00. Exhibits (List): (1) 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 board minutes from the 3/07/05, 0801/05 and the 6/04/07 Special Magistrate hearing. Purchasing Approval: 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 $31,150.00 which is 50% of the amount. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk 6�71e'S CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE #04-1318 municipal corporation PLAINTIFF, FINAL ORDER vs. WILLIAM T. & NORMA L. PARKER DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on March 7, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendants and the subject matter of this action; and b. Defendants, William T. & Norma L. Parker, did allow the following code violations to exist at property Defendants own located at 3951 SW 51 Street, Dania Beach, Florida, which property is legally described as: COMISKEY PARK 102-8 B LOT 3 (# 0231 10 0010): 1. Chapter 8, Buildings, Article 11, Property Standards; Section 8-21(4)(0. Minimum standards. Failure to repair, replace or remove fence on subject property that is in disrepair. FINAL ORDER #04-1318 PAGE 2 2. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance. Failure to remove all inoperative and unlicensed vehicles from subject property. 3. 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. Failure to remove miscellaneous trash, debris and leaves from subject property. 4. Chapter 39, Broward County Zoning Code, Article XVI, Residential Zoning Districts, Section 39-275(6)(b). General provisions, storage on residential property. The open air storage of any item is prohibited in residential zoning districts with the exception of usable lawn, garden or pool furniture or equipment, barbecues, toys, bicycles, or trash cans being used by the residents of the dwelling. Failure to remove all items not listed herein from the subject property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, William T. & Norma L. Parker: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). A fine of $100.00 per day will begin running 30 days from the date this order is signed by the Chairperson of the Board. The City of Dania Beach shall have and recover from Defendants, William T. & Norma L. Parker, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of $100.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendants must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. If the Defendants do 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 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1318 PAGE 3 with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendants. In the event this Final Order is recorded as a lien a charge will be imposed to P record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this ] day of AY_ 2005. DANIA BEACH CODE ENFORCEMENT BOARD By:� � Richard Bettor, Chairperson Notary Seal: Sworn and subs ibed before me this day of .... 2005. NOT RY PUB STATE OF FLORET Richard Bettor is personally known to me. ,✓' 01ona J B ands. ?%] My CommjU"00187280 a n Expuea May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #04-1318 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants, William T. & Norma L. Parker, this �_day of 2005. CERTIFIED MAIL 7003 3110 0000 8260 4847 COD ENFORCE T BOARD CLERK APPROVED AS TO 7 AND CORRECTNESS TIM RYAN, PECIAL CITY7ORNEY 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 #04-1318 Municipal corporation PLAINTIFF, FINAL ORDER vs. WILLIAM T. & NORMA L. PARKER DEFENDANTS 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 William Dubisky, on the City's Motion to Confirm Fine held on the 1st day of August, 2005, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 27th day of April, 2005, a Final Order in the above captioned case commanding the Defendants, William T. & Norma L. Parker, to bring the violations specified in said Final Order into compliance on or before the 27th day of May, 2005, or pay a fine in the amount of$100.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #04.1318 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: COMISKEY PARK 102-8 B LOT 3 (# 0231 10 0010). 3. That the Defendants, William T. & Norma L. Parker, 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 Defendants, William T. & Norma L. Parker, shall comply with said Final Order. Upon complying, the Defendants shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. 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 Defendants. DONE AN RDERED at Dania Beach, Broward County, Florida, this 3_ day of 2005. DANIA BEACH CODE ENFORCEMENT BOARD By: f� l Richard Bettor, C " Sworn to and subscribed before me this .3o day of 2005, By Richard Bettor, who is personally known to me. NO ARY PU * IC STATE OF FLORIDA ;Iona!Brandes My Commission D0187260 o Expires May 10,2007 Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #04-1318 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Defendants, William T. & Norma L. Parker, this day of 2005. CERTIFIED MAIL # 7004 2510 0003 0646 2336 I &Mh"o G� �-�- CODE EP FORCEME T BOARD CLERK APPROVED S TO FORM CORRECTNESS TIMOTHY M./RYAN, SPECIAL C 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 o �_ Z- -4 FLORIDA r,l�v7 September 27, 2004 �T WILLIAM T & NORMA L PARKER Case Number: 04-00001318 3941 SW 51ST ST FT. LAUDERDALE, FL 33312-6226 Location: 3951 SW 51 ST Folio: 504231100010 Legal Description: COMISKEY PARK 102-8 B LOT 3 Dear WILLIAM T & NORMA L PARKER: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re-inspection by October 04, 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 . Sincerely, • "W WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 1010 0004 8916 1771 by ROXANNE JARVIS 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 04-00001318 PROPERTY ADDRESS 3951 SW 51 ST -- ---------------------------- ------------------------- -- ---- - VIOLATION: CH. 8,ARTII , SEC. 8-21 (4) (F) QUANTITY: 1 DESCRIPTION: CH. 8,ARTII , SEC. 8-21 (4) (F) FENC DATE: 9/27/04 LOCATION: NARRATIVE All fences on property must be repaired, replace, or remove. A permit will be required for replacement . ORDINANCE DESCRIPTION : Violation of Chapter 8, Buildings, Article II, Property Standards; Section 8-21 (4) (f) . Minimum standards . General requirements for all dwellings, dwelling units, hotels, hotel units, and rooming houses. All fences shall be maintained in a good state of repair. ---------------------- ----- ----------------------------------- VIOLATION: CH. 14 , SECTION 14-2 QUANTITY: 1 DESCRIPTION: CH. 14, SECTION 14-2 DATE : 9/27/04 LOCATION: NARRATIVE All inoperative and unlicensed vehicles, trailers, and vessel must be removed from the property. ORDINANCE DESCRIPTION : Violation of Chapter 14 , Section 14-2 ; Junked and Abandoned Vehicles; Public Nuisance. The storage or parking of all inoperative vehicles, trailers, and vessels is creating a public nuisance . -------- ---- - --- --------- -- ------------------------------ - - --- VIOLATION: CH39, X, SEC39-132A&39-133 QUANTITY: 1 DESCRIPTION: CH39,ART X, SEC. 39-132a&39-133 DATE : 9/27/04 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: CH39 ART.XVI SEC39-275 6B QUANTITY : 1 DESCRIPTION: CH39 ART.XVI SEC39-275 6B STOR DATE: 9/27/04 LOCATION: VIOLATION DETAIL PAGE 2 CASE NUMBER 04-00001318 PROPERTY ADDRESS 3951 SW 51 ST NARRATIVE : CONTINUED All items stored on property not listed herein must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 39, Broward County Zoning Code,Article XVI, Residential Zoning Districts, Section 39-275 (6) (b) . General Provisions, Storage on Residential Property. The open air storage of any item is prohibited in residential zoning districts with the exception of of usable lawn, garden, or pool furniture or equipment, barbecues, toys bicycles, or trash cans being used by the residents of the dwelling on the plot where such items are stored. Code Inspector, William Dubisky, having been previously sworn in, came forward presented 4 photographs and gave the following testimony. The property was cited for CH 8, Section 8-21 (4)(F) fence violation, Chapter 14 Section 14-2 Abandoned vehicles, Chapter 39 X Section 39-132 A & 133 Public Nuisance, Chapter 39 Article XVI Section 39-275 6B which covers outside storage. As of today Chapter 8 fence in disrepair continues, Chapter 14 unlicensed vehicles on property remain visible, Chapter 39 miscellaneous trash and outside storage are present. No attempts have been made to correct the citations. Chairman Bettor asked if there was anyone present representing William T. & Norma L. Parker. There was no one. It was on motion byTim McLeod to adopt the findings of fact and move to give the respondent 30 days to bring the property into compliance or a fine of $100 a day would be levied. The motion was seconded by Jimmy Peterman, and it carried on the following roll call: David Nuby—yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Judith Tulacro-yes Richard Bettor-yes 26)#04-1322 Norma L. Parker& William T. Parker 3941 SW 51 ST Fort Lauderdale,Fl Code Inspector, William Dubisky, having been previously sworn in, came forward, presented 3 photographs and gave the following testimony. The property was cited for Ch. 8, Art. lI, Sec. 8-21 (4)(f) Minimum Standards for fence, Ch. 14, Sec. 14-2; Junked and Abandoned Vehicles, Ch. 39, Broward County Zoning Code, Art. XVI, Residential Zoning District, Sec. 39-275(6)(b) for open air storage, and Ch. 39, Broward County Zoning Code, Art. X Property Maintenance and Junk or Abandoned Property, Sec. 39- 132(a) Public Nuisance and 39-133, Duty to Maintain for miscellaneous trash and debris. As of today the property remains in violation of Chapter 8 fence in disrepair, Chapter 14 unlicensed vehicles are on property, Chapter 39 outside storage and public nuisance. First contact was made September 27, 2004 and no attempts have been made to bring property into compliance. Chairman Bettor asked if there was anyone present representing Norma L. Parker & William T. Parker and there was no one. It was motion by Tim McLeod to adopt the findings made by Inspector Dubisky seconded by Jimmy Peterman and the defendants were given 30 days to bring the property into compliance or a fine of $100 shall be levied. The motion carried on the following roll call: David Nuby—yes Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes Terrell McCombs-yes Judith Tulacro-yes Richard Bettor-yes Dania Beach Code Board summary Minutes 13 March 7,2005 Monday City of Dania Beach June 04, 2007 100 W Dania Beach Blvd 6:30pm Dania Beach, FL 33004 MINUTES SPECIAL MAGISTRATE 1. Those Present: Gordon Linn, Special Magistrate Tim Ryan, Special Magistrate City Attorney Lester Garcia, Special Magistrate Clerk Helen Ceaser, Assistant to the Clerk Nicholas Lupo, Code Compliance Manager Warren Ostrofsky, Code Inspector Mike Moreno, Code Inspector Eric Walton, Code Inspector Gary Phaneuf, Code Inspector Michael Rinaldi, Code Inspector 2. Special Magistrate Gordon Linn called to order the June 04, 2007 Special Magistrate meeting at 6:38pm. All those witnesses who would testify were sworn in. 3. Cases were called in order as listed on the attached sheet. 4. There being no further business, the meeting was adjourned. Gordon Linn, Esq. Dania Beach Special Magistrate Minutes 1 06/04/07 AGENDA REQUEST FORM CITY OF DANIA Date: June 18, 2007 Agenda Item#: el Title: Request for Abatement Requested Action: Consideration of the Abatement Request for:William T Parker, 3951 SW 51 Street, Case#05- 1158 Summary Explanation & Background: This was originally cited on July 20, 2005 for 2 violations and was given 10 days to comply. This went to the board on 10/03/05 for 2 violations. The board issued an order giving the defendant 30 days to comply or a fine of$150.00 per day would be levied. The compliance date was 11/13/05. The fine was confirmed at the 2/06/06 code board hearing. The property was brought into compliance on 7/26106. The fine ran from 11/13/05 thru 7126/06 @ $150.00 per day for 255 days= $38.250.00 plus the recording fee of$176.50 which totals $38,426.50. At the Special Magistrate hearing on 6/04/07, an abatement recommendation of 50%was made to $19,213.25. Exhibits (List): (1) 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 board minutes from the 10/03/05, 2/06/06, and the 6/04/07 Special Magistrate hearing. Purchasing Approval: 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 $19,213.25 which is 50% of the amount. 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 # 05-1158 municipal corporation PLAINTIFF, FINAL ORDER vs. WILLIAM T. PARKER DEFENDANT ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on October 3, 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, William T. Parker, did allow the following code violations to exist at property Defendant owns located at 3951 SW 51 Street, Dania Beach, Florida, which property is legally described as: COMISKEY PARK 102-8 B LOT 3 (# 0231 10 0010): 1. Chapter 15, Section 15-1; Occupational License. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. FINAL ORDER #05-1158 PAGE 2 2. Chapter 22; Streets and Sidewalks; Section 22-1, Buildings to be numbered. The property address is not displayed on the building on the subject property. Failure to display the property address on the building on the property. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendant, William T. Parker: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of 150.00 per day will begin running 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, William T. Parker, for the foregoing violations listed in paragraphs b.(1) and b.(2), 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 violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendant has complied. If the Defendant does not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendant. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this / day of 0(1-4bg,(, , 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1158 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: Richard Bettor, Chairperson Notary Seal: Sworn and subscribed before me this day of 2005. O NO ARY PUBLI ST TE OF FLORIDA Richard Bettor is personally known to me. ,,,IN Glana J Bmnees My Commission D0187260 3 or a^' Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1158 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, William T. Parker, this & day of 2005. CERTIFIED MAIL 7002 2030 0003 1209 8315 CODV ENFORCE N BOARD CLERK APPROVED AS O FORM AND CORRECTNESS TIM RYAN, S ECIAL UTY ATT RNEY xc: William T. Parker, 3951-53 SW 51 Street, Fort Lauderdale, FI 33312-6226 Certified Mail 7002 2030 0003 1209 8322 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 # 05-1158 Municipal corporation PETITIONER, FINAL ORDER vs. WILLIAM T. PARKER RESPONDENT SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Board ("Board") 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Inspector Eric Baker, on the City's Motion to Confirm Fine held on the 6th of February 2006, and based on the evidence, the Board enters the following findings of fact and order: 1. That the Board did issue on the 14th day of October 2005, a Final Order in the above captioned case commanding the Respondent, William T. Parker, to bring the violations specified in said Final Order into compliance on or before the 13`h day of November 2005, or pay a fine in the amount of $150.00 per day for each day of non compliance thereafter. SUPPLEMENTAL ORDER #05-1158 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: COMISKEY PARK 102-8 B LOT 3 (# 0231 10 0010). 3. That the Respondent, William T. Parker, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Board that the fine specified in said Final Order is hereby confirmed and ratified and shall accrue at the per diem specified until such time as the Respondent, William T. Parker, shall comply with said Final Order. Upon complying, the Respondent shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Respondent has complied. 5. It is the order of this Board that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent. DONE AND ORDERED at Dania Beach, Broward County, Florida, this ads Day of .fie &" , 2006. DANIA BEACH CODE ENFORCEMENT BOARD By: AA111-011zl �— Richard Bettor, Chairman Sworn to and subscribed before me this .ae day of d. 2006, By Richard Bettor, who is personally known to me. NO ARY PUB VC STATE OF FLORIDA .0or N Gbna J arandes My Commission=87280 Va 1V EMMS May 10,2007 Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 SUPPLEMENTAL ORDER #05-1158 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent, William T. Parker, this a(f day of S'e- dt t lGih u_ 2006. CERTIFIED MAIL # 7002 0860 0000 5818 5316 0-4 zl � QL t�� CODE E FORCE NT BOARD CLERK APPROVE S TO FORM AND CORRECTNESS TIMOTHY RYAN, SPE AL CITY ATTORNEY Also sent regular mail xc: William T. Parker, 3951-53 SW 51 Street, Fort Lauderdale, FL 33312 Certified Mail # 7002 0860 0000 5818 5323 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, F1 33004 FLORIDA July 20, 2005 WILLIAM T PARKER Case Number: 05-00001158 3941 SW 51ST ST FT. LAUDERDALE, 33312-6226 Location: 3951 SW 51 ST Folio: 5042-31-10-0010 Legal Description: COMISKEY PARK 102-8 B LOT 3 Dear WILLIAM T PARKER: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation(s) and call for a re- inspection by July 30, 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. Sincere y, vaz_ ERIC BAKER CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7004 1350 0005 2993 5429 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.fl.us VIULATIUN DETAIL PAGE 1 CASE NUMBER 05-00001158 PROPERTY ADDRESS 3951 SW 51 ST -------------------------------------------------------------- VIOLATION: CH. 15, SEC. 15-1 QUANTITY: 1 DESCRIPTION: CH. 15, SEC. 15-1,OCCUPATIONAL DATE: 7/20/05 LOCATION: NARRATIVE City of Dania Beach Occupational License must be obtained for any/all leased, rental, income and/or multi-living properties . ORDINANCE DESCRIPTION Violaton of Chapter 15, Section 15-1, Occupational License . Operating any business within the city limits without an occupational license, or an expired license, is prohibited. -------------------------------------------------------------- VIOLATION: CH 22, SEC 22-1 QUANTITY: 1 DESCRIPTION: CH 22, SEC 22-1 DATE: 7/20/05 LOCATION: NARRATIVE Address must be displayed on the building/house ORDINANCE DESCRIPTION : Violation of Chapter 22 ; Streets and Sidewalks; Section 22-1, Buildings to be numbered. All buildings in the city must display the correct street number upon such building. Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 29. Case #05-1247 Antonietta Nicosia '/4 Int Giovanni Nicosia Etal 35 SW 4 Street Dania Beach,FL William Dubisky, having been previously sworn in, came forward and asked for a dismissal because the property complied. Tim McLeod made a motion to dismiss 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 30. Case 405-1337 Jardins LLC 3088 Griffin Road Fort Lauderdale, FL Code Inspector Gary Phancuf, having been previously sworn in, came forward and stated that as of today the property is still in violation of Ch.13, Art.II, Sec.13-34 ABC, property is overgrown with accumulation of trash and debris. Chairman Bettor entered 7 photos into evidence. Tim McLeod made a motion, to adopt the findings of fact as presented by our code officer, that the violations do exist and the respondent be given 30 days to bring it into compliance or a fine of $100.00 per day. Jimmy Peterman seconded the motion which carried on the following roll call: Tim McLeod—yes Jimmy Peterman—yes Terrell McCombs—yes Richard Bettor—yes 31. Case #05-1350 Fannie Bennet 237 NW 5 Avenue Dania Beach, FL Code Inspector Theodore Perez came forward and was sworn in. Mr. Perez said that as of today, the property is still in violation of Ch.8, Art.I1, Sec. 8-214f, the accessory structure is still in a state of disrepair; and Ch.13, Art.I1, See.13-34 abc, overgrown vegetation along the fence. The property owner has not made an attempt to put the property into compliance. Chairman Bettor entered 2 photos into evidence. Tim McLeod made a motion, to adopt the findings of fact by our code officer, that the violations do exist and the respondent be given 30 days or a $150.00 per day fine. Jimmy Peterman seconded the motion which carried on the following roll call: Dania Beach Code Board Summary Minutes 14 October 3,2005 Present for the Defendant: No representative Disposition: Property is still in violation. Motion made by Judy Jensen, seconded by Tim McLeod to confirm the fine on the case. Motion carried by unanimous vote. Case #05-1142 Hector J & Henrietta Rodriguez,3970 SW 51 Street Motion to confirm fine Inspector: Eric Baker Violations: Ch 8 Sec 8-21 (5) A 3 Ch 15 Sec 15-1 Present for the Defendant: No representative Disposition: Property is still in violation. Motion made by Judy Jensen, seconded by Jimmy Peterman to confirm the fine. Motion carried by unanimous vote. Case #05-771 The Oaks Group Inc., 4151 Stirling Road Motion to confirm fine Inspector: William Dubisky Violations: CH 39 ART X SEC 39-132 & 39-133 CH 13 SEC 13-33 Disposition: Inspector William Dubisky requested a continuance until the next Code Board Meeting. Motion made by Tim McLeod, seconded by David Nuby to continue the case. Motion carried by unanimous vote. Case #05-0488 Victoria L. Sando, 3061 Marina Drive Request for extension Inspector: William Dubisky Violations: FBC 104.1 Disposition: Inspector William Dubisky asked for a 90 Dania Beach Code Enforcement Board 2/06/06 8 AGENDA REQUEST FORM CITY OF DANIA Date: June 18. 2007 Agenda Item#: 3. Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: William T. Parker, 3951-3953 SW 51 Street, Case #06-0661 Summary Explanation & Background: This was originally cited on April 13, 2006 for 1 violation and was given 7 days to comply. This went to the Special Magistrate on 5/08/06 for 1 violation. The Special Magistrate issued an order giving the respondent 5 days to comply or a fine of$100.00 per day would be levied. The compliance date was 5/14/06 and the property was brought into compliance on 5/17/06. The fine was confirmed at the 6/19/06 Special Magistrate hearing. The fine ran from 5/14/06 thru 5/17/06 @$100.00 per day for 3 days = $300.00 plus the recording fee of$176.50 which totals $476.50. At the Special Magistrate hearing on 6/04/07, an abatement recommendation of$200.00 was made. Exhibits (List): (1) Copy of the Final Order and Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of Special Magistrate minutes from the 5/08/06, 6/19/06 and the 6/04/07 Special Magistrate hearings. Purchasing Approval: 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 $200.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0661 municipal corporation PETITIONER, vs. WILLIAM T. PARKER FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE AND ORDER IMPOSING COST OF REPAIRS This proceeding came on for Formal Hearing on May 8, 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, William T. Parker, did allow the following code violation to exist at property Respondent owns located at 3951-3953 SW 51 Street, Dania Beach, Florida, which property is legally described as: COMISKEY PARK 102-8 B LOT 3: (# 0231 10 0010): ill' FINAL ORDER # 06-0661 PAGE 2 Chapter 13, Section 13-34 (a), Prohibitions. It is a nuisance to allow the broken drain cover to remain on the property. Drain cover must be replaced in the swale area; and C. Pursuant to Sections 162.09(1) and 162.06(4), Florida Statutes, the violation or the conditions causing the violation presents a serious threat to the public health, safety, and welfare. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, William T. Parker: (a) has been found to be in violation of the above described code section listed in b.paragraph 1( ). The Respondent has five (5) days from the date this order is signed by the Code Enforcement Special Magistrate to correct the violation. (b) The City of Dania Beach shall have and recover from Respondent, William T. Parker, for the foregoing violation listed in paragraph b.(1), a fine of $100.00 per day, to begin running five (5) days from the date this order is signed by the Code Enforcement Special Magistrate should the violation not be brought into compliance; and (c) Should the subject property not be brought into compliance prior the expiration of the five (5)-day period as ordered, based upon the above finding that the violation presents a serious threat to the public health, safety, and welfare, and pursuant to Sections 162.09(1) and 162.07(4), Florida Statutes, the City of Dania Beach IS AUTHORIZED to make all reasonable repairs to bring the property into compliance and to charge the Respondent with the reasonable cost of the repairs along with the fines imposed pursuant to this Order, and lien the subject property for said cost of repairs and fines. The daily $100.00 fine SHALL CEASE upon compliance of the violation by and through the City's actions to make all required repairs. 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 Special Magistrate whether Respondent has complied. If the Respondent does not notify the City's Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER # 06-0661 PAGE 3 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, unless and until the City makes all required repairs as indicated above, due to the serious threat to the public from the violation. 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. OR ERED at Dania Beach, Broward County, Florida, this 74-7 day of 12006. CODE ENFORCEMENT ECIAL MAGISTRATE By Mark E erman, E Notary Seal: Sworn and subspribed before me this day of 2006. i NOTARY PUBLICS ATE OF FL(?"A Mark E. Berman is personally known to me. DONNA SAMOLEWICZ :Notary Public-State of Florida ' MCommkslonf teskx5.2008 >,• Commission#DD301859 ,s;f`�^„°•" Bonded byNaticnal Notary Assn. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0661 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order yvas mailed to the Respondent, William T. Parker, this �' _day of 2006. CERTIFIED MAIL 7001 1940 0002 6630 9736 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent first class mail xc: William T. Parker, 3941 SW 51 Street, Dania Beach, FL 33312-6226 Certified Mail 7001 1940 0002 6630 9743 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a CASE NO. 06-0661 Florida municipal corporation, Petitioner, -vs- WILLIAM T. PARKER Respondent/ ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE, 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit and testimony of Code Officer Eric Baker on the 19th day of June 2006, and in accordance with Florida Statute 162.09, the Code Enforcement Special Magistrate states as follows: 1. On the 9ch day of May 2006, a Final Order in the above-captioned case was entered by the Code Enforcement Special Magistrate commanding the Respondent, William T. Parker, to bring the violation specified in said Final Order into compliance on or before the 14th day of May 2006, 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 Code Enforcement Special Magistrate and entered in the Final Order occurred on the following described real property situate, Order Imposing Fine Case#06-0661 lying and being in Broward County, Florida, to-wit: COMISKEY PARK 102-8 B LOT 3 (# 0231 10 0010) 3. Respondent, William T. Parker, 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 May 17, 2006 when the Respondent complied with said final order. 5. The fine accrued for a period of 3 days at $100.00 per day for a total fine of $300.00 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 day of 2006. DANIA BEACH CODE ENFORCEMENT SPECIA M STRATE SWORN TO and SUBSCRIBED BEFORE me this k day of 2006 by , who is personally 6now o me. �"tiLimn---2 &Jr zl Notary Public, State of Florida o iN"..I... S;!u NPEARSON +' r;Notary Public-State of Florida f •_ivlyCamrrtlalan riles ivlay 11,2008 Return to. Patricia Varney,Finance Director 2 a Con MIS3lon#DD 318233 City of Dania Beach -• O(��^� Bonded By Notional NaforyAtln. 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Fine Case 906-0661 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, William T. Parker, this Ik day of 2006, via U. S. First Class mail and U. S. Certified Mail l4c. 70 1 1940 0002 6631 6376 �CIfLIAn.n�) �L�,O,dYO_.t�J ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular first class mail Return to Patricia Varney,Finance Director 3 City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach,FI 33004 MY 44 FLORIDA � SMAS.a.P April 13, 2006 WILLIAM T PARKER Case Number: 06-00000661 3941 SW 51ST ST FT. LAUDERDALE, FL 33312-6226 Location: 3951 -3953 SW 51 ST Folio: 5042-31-10-0010 Legal Description: COMISKEY PARK 102-8 B LOT 3 Dear 4ILLIAM T PARKER: 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 20, 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, l'-j ERLC KER CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6630 7848 by ANA RESTREPO Also sent regular mail XC: WILLIAM T PARKER, 3941 SW 51ST ST, DANIA BEACH, FL 33004 CERTIFIED MAIL #7001 1940 0002 6630 7855 "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w .ci.dania-beach.Fl.us VIOLATION DETAIL PAGE 1 PAS E NUMBER 06-00000661 PROPERTY ADDRESS 3951 -3953 SW 51 ST -------------------------------------------------------------- VIOLATION: CH. 13 SEC. 13-34 (A) ACCUM QUANTITY: 1 DESCRIPTION: CH. 13 SEC 13-34 (A) ACCUMLATION DATE: 4/13/06 LOCATION: NARRATIVE Broken drain cover must be replaced in swale area. ORDINANCE DESCRIPTION : Violation of Chapter 13, Section 13-34 (a) , Prohibitions. (a) It shall be unlawful for any owner or operator of premises within the City to allow the accumalation or to accumalate any garbage, litter, stagnant water, trash or untended vegetation, or to allow any discoloration, or any nuisance upon the premises. 0 AGENDA REQUEST FORM CITY OF DANIA Date: June 18, 2007 Agenda Item #: 4,43 6 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for:Adolfo E Berrios & Zoja Fahmy, 43 SE 10 Terrace, Case#05-0613 Summary Explanation & Background: This was originally cited on April 8, 2005 for 2 violations and was given 10 days to comply. This went to the board on 12/05/05 for 2 violations. The board issued an order giving the defendant 30 days to comply or a fine of$125.00 per day would be levied. The compliance date was 1/18/06. This went back to the board on 2/06/06 for an extension of time making the new compliance date 4/18/06. The fine was confirmed at the 10/09/06 Special Magistrate hearing. The property was brought into compliance on 4/17/07. The fine ran from 4/18/06 thru 4/17/07 @ $125.00 per day for 364 days = $45,500.00 plus the recording fee of$212.00 which totals $45.712.00. At the Special Magistrate hearing on 3/05/07, the abatement request was denied. Again this went back to the Special Magistrate on 6/04/07 and a recommendation was made to abate the amount to $20,000.00. Exhibits (List): (1) Copy of the Final Order issued by the Code Enforcement Board and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of board minutes from the 12/05/05, 2/06/06, and the 10/09/06, 3/05/07, 6/04/07 Special Magistrate hearings. Purchasing Approval: 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$20,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT BOARD CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-0613 municipal corporation PLAINTIFF, FINAL ORDER vs. ADOLFO E. BERRIOS & ZOJA FAHMY DEFENDANTS ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on December 5, 2005, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Defendants and the subject matter of this action; and b. Defendants, Adolfo E. Berrios & Zoja Fahmy, did allow the following code violations to exist at property Defendants own located at 43 SE 10 Terrace, Dania Beach, Florida, which property is legally described as: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C (# 1203 13 0360): 1. Chapter 15, Section 15-1, Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. FINAL ORDER #05-0613 PAGE 2. Florida Building Code 104.1, Permits required. A detached carport, and an accessory structure were constructed on the subject property without permits and windows and doors were replaced on the subject property without permits. Failure to obtain permits and all inspections or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Defendants, Adolfo E. Berrios & Zoja Fahmy: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $125.00 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 Defendants, Adolfo E. Berrios & Zoja Fahmy, for the foregoing violations listed in paragraphs b.(1) and b.(2), a fine of $125.00 per day, to begin running 30 days from the date this order is signed by the Chairperson of the Board. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Defendants must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Board whether Defendants have complied. If the Defendants do not notify the City's Code Enforcement Department, an officer will not inspect the property and the fine will continue to be imposed each day until a code officer is notified, inspects the property and determines the property to be in compliance with this order. Said fine shall constitute a lien upon the real property and personal property of the Defendants. In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this H day of S"-t1 bt4 , 2005. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 3 DANIA BEACH CODE ENFORCEMENT BOARD By: ichard Bettor, Chairperson Notary Seal: Sworn and subscribed before me this 1 day of &CP,cujbdti 2005. GO�L(sL NOT Y PUBLIV STATE OF FLORIDA Richard Bettor is personally known to me. :;ioria J Banda$ y `t MY COMMiaeoe=87280 �aa Exgrea MaY 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendants,Adolfo E. Berrios & Zoja Fahmy, this Iq day of .ACu /, 2005. CERTIFIED MAIL 7002 2030 0003 1209 8551 COD ENFORCE ENT BOARD CLERK APPROVED AS TO FORM AND CORRECTNESS TIM RYAN, SPE IA L CITY ATT RNEY Also sent first c ass 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 #05-0613 municipal corporation PETITIONER FINAL ORDER vs. ADOLFO E. BERRIOS & ZOJA FAHMY RESPONDENTS SUPPLEMENTAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD This proceeding came on for Formal Hearing on February 6, 2006, after notice. Upon the evidence presented, the Board makes the following findings of fact: a. The board has jurisdiction of the Respondents and the subject matter of this action; and b. At a Formal Hearing on December 5, 2005, the Code Enforcement Board determined that Respondents, Adolfo E. Berrios & Zoja Fahmy, did allow the following code violations to exist at property Respondents own located at 43 SE 10 Terrace, Dania Beach, Florida which property is legally described as: HIGHLAND SQUARE 7-5 B LOT 9, 10 BILK C (#1203 13 0360) : FINAL ORDER #05-0613 PAGE 2 1. Chapter 15, Section 15-1, Occupational Licenses. The subject property is leased, rental income and/or multi-living property. Failure to obtain an occupational license for business. 2. Florida Building Code 104.1, Permits required. A detached carport, and an accessory structure were constructed on the subject property without permits and windows and doors were replaced on the subject property without permits. Failure to obtain permits and all inspections or remove all work. Upon consideration thereof, the motion was made and carried. It is, thereupon ORDERED: 1. Respondents, Adolfo E. Berrios & Zoja Fahmy: (a) have been found to be in violation of the above described code sections listed in paragraphs b.(1) and b.(2). A fine of $125.00 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 December 19, 2005. (b) At the Formal Hearing on February 6, 2006, the City of Dania Beach Code Enforcement Board has granted Respondents' request for extension on imposition of the fine until April 18, 2006. (c) Except as expressly amended herein this board's order in this case signed December 19, 2005, shall remain in full force and effect. ORDERED at Dania Beach, Broward County, Florida, this .100 day of oleg2LJd 2006. IJ DANIA BEACH CODE ENFORCEMENT BOARD By:i �G,�zGLlG� Richard Bettor, Chairperson Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 3 Notary Seal: Sworn and subscribed before me this _.ag day of %2M. 2006. NO ARY PLIOLIC STATE OF FLORIDA Richard Bettor is personally known to me. Fyp� Glaie J Brande9 a My Commission DD187= �p�d Expires May 10,2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-0613 PAGE 4 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondents, Adolfo E. Berrios & Zoja Fahmy, this day of Ma 2006. CERTIFIED MAIL 7003 1680 0002 5106 4779 COD ENFORC ENT BOARD CLERK APPROVED A 0 FORM AND CORRECTNESS TIM RYAN, S f ECIAL CITY AT ORNEY Also sent first class mail Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 aim,ap c-A FLORIDA �To April 8, 2005 ADOLFO E BERRIOS & ZOJA FAHMY Case Number: 05-00000613 43 SE 10 TERR DANIA BEACH, FL 33004-4322 Location: 43 SE 10 TER Folio: 5142-03-13-0360 Legal Description: HIGHLAND SQUARE 7-5 B LOT 9, 10 BLK C Dear ADOLFO E BERRIOS & ZOJA FAHMY: 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 18, 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. Sincer ly, WILLIAM DUBISKY CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8258 8512 by ANA MARIA RESTREPO Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PAGE 1 CASE NUMBER 05-00000613 PROPERTY ADDRESS 43 SE 10 TER ------------------------------------------------------ - ----- -- VIOLATION: CH 15, SEC 15-1 OCCUP LIC QUANTITY: 1 DESCRIPTION: CH 15, SEC 15-1 OCCUP LIC LEAS DATE: 4/08/05 LOCATION: NARRATIVE City of Dania Beach Occupational License must be obtained for any/all leased, rental , income and/or multi living properties . ORDINANCE DESCRIPTION Violation of Chapter 15, Section 15-1 . Occupational Licenses. Operating a business without a valid Occupational License is prohibited. -------------------------------------------------------------- VIOLATION: FBC 104 . 1 W/O PERMIT QUANTITY: 1 DESCRIPTION: FBC 104 . 1 W/0 PERMIT DATE: 4/08/05 LOCATION: NARRATIVE Obtain required permit (s) and inspection (s) or remove all work ORDINANCE DESCRIPTION Violation of the Florida Building Code 104 . 1, permits required. Detached carport built without permit . Accessory structure built without permit . Windows and doors replaced without permits . Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Terrell McCombs, second by Tim McLeod to give the respondent 30 days to comply or thereafter a fine of $125.00 per day would be levied. Motion carried by unanimous vote. Case #05-1389 J. Glezelis LLC, 4627 SW 34 Terrace Inspector: Gary Phaneuf Violations: Ch 28, Zon, Sec 4.20 2 photos entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Motion by Tim McLeod, second by Judy Jensen to give the respondent 30 days to comply or thereafter a fine of $100.00 per day would be levied. Motion carried by unanimous vote. Case#05-1476 Veneza Villas LLC, 4432 SW 52 Street Inspector: Eric Baker Violations: Ch 13, Art II, Sec 13-34abc 3 photos entered into evidence Present for the Defendant: No representative Disposition: Property is still in violation. Motion by David Nuby, second by Tim McLeod to give the respondent 30 days to comply or thereafter a fine of $50.00 per shall be levied. Motion carried by unanimous vote. Case# 05-1233 Victoria L Sando, 3061 Marina Drive Inspector: William Dubisky Violations: Ch 8, Sec 8-215a3; Ch 13, Art 11, Sec 13-34 abc; Ch 14, Sec 14-2 2 photos entered into evidence Dania Beach Code Board Summary Minutes 5 December 5, 2005 AGENDA REQUEST FORM CITY OF DANIA Date: June 18, 2007 Agenda Item#: '• 7 Title: Request for Abatement �� Requested Action: Consideration of the Abatement Request for: Ana & Roberto Aguilera, 274 SW 7 Street, Case #06-0755 Summary Explanation & Background: This was originally cited on May 1, 2006 for 5 violations and was given 30 days to comply. This went to the Special Magistrate on 8/14/06 for 5 violations. The Special Magistrate issued an order giving the respondent 45 days to comply or a fine of$100.00 per day would be levied. The compliance date was 10/15/06. The fine was confirmed at the 3/05/07 Special Magistrate hearing. The property was brought into compliance on 4/02/07. The fine ran from 10/15/06 thru 4/02/07 @ $100.00 per day for 169 days = $16,900.00 plus the recording fee of$159.50 which totals $17,059.50, At the Special Magistrate hearing on 5/21/07, the abatement request was recommended to$1,200.00. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 8/14/06, 3/05/07, and 5/21/07 Special Magistrate hearings. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: Code Compliance Special Magistrate, after hearing the testimony and based on recommendations, the Special Magistrate recommended abating the amount to$1,200.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0755 municipal corporation PETITIONER vs. ANA & ROBERTO AGUILERA RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on August 14, 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(s) and the subject matter of this action; and b. Petitioner, City of Dania Beach, and Respondent(s), Ana & Roberto Aguilera, executed a Stipulation which is approved by the Code Enforcement Special Magistrate and incorporated into this order by reference. C. Respondent(s), Ana & Roberto Aguilera, did allow the following code violations to exist at property Respondent(s) own located at 274 SW 7 Street, Dania Beach, Florida, FINAL ORDER #06-0755 PAGE 2 which property is legally described as: DANIA HEIGHTS ADD 28-19 B LOT 23: (#1203 05 0230): 1. Chapter 8, Buildings, Article II, Property Standards, Section 8-21(a)(5)(d). Minimum Standards for dwellings, hotels and rooming houses. Failure to cover all open ground spaces with sod. 2. Chapter 8, Article Il, Property Standards, Section 8-21(a)(5)(a), (1)&(2). Minimum standards for dwellings, hotels and rooming houses. Maintenance and appearance standards. Buidling exterior surface is deteriorated. Failure to pressure clean or paint the building. 3. Florida Building Code 104.1. Window and door permits required. Failure to obtain permits for windows and doors installed. 4. Florida Building Code 104.1. Fence permit required. Failure to obtain permits for fence constructed on property. 5. Florida Building Code 104.1. Air conditioner permit required. Failure to obtain permits for air condition installed. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Ana & Roberto Aguilera: (a) has/have been found to be in violation of the above described code sections listed in paragraph c.(1) through c.(5). A fine of $100.00 per day will begin running 45 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(s), Ana & Roberto Aguilera, for the foregoing violations listed in paragraphs c.(1) through c.(5), a fine of $100.00 per day, to begin running 45 days from the date this order is signed by the Code Enforcement Special Magistrate. The fine shall continue until said violations come into compliance with said sections of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent(s) has/have complied. If the Respondent( s does/do not notify the City's Code Enforcement Department, an officer will not Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0755 PAGE 3 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(s). 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 �Uqi , 2006. CODE ENFORCEME ECIAL MAGISTRATE By: ar . Berman, E Notary Seal: Sworn and subscribed before me this day of _ 2006. NOTARY PUBLIC STATE OF FLORET Mark E. Berman is personally known to me. ;« PEAS? Notary A+DIb•saf.of Fwnda CommWbn I amwil.DO Jm CERTIFICATE OF SERVICE �stNNgftXANfobrVAaa I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Ana & Roberto Aguilera, this 3 day of , 2006. CERTIFIED MAIL 7001 1940 0002 6631 2231 atR° ACTING 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 # 06-0755 Municipal corporation PETITIONER, FINAL ORDER VS. ANA & ROBERTO AGUILERA 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 Eric Walton on the City's Motion to Confirm Fine held on the 5T" day of March 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 315t day of August 2006, a Final Order in the above captioned case commanding the Respondent(s), Ana & Roberto Aguilera, to bring violation(s) specified in said Final Order into compliance on or before the 15t" day of October SUPPLEMENTAL ORDER #06-0755 2006, or pay a fine in the amount of $100.00 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: DANIA HEIGHTS ADD 28-19 B LOT 23 (1203 05 0230). 3. That the Respondent(s), Ana & Roberto Aguilera, 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), Ana & Roberto Aguilera, 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 a(a Day of P1rtk-* 2007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #06-0755 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By-aZa" Gordon Linn, Es . Sworn to and subscribed before me this - L day of MAf-c 2007, by Gordon Linn, who is personally known to me. ELESTER fiARCIA S01►o"Pu*-Sto d FbM� cA nnilbe E*n Oct18,2010 CR i" tD ""71 NOTARY PUB C STATE OF FLORIDA " NN OWNOW7AM CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Ana & Roberto Aguilera, this day of Ma.?-/—H 2O07. CERTIFIED MAIL # 7006 2760 0004 7108 0020 C ODE COM ANCE SPECIAL M GISTRATE CLERK Also sent regular mail AMR Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Fl 33004 FLORIDA �Y. � May 1, 2006 ANA & ROBERTO AGULIERA Case Number: 06-00000755 274 SW 7 ST DANIA, FL 330043948 Location: 274 SW 7 ST Folio: 5142-03-05-0230 Legal Description: DANIA HEIGHTS ADD 28-19 B LOT 23 Dear ANA 6 ROBERTO AGULIERA: You are hereby notified that you are presently in violation cf 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 ,3 r;z - inspection by May 31, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special - Magistrate, as provided by law. If the violation is correc�_ed 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 ne. Sinceky, THEOD PE CODE I EC I certify that an original hereof was furnished to the above , named addressee by: Certified Mail # 7001 1940 0002 6630 9927 by HELEN CEASER - 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 DTavlBZR 06-00000755 PROPERTY ADDRESS 274 SW 7 ST -------------------------------------------------------------- VIOLATION: CH. 8,ARTII, SEC. 8-21 (A) 5D QUANTITY: 1 DESCRIPTION: CH. 8,ARTII , SEC. 8-21 (A) 5D MS DATE: 5/01/06 LOCATION: NARRATIVE All open spaces not covered by hard surface shall be covered with sod. ORDINANCE DESCRIPTION Violation of Chapter 8 Buidlings, Article II, Property Standards; Section 8-21 (a) (5) d. Minimum standards for dwellings, hotels and rooming houses. Live vegetative material, as determined by the city, shall provide complete coverage of the entire yard area exposed to public view. Height shall conform with all applicable city ordinances . -------------------------------------------------------------- VIOLATION: CH. BARTII SEC 8-21 A5A1&2 QUANTITY: 1 DESCRIPTION: CH. BARTII SEC 8-21 A5A1&2PAINT DATE: 5/01/06 LOCATION: NARRATIVE Remedy will be to pressure clean or paint and maintain building. ORDINANCE DESCRIPTION Violation of Chapter 8, Article II - Property Standards; Section 8-21 (a) (5) (a) , (1) & (2) ; Minimum Standard for dwellings, hotels and rooming houses. Maintenance and appearance standards . The exterior of all premises and every structure thereon, including all parts of the structure and apurtenance where exposed to the public view, shall be maintained in good condition and shall not show evidence of deterioration, weathering, or discoloration. All surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected. Painted surfaces shall be maintained free of graffiti, peeling paint and with uniform colors void of any evidence of deterioration. ------------------------ --------------------------- ---- - - - --- - VIOLATION: FBC 104. 1 WIND/DOORS QUANTITY: 1 DESCRIPTION: Fbc 104. 1 Wind/Doors DATE: 5/01/06 LOCATION: NARRATIVE Obtain windows and doors permit (s) and inspections within (30) days or remove all work. ORDINANCE DESCRIPTION : Violation of 104 . 1 of the Florida Building Code, windows and doors permit (s) required. ------- -------------------------- ------------------ ----- ------ VIOLATION: FBC 104. 1 FENC QUANTITY: 1 DESCRIPTION: Fbc 104. 1 Fenc DATE: 5/01/06 LOCATION: VIOLATION DETAIL PAGE 2 CASE NLMBER' 06-00000755 PROPERTY ADDRESS 274 SW 7 ST NARRATIVE : CONTINUED Obtain fence permit (s) and required inspections within (30) days or removed all work. ORDINANCE DESCRIPTION : Violation of Chapter 104 . 1 of the Florida Building Code, fence permit (s) required. --- ------------------------------------- ---------------------- VIOLATION: FBC 104. 1 AIR CONDITIONER QUANTITY: 1 DESCRIPTION: Fbc 104. 1 Air Conditioner DATE: 5/01/06 LOCATION: NARRATIVE Obtain air conditioner permit (s) and inspections within (30) days or remove all work. ORDINANCE DESCRIPTION : Violation of 104 . 1 the Florida Building Code, air conditioner permit (s) required. AGENDA REQUEST FORM CITY OF DANIA Date: June 18, 2007 Agenda Item#: 3. 00 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Ali Masaei, Bakari Miller, 1001 SW 12 Avenue, Case#06-0854 Summary Explanation & Background: This was originally cited on May 22, 2006 for 1 violation and was given 15 days to comply. This went to the Special Magistrate on 8/14/06 for 1 violation. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$100.00 per day would be levied. The compliance date was 9/30/06. The fine was confirmed at the 1/22/07 Special Magistrate hearing. The property was brought into compliance on 5/03/07. The fine ran from 9/30/06 thru 5/03/07 @ $100.00 per day for 215 days = $21,500.00 plus the recording fee of$159.50 which totals $21,659.50. At the Special Magistrate hearing on 6/04/07, an abatement recommendation was made to $5,000.00. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 8/14/06, 1/22/07, and 6/04/07 Special Magistrate hearings. Purchasing Approval: 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 $5,000.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-0854 municipal corporation PETITIONER, vs. ALI MASAE, BAKARI MILLER RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on August 14, 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(s) and the subject matter of this action; and b. Respondent(s), Ali Masaei, Bakari Miller did allow the following code violation(s) to exist at property Respondent(s) own located at 1001 SW 12 Ave, Dania Beach, Florida, which property is legally described as: COLLEGE TRACT 19-9 B LOT 3 BLK 1 (# 1203 34 0030): 1. Chapter 8 Property Standards, Article II, Section 8-21(b)(4)(a), Failure to obtain permit and replace damaged roof which is in a state of disrepair. Roof surface shall be kept watertight and in a good state of repair. FINAL ORDER #06-854 PAGE 2 Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Ali Masaei, Bakari Miller: (a) has/have been found to be in violation(s) of the above described code section(s) 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 Code Enforcement Special Magistrate. The City of Dania Beach shall have and recover from Respondent(s), Ali Masaei, Bakari Miller, for the foregoing violation(s) 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 Code Enforcement Special Magistrate. The fine shall continue until said violation(s) comes/come into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent(s) has/have complied. If the Respondent(s) does/do 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(s). 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 31 day of 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-854 PAGE 3 CODE ENFORCEM PECI AGISTRATE By: Mark t:�y Notary Seal: Sworn and subscribed before me this day of 2006. 46�-al � Q I au-a� NOTARY PUBLIC STATE OF FLORIDA Mark E. Berman is personally known to me. ............ sltnrttnNN PenrtsoN Notary Pubbe•Sat.of Padda fNVocrrr'hft84*ft M7y 11,2= CERTIFICATE OF SERVICE ""all,.!5 c0'nmwan#DD31S233 Wnded By Naaonol NWoryAm I CERTIFY that a copy of the foregoing Final Order was mailed-to the Respondents, Ali Masaei, Bakari Miller, this 31 day of 2006. CERTIFIED MAIL #7001 1940 0002 6631 1784 ACTING 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 # 06-0854 Municipal corporation PETITIONER, FINAL ORDER vs. BAKARI ALI MASAEI MILLER 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 Eric Walton 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 315t day of August 2006, a Final Order in the above captioned case commanding the Respondent(s), Bakari Ali Masaei Miller to bring violation(s) specified in said Final Order into compliance on or before the 30th day of September SUPPLEMENTAL ORDER #06-0854 2006, or pay a fine in the amount of$100.00 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: COLLEGE TRACT 19-9 B LOT 3 BLK 1 (1203 34 0030). 3. That the Respondent(s), Bakari Ali Masaei Miller, 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), Bakari Ali Masaei Miller, 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 Day of 2007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER #06-0854 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By: M rk E. Ber n, Esq. Sworn to and subscribed before me this g day of 2007, by Mark E. Berman, who is personally known to me. f— LE ER GARCIA N "PU*-Snb d fbk� Az CumnjWW EVW Ocl1E,1010 Cwm*m0DDO 679 NOTARY PUB STATE OF FLORIDA .R:, Badge NdadNoMryAfm. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Bakari Ali Masaei Miller, this day of 2007. CERTIFIED MAIL # 7006 2760 0004 7017 5668 4 CODE COMP NCE SPECIAL MA ISTRATE CLERK Also sent regular mail xc: Bakari Ali, Masaei Miller c/o Bianca Miller, 5740 NW 27th Court, Lauderhill, FL 33313 Certified Mail 7006 2760 0004 7017 5675 /SM Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, F1 33004 Beachr r; FLORIDA i May 22, 2006 ALI MASAEI, BAKARI MILLER Case Number: 06-00000854 1001 SW 12 AVE DANIA BEACH, FL 33004 Location: 1001 SW 12 AVE Folio: 5142-03-34-0030 Legal Description: COLLEGE TRACT 19-9 B LOT 3 BLK 1 Dear ALI MASAEI, BAKARI MILLER: 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 06, 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. M Sinc ely�) THEOD PI Z CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6631 4273 by HELEN CEASER 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 CASE NUMBER 06-00000854 PROPERTY ADDRESS 1001 SW 12 AVE - ------------------------------------------------------------- l VIOLATION: CH. 8,ART. II„ SEC. 8-21B4A QUANTITY: 1 DESCRIPTION: CH. 8,ART. II , SEC.8-21 (B) (4)A DATE: 5/22/06 LOCATION: I NARRATIVE I Obtain roof permit and replace damaged roof material which is in a state of disrepair. Make roof watertight and eliminate the blighting influence condition causing a reducting of value to surrounding properties. ORDINANCE DESCRIPTION : Violation of Chapter 8, Article II, Property Standards; Section 8-21 (b) (4) a. General Requirements for all dwellings, dwelling units, hotels, hotel Units, rooming houses, and rooming units. Foundations, floors, walls, ceilings, roofs, windows and doors and all other building parts shall be structurally sound, weather-proof, watertight and rodentproof, and shall be kept in a good state of repair. Roof surfaces shall be watertight . AGENDA REQUEST FORM CITY OF DANIA Date: June 18, 2007 Agenda Item Title: Request for Abatement VVV Requested Action: Consideration of the Abatement Request for: Zion &Yahudith Fadlon, 4940 SW 26 Terrace, Case#06-1290 Summary Explanation & Background: This was originally cited on September 14, 2006 for 4 violations and was given 14 days to comply. This went to the Special Magistrate on 11/13/06 for 4 violations, The Special Magistrate issued an order giving the respondent 45 days to comply or a fine of$125.00 per day would be levied. The compliance date was 1/18/07. The fine was confirmed at the 4/09/07 Special Magistrate hearing. The property was brought into compliance on 3/16/07. The fine ran from 1/18/07 thru 3/16/07 @$125.00 per day for 57 days = $7,125.00 plus the recording fee of $168.00 which totals $7,293.00. At the Special Magistrate hearing on 6104/07, an abatement recommendation of 50% was made to $3,646.50. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (3) Copy of the original violation letter issued. (4) Copy of the minutes from the 11/13/06, 4109/07, and 6/04/07 Special Magistrate hearings. Purchasing Approval: 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 $3,646.50 which is 50% of the amount. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City 9 City Manager C i Clerk CODE COMPLIANCE SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1290 Municipal Corporation PETITIONER, vs. ZION & YAHUDITH FADLON RESPONDENT(S) FINAL ORDER OF THE DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on November 13, 2006, after notice. Based upon the evidence presented, the Code Compliance Special Magistrate makes the following findings of fact and conclusions of law: a. The Code Compliance Special Magistrate has jurisdiction of the Respondent(s) and the subject matter of this action; And b. Respondent(s), Zion & Yahudith Fadlon, did allow the following code violation(s) to exist at property Respondent(s) own(s), located at 4940 SW 26 Terrace, Dania Beach, Florida, which property is legally described as: REED LAND CO SUB 2-32 D 32- FINAL ORDER #06-1290 PAGE 2 50-42 LOT 9 S 38.25 OF N 531.25 LESS W 185 & LESS E 300 BILK 1 AKA: PT PAR 0, S P UNREC (# 02-32-02-0091): 1. DBCC 13-69(D) bulk trash schedule. Bulk trash must be put out for pickup prior to the Friday immediately preceding the week that pickups are scheduled in the designated area. Bulk trash put out on property before approved time. Failure to remove bulk trash from subject property. 2. DBCC 14-2(a) Junked/Abandoned Vehicles. It is unlawful to park, store or allow parking of any junked and abandoned vehicle upon any private property unless vehicle is completely enclosed within a building. There is a junked or abandoned vehicle parked on the property. Failure to remove junked and abandoned vehicle. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent(s), Zion & Yahudith Fadlon: (a) has/have been found to be in violation of the above described code section(s) listed in paragraph b. (1) through b.(2). A fine of $125.00 per day will begin running 45 days from the date this order is signed by the Code Compliance Special Magistrate. The City of Dania Beach shall have and recover from Respondent(s), Zion & Yahudith Fadlon, for the foregoing violation(s) listed in paragraph b. (1) through b.(2), a fine of $125.00 per day, to begin running 45 days from the date this order is signed by the Code Compliance Special Magistrate. The fine shall continue until said violation(s) comes/come into compliance with said section(s) of the City Code upon requested inspection. Upon complying, the Respondent(s) must 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. If the Respondent(s) does/do not notify the City's Code Compliance 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(s). Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-1290 PAGE 3 In the event this Final Order is recorded as a lien, a charge will be imposed to record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward County, Florida, this (' _ day of pe Cem-m� 2006. CODE COMPLIANCE SPECIAL MAGISTRATE By: _ - Mari Berman, Esq. r: ondldLESTER' GNRCU yyBNMY PuE -ShM off pd CWV11@W EVkn Oct 18.2 10i6cww4wm t W SM7W t1MoWHAn Notary Seal: Sworn and subscribed before me this day of DELE143ER 2006. 7NOTA7PUBLIC STATE OF FLORIDA Mark Berman is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent(s), Zion & Yahudith Fadlon , this 9 day of er—r 1-33E7_ 2006. CERTIFIED MAIL # 7006 0810 0003 7726 0986 J/z C E COMPLIANCE ECIAL MAGISTRATE CLERK Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 330G4 FINAL ORDER #06-1290 PAGE CC: First Class Standard Mail FILE COPY 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 CASE NO. 06-1290 Florida municipal corporation, Petitioner, _vs_ Zion & Yahudith Fadlon Respondent/ ORDER IMPOSING FINE The CITY OF DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE, 100 West Dania Beach Boulevard, Dania Beach, Florida, 33004, having received the Affidavit and testimony of Code Officer Gary Phaneuf, 13`h day of November, 2006, and in accordance with Florida Statute 162.09, the Code Compliance Special Magistrate states as follows: 1. On the 4th day of December, 2006, a Final Order in the above-captioned case was entered by the Code Compliance Special Magistrate commanding the Respondent, Zion & Yahudith Fadlon, to bring the violations specified in said Final Order into compliance on or before the 181h day of January, 2007, or pay a fine in the amount of $125.00 per day for each day of non-compliance thereafter. 2. The violations found by the Code Compliance Special Magistrate and entered in the Final Order occurred on the following described real property situate, Order Imposing Fine Case#06-1290 lying and being in Broward County, Florida, to-wit: REED LAND CO SUB 2-32 D 32-50- 42 LOT 9 S 38.25 OF N 531.25 LESS W 185 & LESS E 300 BLK 1 AKA: PT PAR O, S P UNREC (# 02-32-02-0091) 3. Respondent, Zion & Yahudith Fadlon, 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 March 261h, 2007, when the Respondent complied with said final order. 5. The fine accrued for a period of 57 days at $125.00 per day for a total fine of$ 7125.00 . 6. The fine shall constitute a lien against the above-described real property and it shall be a lien against any other real or personal property owned by Respondent. In the event the Final Order and the Order Imposing Fine are recorded as a lien, a charge will be imposed for recording the lien and any lien satisfaction. DONE and ORDERED at Dania Beach, Broward County, Florida, this day of �_I 2007. DANIA BEACH CODE COMPLIANCE LESTERGARCIA SPECIAL MAGISTRAT Notary Public-sto al FW& Comm"M ExpYr+e OQ 18 2010 Commissw 0 DO 006674Nowy Am. B y. Mark Ber Esq. SWORN TO and SUBSCRIBED BEFORE me this �_day of 1 � 2007 by l — I�Q'J who is p rsonally known to me. Notary Publi Atate 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#06-1290 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, Zion & Yahudith Fadlon, this Ll day of VX , 2007, via U. S. First Class mail and U. S. Certified Mail No. 7006 2760 0004 7017 9291 CODE COMPLIA E SPECIAL MAGIS RATE CLERK Also sent regular first class mail amr Return to Patricia Varney,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 dMWW '! i FLORIDA r September 14, 2006 ZION & YAHUDITH FADLON Case Number: 06-00001290 4940 SW 26 TER FT. LAUDERDALE, FL 333125938 Location: 4940 SW 26 TER Folio: 5042-32-02-0091- Legal Description: REED LAND CO SUB 2-32 D 32-50- LOT 9 S 38 .25 OF N 531.25 LESS W 185 & LESS E 300 BLK 1 AKA: PT PAR O,S P UNREC Dear ZION & YAHUDITH FADLON: 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 28, 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 EUF CODE PECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8259 0027 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 V 1VLk111VLV L)k;IAiL PAGE 1 CA E NUMBER 06-00001290 PROPERTY ADDRESS 4940 SW 26 TER ------------------- --------- ---------------------------------- VIOLATION: CE013034001001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (a) Nus Accumulation DATE: 9/14/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (a) states it is unlawful for any owner or operator of premises within the city to allow the accumulation of or to accumulate any garbage, litter, trash, stagnant water, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the premises . CORRECTIVE ACTION REQUIRED Remove any garbage, litter, trash, stagnant water, untended vegetation, or discoloration, or any nuisance as defined in section 13-21 from the premises and maintain the property in accordance with all applicable city ordinances. -------------------------------------------------------------- VIOLATION: CE013034003001 QUANTITY: 1 DESCRIPTION: DBCC 13-34 (c) Untended Veg DATE: 9/14/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-34 (c) states the owners and operators of all improved property within the city shall not permit untended vegetation upon such property and the public rights of way, swales, and/or canal banks . Untended vegetation includes all grass, weeds, and underbrush in excess of eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation. CORRECTIVE ACTION REQUIRED : Cut all untended vegetation and maintain the property and the public rights of way, swales, and/or canal banks as required by code. Insure all grass, weeds, and underbrush are below eight (8) inches in height from the ground, and any overgrown vines and similar other vegetation are removed. ------------- -------- - - - --- --- - ---- - ----------- ---- --------- - - VIOLATION: CE013069004001 QUANTITY: 1 DESCRIPTION: DBCC 13-69 (d) Bulk Trash Sched DATE: 9/14/06 LOCATION: ORDINANCE DESCRIPTION DBCC 13-69 (d) states that bulk trash, as described in 13-69, must not be put out for pickup prior to the Friday immediately preceding the week that pickups are scheduled in the designated area. CORRECTIVE ACTION REQUIRED Remove all bulk trash from the subject property, and put r V1UUgi1UN llC'1'AiL PAGE 2 -ASE NUMBER 06-00001290 PROPERTY ADDRESS 4940 SW 26 TER CORRECTIVE ACTION REQUIRED : out for pickup no earlier than the Friday immediately preceding the week that pickups are scheduled in the designated area. ------------------------------------------ -------------------- VIOLATION: CE014002001001 QUANTITY: 1 DESCRIPTION: DBCC 14-2 (a) Junk/Abd Vehicles DATE: 9/14/06 LOCATION: ORDINANCE DESCRIPTION DBCC 14-2 (a) states it is unlawful to park, store, have, or permit parking or storage of any junked and abandoned vehicle of any kind or parts thereof upon any private property unless the vehicle is completely enclosed within a building or is in connection with an approved business and licensed as such. CORRECTIVE ACTION REQUIRED Remove any junked and abandoned vehicle (s) or parts thereof, completely enclose the vehicle (s) within a building, or obtain all permits, licenses, and approvals to maintain the vehicle (s) on the subject property.