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HomeMy WebLinkAbout22331 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JULY 19, 2007 - 6:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro City Manager: Ivan Pato City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Commissioner: Patricia Flury City Attorney: Tom Ansbro Commissioner Bertino motioned to excuse the absence of Commissioner Flury; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes 3. Abatement Requests 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case #02-3248, for property located at 750 NE 71h Avenue (40235-17-0030) (Continuedfrom March 15, 2007 and May 17, 2007) Attorney Tim Ryan advised staff is requesting a continuance until the September 20, 2007 Abatement Hearing, Commissioner Bertino motioned to continue the case until the September 20, 2007 Abatement Hearing at 6:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Item #3.2 was heard after Item #3.8 3.2 Request for abatement for Valerie Velella, Case #06-0173, for property located at 609 NW 8h Street (#0234-25-0500) Attorney Tim Ryan advised this case was for two violations: failure to paint or pressure clean and maintain building; and storage or parking of junked, abandoned or unlicensed vehicles upon private or public property. The fine ran for approximately nine months and the total amount of the lien is $43,050.00. The Special Magistrate recommended abating the lien to $4,350.00. Valerie Vellella advised she was unaware of the violations because her roommate did not tell her of the notice of violation. She noted one of the vehicles was registered, although the tag was not properly displayed. Ms. Vellela further indicated that the property is currently for sale, which is how she discovered the City had a lien on the property. Commissioner Bertino motioned to abate the lien to $4,350.00, to be paid within 45 days; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Items #3.3, #3.4 and#3.5 were heard together, as they relate to the same property owner. 3.3 Request for abatement for William T. and Norma L. Parker, Case #04-1318, for property located at 3951 SW 5151 Street (#0231-10-0010) 3.4 Request for abatement for William T. Parker, Case 905-1158, for property located at 3951 SW 51s` Street (#0231-10-0010) 3.5 Request for abatement for William T. Parker, Case 406-0661, for property located at 3951-3953 SW 51" Street (#0231-10-0010) Attorney Tim Ryan advised in the first case, the property was cited for four violations: failure to repair, replace or remove fence that is in disrepair; failure to remove all inoperative and unlicensed vehicles; failure to remove miscellaneous trash, debris and leaves; and failure to remove objects not allowed in open air storage. The fine ran for a total of 623 days for a total of $62,476.50, including recording fee. The Special Magistrate recommended an abatement of fifty percent of the amount($31,150.00). Attorney Tim Ryan advised in the second case, the property was cited for two violations: failure to obtain an Occupational License and failure to display the property address on the building. The fine ran for 255 days for a total of $38,426.50, including recording fee. The Special Magistrate recommended abating the lien to $19,213.25, which is fifty percent of the amount. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,July 19, 200, —6:00 p.m. Attorney Tim Ryan advised in the third case, the property was cited for one violation of allowing a broken drain cover to remain on the property. The fine ran for three days for a total of $476.50, including recording fee. The Special Magistrate recommended abating the lien to $200.00. Richard Bagdasarian, Attorney for the applicant, advised Mr. Parker's mother passed away and left him the property, which was occupied by his brother and sister. The applicant is a single parent, has a disabled child and his home in Tamarac is currently in the foreclosure process. He requested, on behalf of his client, one hundred percent abatement of the fine because this is a real hardship. Mr. England, Real Estate Agent, noted they hired an Attorney to evict the tenants for non- payment of rent. He showed the Commission photos of the properties. Attorney Bagdasarian explained that Mr. Parker did everything in his power to be in compliance. The property originated from an estate, because he never collected rent from his relatives living in the properties, it was hard for him to have the necessary cash flow to take care of maintaining the site. Once the tenants moved out, he was able to have the yards cleaned. Attorney Bagdasarian pointed out that the property has been sold and the money is in escrow. Vice-Mayor Jones motioned to abate the total liens to $21,000.00, to be paid within 30 days; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes 3.6 Request for abatement for Adolfo E. Berrios & Zoja Fahmy, Case 405-0613, for property located at 43 SE 10`h Terrace (41203-13-0360) Attorney Tim Ryan advised the property was cited for two violations: failure to obtain an Occupational License, and failure to obtain permits and inspections for the construction of a detached carport, accessory structure, and window and door replacements. The fine ran for 364 days for a total of $45,712.00, including recording fee. The Special Magistrate recommended abating the lien to $20,000.00. Edward Holiday, Attorney for the applicant, noted this is his client's primary home and he does not understand why an Occupational License is required. The renderings presented to the City for the construction and installation of the carport were done by the applicant, therefore permits were not issued until they were signed by an architect. Attorney Holiday pointed out the applicant has made several improvements to their home and has obtained permits for each of the changes/additions. He indicated that they are good residents who are trying to enhance their property. Ms. Fahmy noted the property is a duplex and is rented. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, July 19, 2007—6:00 p.m. Nick Lupo, Chief Code Compliance Officer, confirmed the property is a legal duplex. He indicated that the work was done but the permits were never pulled and it was never inspected by the City. They provided the plans with the engineer/architect signatures, after the work was completed. He noted they let the Occupational License lapse. Commissioner Castro motioned to abate the fine completely. The motion died for lack of a second. Commissioner Bertino motioned to abate the lien to $20,000.00, as recommended by the Special Magistrate. The motion died for lack of a second. Chief Code Compliance Officer Lupo clarified for the record that the improvements were on the rental part of the property. The City requires inspections and permits to insure that construction is done correctly, for the safety of any future tenants. Mayor Anton passed the gavel to Vice-Mayor Jones and motioned to abate the lien as recommended by the Special Magistrate; seconded by Commissioner Bertino. The motion failed on the following 2-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones No Commissioner Castro No Mayor Anton Yes Commissioner Castro motioned to abate the lien to $10,000.00, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes 3.7 Request for abatement for Ana & Roberto Aguilera, Case 906-0755, for property located at 274 SW 70 Street (41203-05-0230) Attorney Tim Ryan advised the property was cited for five violations: failure to cover all open ground spaces with sod; failure to pressure clean or paint the building; failure to obtain permits for installation of doors and windows; failure to obtain permit for construction of fence; and failure to obtain permit for installation of an air conditioner. The fine ran for 169 days for a total of$17,059.50, including recording fee. The Special Magistrate recommended abating the fine to $1,200.00. Roberto Aguilera, applicant, presented photos of his property to the Commission. He confirmed he has complied with Code and permits were obtained as required. Nick Lupo, Chief Code Compliance Officer, pointed out that the applicant has worked hard to comply with Code and has greatly improved the building since the original photos. Commissioner Bertino motioned to abate the lien to $1,200.00, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 3-1 Roll Call vote: Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,July 19,2007—6:00 p.m. Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro No Mayor Anton Yes Item #3.8 was heard after Item #3.I 3.8 Request for abatement for Ali Masaei, Bakari Miller, Case #06-0854, for property located at 1001 SW 12t" Avenue (#1203-34-0030) Attorney Tim Ryan advised the property was cited for one violation: failure to obtain permit and replace damaged roof which is in state of disrepair. The fine ran for 215 days for a total of $21,659.50, including recording fee. The Special Magistrate recommended abating the lien to $5,000.00. Kurt Hilberth, Attorney for the applicant, noted his client was a mortgagee of the property. He requested the fine be reduced to zero because his client did not cause this violation and could not fix it because he did not own the property. Commissioner Bertino motioned to abate the lien to $5,000.00, to be paid within 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Item #3.9 was heard after Item #3.7 3.9 Request for abatement for Zion & Yahudith Fadlon, Case #06-1290, for property located at 4940 SW 26`h Terrace (40232-02-0091) Attorney Tim Ryan advised the property was cited for four violations: failure to remove bulk trash, and failure to remove junked or abandoned vehicle. The fine ran for a total of 57 days for a total of $7,125.00, including recording fee. The Special Magistrate recommended abatement of fifty percent ($3,646.50). Nick Lupo, Chief Code Compliance Officer, advised they have received a certified letter stating that the applicant will be out of the country until October 2007. Vice-Mayor Jones motioned to continue this case until after the applicant returns in October; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,July 19,2007—6:00 p.m. 4. Adjournment Mayor Anton adjourned the meeting at 6:55 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTO CITY CLERK MAYOR—COMMISSIONER Approved: August 14, 2007 Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,July 19,2007—6:00 p.m.