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HomeMy WebLinkAboutAbatement Hearing (4) MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 20, 2007 - 6:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro Deputy City Clerk: Miriam Nasser Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request for abatement for Palm Beach Polo Holdings, Inc., Case #02-3248, for property located at 750 NE 7ih Avenue(#0235-17-0030) (Continued from March 15, 2007, May 17, 2007, and July 19, 2007) Attorney Tim Ryan advised this case is for one violation of installing docks and piles without a permit and was originally cited in 2002. The fine ran for a total of 1,048 days resulting in a lien of$104,900.00, including recording fees. The Special Magistrate recommended abating the lien to $26,200.00 at the February 5, 2007 hearing. Attorney Larry Zink, representing Palm Beach Polo Holdings, Inc., requested a total abatement of the fine. He provided a chronological list of events so the Commission would understand the reason for the request. Palm Beach Polo Holdings purchased the property from Broward Marine in 1998. In April 2002 they applied to Broward County Department of Environmental Protection (DPEP) for a permit for six docks. In March 2004 when the fine started to accrue, they decided to come and search the City property records to look for permit history. Some of the records were obtained, but they later found out that at some point, the City had a fire and some records were lost. Their application was held by DPEP from April 2002, until January 2005, when they finally denied their license request. Polo Holdings appealed the decision in February 2005. On June 5, 2006 the judge ruled in favor of Palm Beach Polo Holdings and they were told that DPEP was supposed to issue license and permits as requested. In October 2006 DPEP gave them a Notice of Intent to issue license and permits. At this time an adjoining property owner filed an objection to the approval issued by DPEP. Attorney Zink remarked that his client has incurred in excess of $100,000 in this case and done everything possible to try and get the license and permits. He further noted he had kept Attorney Ryan informed of all the delays through the process. Attorney Ryan noted agreed it took Palm Beach Polo Holdings a long time to move through the administrative process, but it was their initial improper conduct to remove the docks that we are discussing. He thought the amount of the fine was justified and he suggested ratifying the Special Magistrate's recommendation, which was already reduced by seventy-five percent considering the circumstances beyond the respondent's control. Glenn Straubb, President of Palm Beach Polo Holdings Inc., noted they have paid taxes on that property and have spent approximately $500,000. He thought that a piece of paper should not be a reason to fine them and felt they had been penalized enough. Mr. Straubb asked for reconsideration of the Special Magistrate's recommendation to avoid having to take further steps. Attorney Ryan clarified for the record that the requestor alleged that the City did not provide them with the information confirming that the original docks built in 1985 had been permitted. He further indicated that based on the applicant's statement that there would be a claim against the City, he would ask for payment to be made within 30 days as well as a complete release from Palm Beach Polo Holdings, Inc., in order to accept the reduced amount. Otherwise, he would recommend we keep it at the full amount and let them go forward and challenge this order. Vice-Mayor Jones noted he did not like the comments made by Mr. Straubb about proceeding further against the City. He questioned what they could have done to avoid the fine. Attorney Ryan indicated the fine could have been $250.00 a day instead of$100.00. He left it at the Commission discretion, but suggested following the Special Magistrate's recommendation with the conditions previously stated. Mayor Anton noted he has seen where the docks are and agreed that the business could not operate without the docks being replaced. He also indicated that we all know it takes a long period of time to obtain permits from the different government agencies. Mayor Anton wanted clarification that it was legitimate that it took them 5 years to get the permits. Attorney Ryan explained it would have been easier for them if they had applied for the permits in 2002, while the docks were still there, but they just replaced them without any authorization. He thought seventy-five percent was a generous reduction and it should not be any lower. Commissioner Castro noted that she sympathized with anyone having to process permits through DPEP because of the time it takes. She confirmed the docks meet the standards now that they have been permitted. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday, September 20,2007—6:00 p.m. Attorney Zink reaffirmed that Palm Beach Polo Holdings went to DPEP in 2002 for permits and licenses. He commented that had DPEP given the permits in May 2002, there would have been no fine. The administrative law judge found that DPEP had acted erroneously and that is why the penalty started to accrue. Commissioner Bertino motioned to abate the lien to S26,200.00, to be paid within 30 days, with a signed release by Palm Beach Polo Holdings Inc.; seconded by Commissioner Flury. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro No Mayor Anton No Commissioner Flury Yes 3.2 Request for rehearing by Adolfo Berrios and Zcja Fahmy, '/2 interest each, Case #05- 0613, for property located at 43 SE 10`h Terrace (#1203-13-0360) (Previously heard on July 19, 2007) Commissioner Flury clarified for the record that she discussed this case with the applicant. It is not being reheard; the applicant is requesting an extension of time for her payment date. Commissioner Bertino motioned to extend the time period for the payment of $10,000 for an additional 90 days; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.3 Request for abatement for David Grant, Case #06-0002, for property located at 260 NW 14a' Court (#0233-14-0290) Attorney Tim Ryan advised this case is for one violation of failure to obtain a roof permit. The fine ran for a total of 334 days resulting in a lien of$50,100.00, including recording fees. The Special Magistrate recommended reducing the fine to $5,000.00. David Grant, 320 S. Flamingo Road, Pembroke Pines, owner of the property, noted he found out about this action some time in January when his former tenants moved out and threw the notice in the garbage. He indicated he is currently working in New York because he could not find a job in Florida. Mr. Grant explained he wanted to provide housing in the community and although he gave someone the money to repair the roof. the job was done without permits. He indicated that he has had problems with mail being stolen. Mr. Grant requested reconsideration of the Special Magistrate's recommendation. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday, September 20,2007—6:00 p.m. Attorney Ryan clarified the notice was sent to the address on the property deed registered with the Property Appraiser's Office. It was Mr. Grant's duty to notify the different entities of the current address where he wants his mail sent. He ratified the Special Magistrate's recommendation. Commissioner Bertino motioned to abate the lien to $5,000.00, to be paid within 30 days; seconded by Mayor Anton, who passed the gavel to Vice-Mayor Jones. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones No Commissioner Castro No Mayor Anton Yes Commissioner Flury Yes Commissioner Flury motioned for the lien to be paid within six months; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Castro clarified for the record that the second vote was for the extension of the six months payment only. 3.4 Request for abatement for Ariel Edelsburg, Case 906-0848, for property located at 3333 Griffin Road (#0230-03-0300) Attorney Tim Ryan advised this case is for one violation of allowing the accumulation of trash, garbage, litter, miscellaneous debris, stagnant water and untended vegetation. The fine ran for a total of 159 days resulting in a lien of $32,159.50, including recording fees. The Special Magistrate recommended abating the lien to $5,000.00. No one was present for this case. Nicholas Lupo, Chief Code Compliance Officer, clarified for Commissioner Bertino that this is a single family residential zoned property which was rented out for illegal commercial use. Commissioner Bertino suggested the lien should be brought back to the original fine. Commissioner Flury 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 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, September 20,2007—6:00 p.m. 3.5 Request for abatement for Eliyahu Bohadanah, Case #06-1348, for property located at 150 NW 7a' Avenue (#0234-01-0740) Attorney Tim Ryan advised this is a vacant lot that involves two violations: allowing litter, trash and debris on the premises; and health and sanitation nuisance. The total fine was $31,959.50, including recording fees. The Special Magistrate recommended abating the lien to $16,000.00. Eliyahu Bohadanah, 150 NW 7`h Avenue, noted he bought the property in a tax deed and cleared all debris the same date he purchased it. He further noted that the County has about $20,000 to give him, but it will probably take some before they release the money. Attorney Ryan explained that when a property is sold in a tax deed for more than the outstanding taxes, the rest goes into a surplus fund and liens against the property that survived beyond the tax sale can be settled, if the governmental agency files a petition to get the surplus money. He indicated that if the City Commission accepts the Special Magistrate's recommendation, he would suggest a period of 90 days to allow him time to file the petition. Attorney Ryan further noted he will seek the entire amount and will deduct $16,000 which was the reduced amount recommended by the Special Magistrate and $1,500.00 for the additional step that the City will have to take to receive the surplus money. Commissioner Bertino noted that when people buy on the tax roll they know exactly what liens are on the property. He would like to see the fine brought back to the original amount. Commissioner Castro motioned to abate the lien to $16,000.00, to be paid within 90 days; seconded by Vice-Mayor Jones. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 3.6 Request for rehearing by Valerie Valella, Case #06-0173, for property located at 609 NW 81h Street (40234-25-0500) (Previously heard on July 19, 2007) Commissioner Castro advised she will sponsor this case for an extension of time to pay the lien of$4,350.00. Vice-Mayor Jones motioned to extend the time period for the payment of the lien to 60 days; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday, September 20,2007—6:00 p.m. 4. Adjournment Mayor Anton adjourned the meeting at 7:00 p.m. ATTEST: CITY OF DANIA BEACH _ C�"� at,14-C -��O1 - LOUISE STILSON, CMC BOB ANTOTr CITY CLERK MAYOR—COMMISSIONER Approved: November 13, 2007 Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday, September 20, 2007—6:00 p.m.