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HomeMy WebLinkAbout2007-11-15 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 15, 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 Commissioners: John Bertino Anne Castro— arrived at 6:09 p.m. Patricia Flury City Clerk: Louise Stilson Assistant City Manager: Colin Donnelly Code Attorney: Tim Ryan Absent: Vice-Mayor: Albert Jones City Manager: Ivan Pato City Attorney: Tom Ansbro 3. Abatement Requests 3.1 Request for abatement for Ariel Edelsburg, Case #06-0848, 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 160 days resulting in a lien of $32,159.50, including recording fees. The Special Magistrate recommended abatement to $5,000.00. This case was heard on September 20`h and is being reheard due to an error in mail service with regards to notification of the hearing date and time. Ariel Edelsburg, 401 Alamanda Drive, Hallandale, property owner, noted there was a confusion in his violation when the Code Officer was out due to an operation. He further indicated that he complied with this violation once the tenant was evicted from his property. Commissioner Bertino motioned to abate the lien to $5,000.00, to be paid within 30 days; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Bertino Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Castro arrived at 6:09 p.m. 3.2 Request for abatement for Zion & Yahudith Fadlon, Case #06-1290, for property located at 4940 SW 26`h Terrace (#0232-02-0091) Attorney Tim Ryan advised this case is for failure to remove bulk trash and failure to remove a junked or abandoned vehicle. The fine ran for a total of 57 days resulting in a lien of$7,293.00, including recording fees. The Special Magistrate recommended abatement to $3,646.50. Zion Fadlon, 4940 SW 26'h Terrace, property owner, stated he needed additional time to move the vehicle. He was not aware of the rules and how serious the case was. Commissioner Bertino motioned to abate the lien to $3,646.50, to be paid within 30 days; seconded by Commissioner Flury. Commissioner Castro offered a substitute motion for $1,500.00, to be paid within 90 days; seconded by Commissioner Flury. The substitute motion carried on the following 3-1 Roll Call vote: Commissioner Bertino No Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 3.3 Request for abatement for Dania Beach House LLC, Case 406-1078, for property located at 37 SW 14`h Street (#1203-10-5890) Attorney Tim Ryan advised this case is for one violation for failure to obtain an Occupational License for a rental property. The fine ran for a total of 269 days resulting in a lien of $20,334.50, including recording fees. The Special Magistrate recommended abatement to $10,087.50. Roderick Faith, 20505 Country Club Drive, Aventura, noted he and his brother bought the property in 2005, and shortly thereafter it was badly damaged by Hurricane Wilma. They had to replace the roof and other items and it took some time to obtain all the necessary permits from the City. He indicated they have spent $350,000 on repairs. They did not understand the process however they have tried to comply. Mr. Faith noted they cannot afford to pay the fine for this violation as well as another case which is still pending. Attorney Ryan clarified for the record that the applicant has also been cited for building maintenance violation, which is a separate case. This case will be heard before the Special Magistrate on December 3. He added that the building repairs should not have prevented him from obtaining an Occupational License. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,November 15,2007—6:00 p.m. Nick Lupo, Code Compliance Manager, advised that in December 2005 they were notified that an Occupational License was required for a 20-unit rental apartment complex. They applied for the license on December 16, 2005, but the Fire Department turned it down due to life safety issues. The license was finally issued in September 2007. Commissioner Bertino motioned to abate the lien to $10,087.50, to be paid within 30 days. Mr. Faith clarified for the Commission that there was no one living on the second floor when the inspection was conducted. They received the notice in April 2007, and have been correcting the violations ever since. Commissioner Flury seconded the motion with the condition the fine is paid within 60 days. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 3.4 Request for abatement for Bayard W. Spector, c/o Richard M. Mogerman, PA, Case 905-1491, for property located at 1540 Griffin Road (#0228-11-0010) Attorney Tim Ryan advised this case involved four violations: Failure to replace a fence; failure to remove all trash, construction debris, pipes and/or other materials stored on the property; failure to remove all trash, garbage, litter or other miscellaneous debris and to cut overgrown grass and/or weeds; and 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 (C-3) zoned district. The fine ran for a total of 564 days for a total of $141,176.50, including recording fees. The Special Magistrate recommended abatement to $50,000.00. Richard Mogerman, Attorney for the property, was available to answer any questions. Bayard Spector, owner of the property, commented this is an unusual situation. They had a preliminary DPEP permit for dredging and the final permit was issued in April 2006. He worked as hard as he could, however, it was a big job, and it took a long time to clean up the area. Mr. Spector had a photo of how the property currently looks, as well as his DPEP permit for the Commission to review. He clarified for the Commission that because the Marina has been there for over sixty years, there were many boats that had been left by tenants that needed to be dismantled and taken away. Mr. Spector indicated that all the seawalls have been replaced, the docks have been redone in teak and now the property looks very nice. He thanked the Commission for their support with the proposed Atlantic Village Marina hotel-condominium project which was discussed at the November 7 Commission Workshop. Commissioner Castro motioned to abate the lien to $25,000.00, to be paid within 90 days; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,November 15,2007—6:00 p.m. Commissioner Bertino Out of room Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 4. Adiourttment Mayor Anton adjourned the meeting at 6:38 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC B NT CITY CLERK MAYOR— OMMISSIONER Approved: December 11, 2007 Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,November 15,2007—6:00 p.m.