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HomeMy WebLinkAbout31055 - MINUTES - City Commission MINUTES OF SPECIAL COMMISSION MEETING DANIA FLORIDA HELD ON AUGUST 26, 19 -1- The City Commission of the City of Dania, Florida, hold a special Commission meeting in the City Commission Room, Dania City Hall, August 26, 2968, at 8:00 P . M. . ® Mayor-Commissioner Kelly asked the Clerk to call the roll and the following Commissioners and city officials were present: Mayor - Commissioner - Robert Kelly Commissioners - Robert E. Houston - Richard Marant ® - Joseph Thornton - Boisy N. Waiters City -Manager - Stanley B. Goldberg City Attorney - Clarke Walden Chief of Police - Donald Parton Building Inspector - Hubert Walker Mayor Kelly said the purpose of this meeting was to approve a federal rent supplement for the city's low-income families . Federal Rent Supplement Program - Resolution Adopted and Effective ter ity ttorney ar a Walden rea t e reso u ion on a ederal • Rent Supplement Program, Commissioner Waiters moved that the resolution be adoptive and effective immediately, and Commissioner Marant seconded the motion. There was vigorous discussion by Commissioner Thornton to introduce a letter to the Commission at this time, and Mayor Kelly said the material in the document was not germane to the resolution at hand and ruled the document not be read into the record. There being no further • discussion, the Commissioners voted as follows: Houston Yes Marant Yes Thornton No Waiters Yes ® Kelly Yes Motion passed, Dilapidated Houses -Burned Out Structures - Resolution Adopted and Effective City .Attorney Walden, a ter iscussions wit ommissloner alters earlier in the year, submitted a letter dated August 26, 1968, to the ® Commission from himself, which dealt with dilapidated buildings through- out the city, as well as abandoned and burned out structures. This letter cites his opinions as to how the city can clear lands in the city of these buildings and is attached hereto for permanent record. City Attorney further submitted a resolution for possible Commission action, which reso- lution is entitled, "A resolution implementing Section 16-7 and Section • 16-8, Code of Ordinances, City of Dania, Florida, by prescribing and directing a procedure to be followed with respect to the tearing down, destruction and removal of burned out wooden frame structures in the City of Dania, Florida; and providing that this resolution shall take effect immediately upon its passage and adoption; and repealing all resolutions or parts of resolutions in conflict herewith." • Commissioner Houston recommended that a list be prepared of the condemned houses and bids be put out to contractors to tear down these structures . After further discussion, City Attorney Walden said the : esolution to be adopted would be amended to read, in part, that: • 1 ) the work be done by an outside contractor after the city had obtained two or three bids; and 2) that the money to be spent by the city, per parcel, not exceed $300.00. • 8/26/68 -1- iA� I' 1 -' MINUTES OF SPECIAL COMMISSION MEETING DAIJIA FLORIDA 11ELD ON AUGUST 6, 19 -; Dilapidated Houses - Burned Out Structures - Resolution Adopted and Effective ..,. , , There being no further discussion, ommissioner arant move that 1 the resolution presented with respect to tearing down, destruction and removal of burned out wooden frame structures in Dania, including the III two aforementioned amendments be adopted and effective immediately. • Commissioner Thornton seconded the motion and the Commissioners voted as follows: Houston Yes Marant Yes • Thornton Yes Waiters Yes Kelly, Yes Motion passed. Junk Cars - • — layor Kelly spoke on the subject of junked cars . He said the city needs to resolve the problem of an excessive number of junk cars in the yards of the homes on the West Side of the city and certain persons who are engaging themselves in the junk car business on these premises as well as the matter of cars being junked in the streets and in the lots. Commis- sioner Thornton said he believed the city's zoning classifications would • take care of irregularities as well as lack of having an occupational license. After discussion, Chief of Police Parton was instructed by Mayor Kelly, members of the Commission concurring, that he was authorized to have removed, in cooperation with the City Manager's office, junked cars ® from the streets and lots, and to arrest, if necessary, persons who were illegally engaged in the junked car business (stripping cars and selling parts) . Further, he was authorized to contact the owners of lots where cars were being junked, and, if these property owners did not see that the vehicles in question were removed from the property by their owners, the property owners would be liable to arrest for violations of city ordinances. • Library Board - Bills Approved - Donation On motion o ommC�issioner Marant, seconded by Commissioner Houston and unanimously passed, the Commission approved payment to the Library Board, a budgeted account, a contribution of $2,000.00. • Adjournment On motion made, seconded and unanimously passed, the Commission adjourned its special meeting at 9:30 P. M. . Respectfully submitted, • i y omm ssi er o Kelly X. lay, City C er -Auditor • (gh) :z 8/26/68 -2- C,LARKE WALDEN ATTOB\CY AT LAW DANIA, FLORIDA ROBERT E.DUBOW August 26, 1968 Mayor-Commissioner Robert B. Kelly Commissioner Robert Houston Commissioner Richard Marant Commissioner J. D. Thornton Commissioner Boisy N. Waiters Re: Our file number M-2490-W 1. Resolution to remove burned out wooden frame structures; and 2. Suggested procedure with respect to destruction of other buildings in the city that are not habitable Gentlemen: Over the years, the city has always had the problem several times a year concerning the existence of structures which have been abandoned and which do not comply with the building code. By and large, we have simply written letters to the record owners demanding that they remedy the particular situations which exist. The pro- cedure is largely a police type of action which requires notice and possible pressure being asserted by the city and its employees. It has been my opin- ion that such procedure has been effective even though somewhat informal in nature. A few months ago, Commissioner Waiters mentioned to me numer- ous dilapidated buildings which evidently exist all over the city. He gave me a lengthy list, by street address, of the lots in question. It was necessary that I return the street addresses to him as we should have legal descriptions if we want to proceed. More recently, he did give to me legal descriptions f concerning a number of lots where he felt that the improvements amounted to nuisances. Last week, I visited certain areas of the city with Commissioner Waiters and, in my judgment, there are really two types of situations. One situation is where there is an old burned out wooden frame struc- ture. In most cases, all that is left are the charred remains. Actually, in a legal sense, I do not consider that any building improvement (which would be considered in the nature of realty) continues to exist on the property and that the charred remains really amount to debris or rubbish. Under the po- lice powers of the city, it is my opinion that the city actually has the author- ity to clear such properties at once, without notice, if the city is willing to assume the expense of doing the work. On the other hand, if the city wishes to impose a lien for the work ® CLARICE WALDEN August 26, 1968 ® Page Two. that it does, I think some notice to the owner is required. We have always ® had Section 16-7 and Section 16-8 in the Code and I think that such section gives ample authority to the city manager to proceed. Nevertheless, I am proposing a supplemental resolution which will require that photographs be taken and that a careful 'effort be made to deter- mine the name and address of the record owner. The photographs will be ® useful if the record owner later questions the condition of his building. The particular resolution contemplates that no great expense will be involved and that the clearing can be done by the director of public works. The other basic type of structure which appears to exist in the city ® are those structures which appear to be somewhat dilapidated and which prob- ably do not comply with the building code at this time. The city has the right to destroy structures only if they are so unsanitary or unsafe or otherwise hazardous as to constitute a public nuisance. I have always been somewhat reluctant to suggest to the city that it become heavily involved in destroying ® marginal structures as it may well find itself open to a law suit if it des- troys a building that really did not amount to a public nuisance. As to the marginal buildings, I would imagine that the city will want to let out the destruction of same on bids to wrecking contractors. The char= O ter allows the destruction of such buildings if we go through all the procedure required by the special assessment sections of the charter, namely, the preparation of a resolution of necessity, the advertisement for bids, the hearing for objections, the adoption of a resolution to proceed and the adop- tion of a resolution confirming the assessment list. ® From a practical standpoint it would seem that the city must de- termine the availability of special assessment funds if it wants to undertake new wholesale destruction of marginal buildings within the city. As to the marginal buildings, I suggest that a list be prepared and • that preliminary estimates be obtained as to the cost of removing same. If the commission decides it then wants to proceed, the first step is the adop- tion of a resolution of necessity. Yours very truly, Clarke Walden • CIN/sc o.