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HomeMy WebLinkAbout2007-11-15 Abatement Hearing City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 15, 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 BOULEVARD, DANIA BEACH,FL 33004,(954)924-6800 EXT.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 Ariel Edelsburg, Case #06-0848, for property located at 3333 Griffin Road(#0230-03-0300) 3.2 Request for abatement for Zion & Yahudith Fadlon, Case #06-1290, for property located at 4940 SW 26`h Terrace (#0232-02-0091) 3.3 Request for abatement for Dania Beach House LLC, Case #06-1078, for property located at 37 SW 14`h Street (#1203-10-5890) 3.4 Request for abatement for Bayard W. Spector, c/o Richard M. Mogerman, PA, Case #05-1491, for property located at 1540 Griffin Road (#0228-11-0010) 4. ADJOURNMENT AGENDA REQUEST FORM CITY OF DANIA Date: October 29, 2007 Agenda Item #: 3 / Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Anal Edelsburg, 3333 Griffin Road, Case#06-0848 Summary Explanation & Background: This was originally cited on May 24, 2006 for 3 violations and was given 30 days to comply. This went to the Special Magistrate on 9/11/06 for 1 violation. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$200.00 per day would be levied. The compliance date was 10/28/06. The fine was confirmed at the 3/05/07 Special Magistrate hearing. The property was brought into compliance on 4/05107. The fine ran from 10/27/07 through 4/05/07, 160 days @$200.00 per day = $32,000.00 plus the recording fee of$159.50 for a total of$32,159.50. At the Special Magistrate hearing on 7/09/07, Special Magistrate Gordon Linn recommended an abatement amount of$5,000.00. At the Commission Abatement hearing on 9/20/07, the Commission ordered the amount of$5,000.00 to be paid within 30 days. This is being reheard due to an error in mail service with regards to notification of the hearing date and time. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 9/11/06, 3/05/07 and 7/09/07 Special Magistrate hearings. (4) Copy of the lien total Sheet. (5) Copy of the result sheet from the 9/20/07 Commission Abatement hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 7109107 Special Magistrate hearing, the abatement was recommended to $5,000.00 from the original amount of$32,159.50. 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 # 06-0848 Municipal Corporation PETITIONER, vs. Ariel Edelsburg RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on September 11, 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, Ariel Edelsburg, did allow the following code violation to exist at property Respondent owns, located at 3333 Griffin Rd, Florida, which property is legally described as: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 13 W '/2 , 14 W '/2, 16 W '/z, 17 BLK 9 (#0230-03-0300): 1. Chapter 13, Article II, Section 13-34 A, B, C, Health and Sanitation. There is litter, trash and debris, and untended vegetation on the property. It shall be unlawful to allow the accumulation of trash, garbage, litter, miscellaneous debris stagnant water and untended vegetation. Remove all trash, litter and debris from property and cut untended vegetation. FINAL ORDER #06-0848 PAGE 2 Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Ariel Edelsburg: (a) has been found to be in violation of the above described code section listed in paragraph b.(1). A fine of $200.00 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, Ariel Edelsburg, for the foregoing violation listed in paragraph b. (1), a fine of $200.00 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 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 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. ORD RED at Dania Beach, Broward County, Florida, this day of 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #06-0848 PAGE 3 CODE ENFOR ENT SPECIAL MAGISTRATE By: Gordon Linn, Esq. .u:Sg SHAR ANN PEARSON Notary Seal: ,�� 4My Notary Public Wan-State ofFlorida,2008 _PM�it1mE>�Nlay 11.z008 commission*DD 318233 s ordied By Nalbnal Notary Assn. Sworn and subscri d efore me this 3 day of 2006. NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Ariel Edelsburg, this day of f 2006. CERTIFIED MAIL # 7004 2510 0003 0646 3142 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK cc: 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 # 06-0848 Municipal corporation PETITIONER, vs. Ariel Edelsburg RESPONDENT(S) SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Compliance Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of Code Officer Gary Phaneuf on the City's Motion to Confirm Fine held on the 5th 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 28ih day of September 2006, a Final Order in the above captioned case commanding the Respondent(s), Ariel Edelsburg to bring violation(s) specified in said Final Order into compliance on or before the 27th day of October 2006, or SUPPLEMENTAL ORDER 406-0848 pay a fine in the amount of $200.00 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: FIRST ADDITON TO CANAL GROVES 23-41 B LOT 13 W '/z, 14 W '/, 16 W 1/2, 17 BLK 9 (# 5042-30-03-0300) 3. That the Respondent(s), Ariel Edelsburg, 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), Ariel Edelsburg, 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 ep io Day of M4Rc1} 12007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMENTAL ORDER 406-0848 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By. Gordon Linn Esq. Sworn to and subscribed before me this vq` day of MAP -41 2007, by Gordon Linn, who is personally known to me. tE8TEl1 pM A No"Pink-Sw d Fb � ;. c,,w"w�oatoxto CwwimWFp1)t30E178 NOTARY I LIC STATE J4 OF FLORIDA qhY" gggbT h�11mWNaYrYAta^• CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Ariel Edelsburg, this 1. day of �JA 12007. CERTIFIED MAIL# 7006 2760 0004 7017 3848 CODE COMP ANCE SPECIAL MAGISTRATE CLERK Also sent regular mail /hc Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 r Van (ow qe� ewhz 4�'w6ww 711 FLORIDA May 24, 2006 ARIEL EDELSBURG Case Number: 06-00000848 401 ALAMANDA DR HALLANDALE FL 33009-6507 Location: 3333 GRIFFIN RD Folio: 5042-30-03-0300 Legal Description: FIRST ADDITION TO CANAL GROVES 23-41 B LOT 13 W1/2, 14 W1/2, 16 W1/2, 17 BLK 9 Dear ARIEL EDELSBURG: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section(s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by June 23, 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 G R PHANEUF CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7001 1940 0002 6631 4105 by HELEN CEASER 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 VIOLATION 1:ETAIL r CASE NUMBER 06-00000848 PROPERTY ADDRESS 3333 GRIFFIN RD -------- --- ------------- ------------ - ---- - ------------ - ---- --- VIOLATION: CH. 25,DIV. 6, SEC. 25-124 (A) QUANTITY : 1 DESCRIPTION: CH. 25, DIV. 6, SEC25-124 (A) DATE: 5/19/06 LOCATION: NARRATIVE All commercial vehicles and/or parts thereof must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 25, Division 6, Commercial Vehicles Section 25-124 (a) ; Parking of trucks, buses or other commercial vehicles in residential areas prohibited in any residential area or district, no person, firm or corporation shall park or cause to be parked or allow to be parked or occupied on the premises of any dwelling or on any lot which is not part of any dwelling, either of which is situated in a residential area or district, or in the streets, alleys or parkways abutting said property, any truck that is classified as one ton by capacity, bus, tractor, trailer, or any part thereof, wrecker or other vechile equipped with a hoist or other mechanical mechanism. _ _ ---------------- VIOLATION: CH. 13 ,ART. II , SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13 ,ART, II , SEC. 13-34 A , B, C DATE: 5/19/06 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. All grass and/or weeds must be cut , including the abutting rights-of-way and property maintained. Including north side of your property. ORDINANCE DESCRIPTION Violation of Chapter 13 , Health & Sanitation, Article II , Section 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13 -21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . __ ------------------------- VIOLATION: CH. 14, SEC. 14-2 JUNKED & QUANTITY: 1 DESCRIPTION: CH. 14, SEC. 14-2 JUNKED & AB VEH DATE: 5/19/06 LOCATION: NARRATIVE CONTINUED VIOLATION DETAIL YAO� L CASE NUMBER 06-00000848 I" .JPERTY ADDRESS 3333 GRIFFIN RD NARRATIVE : There are numerous vehicles/vessels 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. City of Dania (Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 09/20/07 6:00 pm 5-f4o W 1 PROPERTY OWNER: ARIEL EDELSBURG PROPERTY FOLIO # 0230-03-0300 On this date your case has been heard before the City Commission of the City of Dania Beach, Florida. The following decision has been made. CODE ENFORCEMENT ORDER(S) OR LOT MOWING LIENS) CASE #06-0848 HAS BEENABATED TO THE AMOUNT OF: $ 57f 600 . 4Q THIS AMOUNT IS DUE WITHIN: 30DAYS FROM THIS HEARING DATE ABOVE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Commission again for abatement. I the property owner or representative signs this agreement with full understanding of the information held within. Property Owner/Representative Signature PRINT NAME WITNESS: PRINT NAME ALL PAYMENTS MUST BE IN THE FORM OF A CASHIERS CHECK OR MONEY ORDER, AND MADE OUT TO THE CITY OF DANIA BEACH Attn:A/R Dep$ Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created by Linda Mason ABATEMENT HEARING AGREEMENT FORM CODE ENFORCMENT FORM TO USE.doc AGENDA REQUEST FORM CITY OF DANIA Date: October 29, 2007 Agenda Item #: �. Title: Request for Abatement 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 2 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 through 3/16/07, 57 days @ $125.00 per day = $7,125.00 plus $168.00 in recording fees totaling $7,293.00. At the Special Magistrate hearing on 6/04/07, Special Magistrate Gordon Linn recommended an abatement amount of$3,646.50. At the Commission Abatement hearing on 7/19/07, a continuance was asked for by the owner. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 11/13/06, 4/09/07 and 6/04/07 Special Magistrate hearings. (4) Copy of the lien total Sheet. (5) Copy of the result sheet from the 7/19/07 Commission Abatement hearing. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 6/04/07 Special Magistrate hearing, the abatement was recommended $3,646.50 of the original amount of$7,293.00. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City 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 BLK 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 DEL CKMp— , 2006. CODE COMPLIANCE SPECIAL MAGISTRATE By: Mar Berman, Esq. lia2gi CiA d Oc10aaelloYryAwn. Notary Seal: Sworn and subscribed before me this (_ day of DGEW& R 2006. NOTA PUBLIC 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 �_day of cc-inAlce 2006. CERTIFIED MAIL# 7006 0810 0003 7726 0986 C E COMPLIANCE ECIAL MAGISTRATE CLERK Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 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 18`h 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 Cise'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 26th, 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 �k" , 2007. DANIA BEACH CODE COMPLIANCE s LESTEii cAacu SPECIAL MAGISTRAT we No"PUbYC•SI�M of FbdN Comm aeiot ExPW oct ta,2010 i cor iww 0 DD 60a67a ' ant' :° Bonded TtMo N@&W NoWY AW By: 47 Mark Ber , Esq. SWORN TO and SUBSCRIBED BEFORE me this day of 2007 by 11- 317i "J /tate who is p rsonally known to me. Notary PubliFlorida Retum to Patricia Varney,Finance Director 2 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 Order Imposing Pine Case 006-1290 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Order Imposing Fine was mailed to the Respondent, Zion & Yahudith Fadlon, this L- day of J " , 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 Vantey,Finance Director 3 City of Dania Beach 100 W.Dania Beach Blvd. Dania Beach,FI 33004 O / FLORIDA r 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 BLR 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, GA EJF 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 v .ci.dania-beach.fl.us VIOLATION DETAIL 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 VIOLATION DETAIL 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. City of Dania (Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 ABATEMENT HEARING DATE: 07/19/07 6:00 pm PROPERTY OWNER: ZION & YAHUDITH FADLON PROPERTY FOLIO # 0232-02-0091 On this date your case has been heard before the City Commission of the City of Dania Beach, Florida. The following decision has been made. CODE ENFORCEMENT ORDER(S) CASE CEB-06-1290 HAS BEEN ABATED TO THE AMOUNT OF: S CoN n tw V q ` 0'si`-" THIS AMOUNT IS DUE WITHIN. DAYS FROM THIS HEARING DATE ABOVE. If this abated amount is not paid by this due date the Code Enforcement Order against your property will revert back to the original enforced order and you will lose the right to come before the Commission again for abatement. I the property owner or representative signs this agreement with full understanding of the information held within. Property Owner/Representative Signature PRINT NAME WITNESS: PRINT NAME ALL PAYMENTS MUST BE IN THE FORM OF A CASHIERS CHECK OR MONEY ORDER, AND MADE OUT TO THE - CITY OF DANIA BEACH Attn: A/R Dept Contact the Accounts Receivable Dept. for any further questions you may have. 954-924-3662 Created by Linda Mason ABATEMENT HEARING AGREEMENT FORM CODE ENFORCMENT 0232-02-0091 07-12-07 HearingAm AGENDA REQUEST FORM CITY OF DANIA Date: October 29, 2007 Agenda Item #: 3. 3 Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Dania Beach House LLC, 37 SW 14 Street, Case #06-1078 Summary Explanation & Background: This was originally cited on July 25, 2006 for 1 violation and was given 10 days to comply. This went to the Special Magistrate on 10/09/06 for 1 violation. The Special Magistrate issued an order giving the respondent 60 days to comply or a fine of$75.00 per day would be levied. The compliance date was 1/02/07. The fine was confirmed at the 4/09/07 Special Magistrate hearing. The property was brought into compliance on 9/28/07. The fine ran from 1/02/07 through 9/28/07, 269 days @ $75.00 per day = $20,175.00 plus $159.50 in recording fees totaling $20,334.50. At the Special Magistrate hearing on 10/01/07, Special Magistrate Gordon Linn recommended an abatement amount of$10,087.50. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 10/09/06, 4/09/07 and 10/01/07 Special Magistrate hearings. (4) Copy of the lien total sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 10/01/07 Special Magistrate hearing,the abatement was recommended to$10,087.50 from the original amount of$20,334.50. Commission Action: Passed ❑ Failed ❑ Continued ❑ Other ❑ Comment: City Manager City Clerk c CODE ENFORCEMENT SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 06-1078 municipal corporation PETITIONER vs. Dania Beach House LLC RESPONDENT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on October 9, 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. Petitioner, City of Dania Beach, and Respondent, Dania Beach House LLC, executed a Stipulation which is approved by the Code Enforcement Special Magistrate and incorporated into this order by reference. C. Respondent, Dania Beach House LLC, did allow the following code violations to exist at property Respondent owns located at 37 SW 14 St, Dania Beach, Florida, which FINAL ORDER it 06-1078 PAGE 2 property is legally described as: NORTH HOLLYWOOD 4-1 B LOTS 15, 16 BLK 44 (#1203-10-5890) : 1. Chapter 15, Section 15-1. The property is being used for rental purposes. The business of renting property requires an occupational license. Upon consideration thereof, it is thereupon ORDERED: 1. Respondent, Dania Beach House LLC: (a) has been found to be in violation of the above described code section listed in paragraph c.(1). A fine of $75.00 per day will begin running 60 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, Dania Beach House LLC, for the foregoing violations listed in paragraph c.(1), a fine of $75.00 per day, to begin running 60 days from the date this order is signed by the Code Enforcement Special Magistrate. 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 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 _ 3 day of Q1OLa;m , 2006. Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER ?# 06-1078 PAGE 3 CODE ENFORCEMENT SPECIAL MAGISTRATE Gordon Linn, Es . 81NNUIMi►A�RCNAN ►aq rvW-Sm a Rww Notary Seal: CowWWwEx0WMry11,X10 ca�Nwia� Do ssta= Sworn and subscribed b fore r this (WISOMWIblio ten. _ day of OV 2006. NOTARY PUBLIC STATE OF FLORIDA Gordon Linn is personally known to me. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Respondent, Dania Beach House LLC, this —1-3 day of I/o y pw 2006. CERTIFIED MAIL 7006 0810 0003 7724 1565 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 # 06-1078 Municipal corporation PETITIONER, FINAL ORDER vs. DANIA BEACH HOUSE LLC 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 9th day of April 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 3`d day of November 2006, a Final Order in the above captioned case commanding the Respondent(s), Dania Beach House LLC, to bring violation(s) specified in said Final Order into compliance on or before the 2"d day of SUPPLEMEN FAL ORDER -106-1078 January 2007, or pay a fine in the amount of $75.00 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: NORTH HOLLYWOOD 4-1 B LOTS 15,16 BLK 44 (1203 10 5890). 3. That the Respondent(s), Dania Beach House LLC, 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), Dania Beach House LLC, 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 N Day of , 2007. Return to: Patricia Varney 2 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 SUPPLEMEN fAI,ORDER r:'06-1078 DANIA BEACH CODE COMPLIANCE SPECIAL MAGISTRATE By: ar E. an, Esq. Sworn to and subscribed before me this LA day of L , 2007, by Mark E. Berman, who is personally known to me. �Y""""'• LESTER GARCLA 'SWe d Eon W 18,20 niMon000MS8t78 NOTARY PUBLt STATE OF FLORIDA � N�MaiNNaryAm CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent(s), Dania Beach House LLC, this Ll day of�T , 2007. CERTIFIED MAIL # 7006 2760 0004 7017 8584 CODE COMPLIAOCE SPECIAL MAGI RATE CLERK Also sent regular mail /sm Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FI 33004 r FLORIDA July 25, 2006 DANIA BEACH HOUSE LLC Case Number: 06-00001078 1933 TIGER-AIL BLVD DANIA BCH DANIA BEACH, FL 33004 Location: 37 SW 14 ST Folio: 5142-03-10-5990- Legal Description: NORTH HOLLYWOOD 4-1 B LOTS 15, 16 BLK 44 Dear DANIA BEACH HOUSE LLC: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section (s) and corrective actions for your reference. You are required to correct the violation (s) and call for a re- inspection by August 04, 2006. Failure to comply will result in proceedings against you by the Code Enforcement Special %lagistrate, as prov_ded 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 esented 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. - f you require further information or have any questions about she attached violation (s) , please do not hesitate to contact me . THEC C E EE EZ CODE SPE. OR I certify that an original hereof was furnished to the above named addressee by: Certified Nail # 7003 3110 0005 3535 3698 by HELEN CEASER A-so 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 06-00001078 PROPERTY ADDRESS 37 SW 14 ST - - -- - - - - - - - - --- - --- -- --- - - - -- - - - - - - - - - -- - --- - - -- - - -- -- - - --- --- VIOLATION: CE015001000001 QUANTITY: 1 DESCRIPTION: DBCC 15-1 License Required DATE : 7/25/06 LOCATION: ORDINANCE DESCRIPTION DBCC 15-1 states it is unlawful for any person to engage in or manage any business in the city without having a license from the city. CORRECTIVE ACTION REQUIRED Cease all unlawful activities and obtain all required licenses and approvals before resuming business operations . AGENDA REQUEST FORM CITY OF DANIA Date: October 29, 2007 Agenda Item#: Title: Request for Abatement Requested Action: Consideration of the Abatement Request for: Bayard W Spector% Richard M Mogerman PA, 1540 Griffin Road, Case#05-1491 Summary Explanation & Background: This was originally cited on September 28, 2005 for 5 violations and was given 10 days to comply. This went to the Special Magistrate on 12/12/05 for 5 violations. The Special Magistrate issued an order giving the respondent 30 days to comply or a fine of$250.00 per day would be levied. The compliance date was 1/28/06, The fine was confirmed at the 5/08/06 Special Magistrate hearing. The property was brought into compliance on 8/15/07. The fine ran from 1/28/06 through 8/15/07, 564 days @ $250.00 per day = $141,000.00 plus the recording fee of $176 50 for a total of$141,176.50. At the Special Magistrate hearing on 9/10/07, Special Magistrate Mitch Kraft recommended an abatement amount of$50,000.00. Exhibits (List): (1) Copy of the Final Order issued and the Supplemental Order issued by the Special Magistrate. (2) Copy of the original violation letter issued. (3) Copy of the minutes from the 12/12/05, 5/08/06 and 9/10/07 Special Magistrate hearings. (4) Copy of the lien total Sheet. Purchasing Approval: Source of Additional Information: (Name & Phone) Recommended for Approval By: At the 9/10/07 Special Magistrate hearing, the abatement was recommended to $50,000.00 from the original amount of$141,176.50. 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 # 05-1491 municipal corporation PLAINTIFF, VS. BAYARD W. SPECTOR DEFENDANT FINAL ORDER OF THE DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE This proceeding came on for Formal Hearing on December 5, 2005, 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 Defendant and the subject matter of this action; and b. Defendant, Bayard W. Spector, did allow the following code violations to exist at property Defendant owns located at 1540 Griffin Road, Dania Beach, Florida, which property is legally described as: VILLAGE MARINA 129-3 B PLAT OF SECS 28, 29, 31 & 32 2-32D 28-50-42 PAR A OF 129-36, LESS PAR 106 FOR RAN (OR 20124/553), TOG WITH POR LOT 12, BLK 4 DESC AS: COMM SW COR SAID LOT 12, N 135.53 FINAL ORDER #05-1491 PAGE TO POB, CONT N 11, E 105.78, NELY 111, SELY 70.65, W 246.87 TO POB (# 0228 11 0010): 1. Chapter 8, Section 8-22 (a)(1)(c). Minimum standards for commercial, industrial and institutional structures. Minimum standards. Maintenance of exterior of premises. The fence on the subject property is in disrepair. Failure to repair or replace the fence. A permit will be required. 2. Chapter 13, Article II, Section 13-28. Storing waste likely to blow about. There is trash, construction debris, pipes and/or other materials being stored on the subject property which constitute a hazard. Failure to remove all trash, construction debris, pipes and/or other materials being stored on the property including any items being stored on any roof. 3. Chapter 13, Health & Sanitation, Article II, Section 13-34, Prohibitions, (a)(b)(c). There is trash, garbage, litter or other miscellaneous debris, overgrown grass and/or weeds on the subject property. Failure to remove all trash, garbage, litter or other miscellaneous debris and to cut overgrown grass and/or weeds on the subject property. 4. Chapter 28, Zoning, Article IV, District Regulations, Section 4.20, Application of Regulations. There are recreational vehicles, junked and abandoned vessels, vehicle tractor-trailers, buses, construction equipment and trucks being stored on the subject property. Failure to remove all recreational vehicles, junked and abandoned vessels, vehicles, vehicle tractor-trailers, buses, construction equipment and trucks from the property which are not permitted in a commercial (C3) zoned district. Upon consideration thereof, it is thereupon ORDERED: 1. Defendant, Bayard W. Spector: (a) has been found to be in violation of the above described code sections listed in paragraphs b.(1) through b.(4). A fine of $250.00 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 Defendant, Bayard W. Spector, for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1491 PAGE 3 $250.00 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 Defendant must notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate 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. RDERED at Dania Beach, Broward County, Florida, this day of ece,,,4 r 2005. CODE ENFORCEMENT SPECIAL MAGISTRATE By' Mark erma , Notary Seal: Sworn and subscribed before me this day of jj 0L4 t&1A2005. 1p,�i L &eL�40 NbTAAY PUBLIq STATE OF FLORIDA Mark E. Berman is personally known to me. ,v"" 610d8J srandn `t WC=misaion DD1E7260 a w EXIMMS May 10.2007 Return to: Patricia Varney, Finance Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 FINAL ORDER #05-1491 PAGE CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant, Bayard W. Spector, this aq day of ,�,tCQWJ0,&L 2005. CERTIFIED MAIL 7002 2030 0003 1209 9152 CODq ENFORCqMENT SPECIAL MAGISTRATE C ERK 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 SPECIAL MAGISTRATE CITY OF DANIA BEACH, FLORIDA CITY OF DANIA BEACH, a Florida CASE # 05-1491 Municipal corporation PETITIONER, FINAL ORDER vs. BAYARD W. SPECTOR % RICHARD M. MOGERMAN PA RESPONDENTS SUPPLEMENTAL ORDER/ CLAIM OF LIEN The City of Dania Beach Code Enforcement Special Magistrate, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, having received the testimony and affidavit of inspector Theodore Perez, on the City's Motion to Confirm Fine held on the 8th day of May 2006, and based on the evidence, the Code Enforcement Special Magistrate enters the following findings of fact and order: 1. That the Code Enforcement Special Magistrate did enter on the 29th day of December 2005, a Final Order in the above captioned case commanding the Respondent, Bayard W. Spector % Richard M. Mogerman PA, to bring the violations specified in said Final Order into compliance on or before SUPPLEMENTAL ORDER 405-1491 the 28th day of January, 2006, or pay a fine in the amount of$250.00 per day for each day of non compliance thereafter. 2. That said violations occurred on the following described real property situate, lying and being in Broward County, Florida, to wit: VILLAGE MARINA 129-3 B PLAT OF SECS 28,29,31 & 32 2-32D 28-50-42 PAR A OF 129-313, LESS PAR 106 FOR R/W (OR 20124/553), TOG WITH POR LOT 12, BLK 4 DESC AS: COMM SW COR SAID LOT 12, N 135.53 TO POB, CONT N 11,E 105.78, NELY 111, SELY 70.65, W 246.87 TO POB (# 0228 11 0010): 3. That the Respondent, Bayard W. Spector % Richard M. Mogerman PA, did not comply with the Final Order on or before the date specified therein. 4. It is the order of this Code Enforcement 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, Bayard W. Spector % Richard M. Mogerman PA, shall comply with said Final Order. Upon complying, the Respondent shall notify the City's Code Enforcement Department and an officer will inspect the property and notify the Code Enforcement Special Magistrate whether Respondent has complied. 5. It is the order of this Code Enforcement Special Magistrate that the fine shall constitute a lien against the above described real property and it shall be a lien against any other real or personal property owned by Respondent. Return to: Patricia Varney z Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 SUPPLEMENTAL ORDER #05-1491 DONE AND ORDERED at Dania Beach, Broward County, Florida, this Day of 2006. DANIA BEACH CODE ENFORCEMENT SPECIAL MAGISTRATE By: Mark erm q. Sworn to and subscribed before me this .5 day'of / , 2006, by Mark E. Berman, Esq., who is personally known to ly; sHARWM PKMMSON u�fv� �L/9s1�1b-KJ Notayt�ibin-sa�.wFlaldo NOTARY PUBLIC STATE OF FLORIDA sb,�ll,sooe Cettrnrr M I W 318233 1ottwcl 1V 1*ft td N*VV�M CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien was mailed to the Respondent, Bayard W. Spector % Richard M. Mogerman PA, this day of t-ns/ . 2006. CERTIFIED MAIL # 7001 1940 0002 6631 5478 ACTING CODE ENFORCEMENT SPECIAL MAGISTRATE CLERK Also sent regular mail xc: Paul D'Arelli, Esq., Greenberg Trauig P.A., 401 E. Las Olas Blvd., Suite 2000, Ft. Lauderdale, FL 33301 Certified Mail 7001 1940 0002 6631 5607 Return to: Patricia Varney 3 Finance Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach,FI 33004 FLORIDA .I September 28, 2005 a BAYARD W SPECTOR Case Number: 05-00001491 % RICHARD M MOGERMAN PA 150 S PINE ISLAND RD STE 130 PLANTATION, FL 33324 Location: 1540 GRIFFIN RD Folio: 5042-28-11-0010 Legal Description: VILLAGE MARINA 129-3 B PLAT OF SECS 28, 29, 3102 2-32D 28-50-42 PAR A OF 129-3B, LESS PAR OF 106 FOR R/W (OR 20124/553) ,TOG WITH FOR LOT 12, BLK 4 DESC AS: COMM SW COR SAID LOT 12,N 135. 53 TO POB,CONT N 11,E 105.78,NELY 111, SELY 70 . 65,W246. 87 TO POB Dear BAYARD W SPECTOR % RICHARD M MOGERMAN PA: 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 08, 2005. 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, WILLIAM DUBISKY ' CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7003 3110 0000 8260 6773 by SHARIANN PEARSON Also sent regular mail "Broward's First City" 100 Wesr Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us VIOLATION DETAIL PATE 1 CASE NUMBER 05-00001491 PROPERTY ADDRESS 1540 GRIFFIN RD ---- --- ----------------- --- ------ ------- - - - - -- ---- ------ ---- -- VIOLATION: CH 8, SEC 8-22 (A) (1) (C) QUANTITY: 1 DESCRIPTION: CH 8, SEC 8-22 (A) (1) (C) DATE: 9/28/05 LOCATION: NARRATIVE The fence on property must be repaired or replaced. Permit will be required. ORDINANCE DESCRIPTION Violation of Chapter 8, Section 8-22 (a) (1) (c) . Minimum Standards for Commercial, Industrial , and Institutional Structures . Minimum Standards. Maintenance of Exterior of Premises . The exterior of commercial premises shall be kept free of all nuisances and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises . -------------------- - ----------------------------------------- VIOLATION: CH. 13 , SEC. 13-28 QUANTITY: 1 DESCRIPTION: CH. 13, ARTII , SEC. 13-28 DATE: 9/28/05 LOCATION: NARRATIVE All trash, debris and/or other materials being stored which constitute a hazard, including any items being stored on any roof, must be removed from property. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Article II, Section 13-28 . Storing waste likely to blow about . No owner of property within the city shall permit the storing upon the property of rubbish, old cans, old automobiles, or parts of automobiles, or any other material so that from the premises in time of windstorm, danger shall exist of materials being blown therefrom to other portions of the city and thereby endangering the lives and safety of the inhabitants of the city. - ----------- - --------- ------- - ------- -- - -------------- -- -- - - -- VIOLATION: CH. 13 ,ART. II , SEC. 13-34ABC QUANTITY: 1 DESCRIPTION: CH. 13 ,ART, II , SEC. 13-34 A , B, C DATE : 9/28/05 LOCATION: NARRATIVE All trash, garbage, litter or other miscellaneous debris must be removed from property. All grass and/or weeds must be cut, including the abutting rights-of-way and property maintained. ORDINANCE DESCRIPTION Violation of Chapter 13 , Health & Sanitation, Article II , Section 13-34 , Prohibitions, (a) , (b) , (c) . It shall be unlawful for any owner or operator of premises within the VIOLAT ONT DETAIL PAGE 2 CASE NUMBER 05-00001491 PROPERTY ADDRESS 1540 GRIFFIN RD ORDINANCE DESCRIPTION : City to allow the accumulation or to accumulate any garbage, litter, stagnant water, trash, untended vegetation, or to allow any discoloration, or any nuisance as defined in section 13-21 upon the property. Each Owner or Operator of property within the City shall keep such property, and the adjoining unpaved portions of the public rights-of-way, swales and canal banks clean and free from any accumulation of garbage, trash, or litter. The owners and operators of all improved property within the city shall not permit untended vegetation upon such property, and the adjoining portions of the rights-of-way, swales and canal banks . ------------------- ------------------------------------------- VIOLATION: CH. 13,ART. II, SEC. 13-32 (A) QUANTITY: 1 DESCRIPTION: CH. 13 ,ART. II , SEC. 13-32 (A) DATE : 9/28/05 LOCATION: NARRATIVE All vegetation must be cut . All trash, garbage and miscellaneous debris must be removed from property and property maintained. ORDINANCE DESCRIPTION : Violation of Chapter 13 , Health & Sanitation, Article II , Sanitary Nuisance; Section 13-32 (a) , Responsibility of Owners to maintain vacant property. It is the duty and responsibility of Property Owners within the City to keep their vacant property, whether platted lots or acreage, clean, mowed and in otherwise safe condition. No owner of property within the City shall permit grass, weeds or both to grow upon such property to the height of eight (8) inches or more, and shall keep such property free of rubbish, branches of trees or shrubbery, wood or other materials that may endanger public health, safety or welfare. -- ---- ------- ------ -- ------ - ----------- - ---------- -- ---- - -- --- VIOLATION: CH. 28, ZONING,ART. IV, C3 QUANTITY: 1 DESCRIPTION: CH.28,ART . IV, SEC.4 .20 ,VEH DATE: 9/28/05 LOCATION: NARRATIVE All recreational vehicles, vessels, vehicle tractor-trailers, buses, construction equipment and trucks must be removed from the property. ORDINANCE DESCRIPTION : Violation of Chapter 28, Zoning, Article IV, District Regulations, Section 4 .20, Application of Regulations . The storage of recreational vehicles, vessels, vehicle tractor-trailer, trucks, buses and construction equipment are not permitted in a commercial (C3) zoned district .