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HomeMy WebLinkAboutAbatement Hearing (4) MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 20, 2008 - 6:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Albert C. Jones Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Vice-Mayor: Anne Castro Commissioner Anton motioned to excuse the absence of Vice-Mayor Castro; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3. Abatement Requests 3.1 Request for abatement for Robert R. Krilich or Donna Krilich, for lot mowing and/or debris removal for Folio #0233-39-0010, Folio#0233-09-0010, Folio#0233-48-0012, and Folio #0233-48-0020 Attorney Tim Ryan advised this case is for lot mowing and/or debris removal on 4 vacant properties, resulting in a fine of$11,963.00 as of January 25, 2008. Walter Morgan, Attorney of the law firm of Morgan, Olsen & Olsen, LLP, representing the property owner, noted this is 10 acres of property. He said the Krilichs have owned the property for many years, and operate out of Chicago. The property was under contract with OTO Development so they stopped leasing the property and cleaning the lot. When they received the notice of violation, they tried to contact somebody to clear the lot but were unable to find someone, so they decided to let the City do it. He indicated the property should have closed in December 2006, but hopefully, it will close next week. He requested a reduction to $4,092.06. Nick Lupo, Code Enforcement Manager, noted the real cost to the City is $11,000.00 involving wear and tear on machinery, personnel and administrative costs. Commissioner Bertino motioned to uphold the lien of $ 11,963.00, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.2 Request for abatement for Christine Taylor Est % Jacqueline I. Kurland, Case #03- 5807, for property located at 31 NW 14" Court (#0233-13-0130) Attorney Tim Ryan advised this case is for 6 violations: failure to remove all trash and junk from the property; failure to remove all inoperative vehicles from the property; failure to paint building which is discolored and has peeling paint; and failure to obtain permit for installation of shed. The fines ran for 576 days for a total of$40,420.00, including recording fees. The Special Magistrate recommended abatement to $8,000.00. Jason Dubow, Attorney representing the property owners, noted this is the Mann Plat. He said there had been other deaths in the family since the death of Christine Taylor, therefore notices were mailed to the representative in Michigan, and the local family members were not aware of what was going on. Once the granddaughters learned of the problems, they corrected them. He requested a reduction to reimburse the City for the actual costs incurred and for an extension of time to sell the property. He noted the properties are currently in probate and not listed for sale. The title needs to be cleared and they do not know the property value in today's market. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid within 12 months or upon settlement of probate, if not then it reverts back to the original fine; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.3 Request for abatement for Christine Taylor, Case #05-1410, for a vacant lot E of 1481 W Dania Beach Boulevard (#0233-13-0030) Attorney Tim Ryan advised this case is for one violation of failure to remove all trash, garbage, litter and miscellaneous debris and to cut/mow grass and weeds. The fines ran for 748 days for a total of$18,876.50, including recording fees. The Special Magistrate recommended abatement to $3,600.00. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid within 12 months or upon settlement of probate, if not then it reverts back to the original fine; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.4 Request for abatement for Adolfo E. Berrios & Zoja Fahmy, Case #05-0613, for property located at 43 SE 10`h Terrace (#1203-13-0360) Attorney Tim Ryan advised this case came before the Commission on July 19, 2007 and the fine was abated to $10,000.00, to be paid within 30 days. The property owner came before the Commission on September 20, 2007 and the Commission upheld the $10,000.00, with an additional 90 days to be paid. The property owner is now requesting an extension of time to pay the fine. The fine has reverted back to the original $45,000.00. Nick Lupo, Code Enforcement Manager, noted that the property owner has been in contact with him requesting time to extend the payment of$10,000.00. Anna Berrios, property owner, noted they did not have the money to pay the fine until they recently sold another piece of property. She is currently able to pay the $10,000.00. Commissioner Flury motioned to abate the lien to $10,000.00, to be paid within 10 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.5 Request for abatement for Robert R. Spiece, Jr., Case #05-1572, for property located at 105 SW ls`Court (#0234-01-3621) Attorney Tim Ryan advised this case is for 5 violations: failure to cover those areas not covered by hard surface with sod; failure to submit irrigation plan, obtain permits, install irrigation system for all newly planted sod and obtain required inspections; failure to remove all trash, garbage, litter or other miscellaneous debris and to cut overgrown grass and/or weeds including the abutting rights of way on the property; and failure to pave, repair or replace all paved/parking areas on the property. The fine ran for 368 days for a total of$92,176.50, including recording fees. The Special Magistrate recommended abatement to $5,000.00. Robert Spiece noted his roof came off during Hurricane Katrina and he had to move out of his half of the duplex. He also went through a divorce and his ex-wife did not forward the mail to him. He requested the fine be eliminated because it cost him more than $18,000.00 in repairs. He no longer lives on the property, but both units are currently rented. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,March 20,2008-6:00 p.m. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid within 30 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.6 Request for abatement for Lois L. Strickland, Case #06-0200, for property located at 206 NW 5 h Avenue (40234-01-0310) Attorney Tim Ryan advised this case is for 8 violations: failure to repair fence, permit required; failure to remove material covering window; failure to remove graveled surface and replace with sod; failure to clean, sanitize and maintain all areas; failure to remove trash, garbage, litter or other miscellaneous debris an to cut overgrown grass and/or weeds, trees, shrubs and hedges on the property; failure to remove junked and abandoned vehicles; failure to cease motor vehicle repair work on property; and failure to display number on front of building The fine ran for 454 days for a total of$45,568.00, including recording fees. The Special Magistrate recommended abatement to $9,000.00. This case is in foreclosure. Commissioner Anton motioned to abate the lien to $9,000.00, to be paid within 90 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.7 Request for abatement for Realassist Holding Inc., Case #06-0862, for property located at 5900 SW 25`s Avenue (#0232-25-0050) Attorney Tim Ryan advised this case is for 3 violations: a portion of the yard area exposed to public view does not have live vegetative material; the parking area does not have an approved asphalt, concrete or block surface; and litter, trash and debris on the property. The fine ran for 419 days for a total of $83,976.50, including recording fees. The Special Magistrate recommended abatement to $8,300.00. Mr. Yacob Thaller is the new property owner and noted that he had title insurance and paid $450,000 for one duplex. He said he spent a lot of money on the parking lot. Commissioner Flury motioned to abate the lien to $8,300.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.8 Request for abatement for Realassist Holding Inc., Case #06-1099, for property located at 2500 SW 58's Manor(#0232-25-0010) Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. Attorney Tim Ryan advised this is for 4 violations: litter, trash, debris and untended vegetation on the property; litter, trash and debris on the abutting right of way of the property; bulk trash set out for pickup prior to the Friday that pickups are scheduled; and garbage carts and all other receptacles should be removed from the right of way and from the front yard no later than dusk of the day of collection. The fine ran for 383 days for a total of$38,468.00, including recording fees. The Special Magistrate recommended abatement to $3,850.00. Commissioner Anton motioned to abate the lien to $3,850.00, to be paid within 90 days; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.9 Request for abatement for Yacob Thaller, Case #06-1006, for property located at 5813 SW 24s' Avenue (#0232-19-0040) Attorney Tim Ryan advised this case is for one violation of failure to obtain permits for the installation of a sprinkler system, or remove all work. The fine ran for 275 days for a total of $27,659.50, including recording fees. The Special Magistrate recommended abatement to $2,750.00. Commissioner Bertino motioned to abate the lien to $2,750.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.10 Request for abatement for Urzule & Nesly Bonny, Case #06-1443, for property located at 721 SW 3`d Place (#1203-36-0440) Attorney Tim Ryan advised this case is for 14 violations: windows in a state of disrepair; windows are not fitted with screens; the parking area is not an approved hard surface; a portion of the yard lacks live vegetative material; trash, litter and garbage on the property; trash and litter on the adjoining right of way; untended vegetation on the property; and the sidewalk abutting the property has breaks and is damaged. The fine ran for 97 days for a total of$19,558.00, including recording fees. The Special Magistrate recommended a fine of$1,940.00, plus the outstanding sidewalk lien of$1,881.09, for a total of$3,821.09 if paid by February 1, 2008. Nesly Bonny, property owner, requested a reduction due to the hardship of the economy. He said his property was vacant because of the traffic on the City street, and that he is willing to pay the cost for the 50-50 sidewalk repairs. Commissioner Bertino motioned to abate the lien to $21,439.09. The motion was withdrawn. Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. Commissioner Flury motioned to abate the lien to $1,940.00, plus the outstanding sidewalk lien of$1,881.09, to be paid within 90 days; seconded by Commissioner Anton. The motion failed on the following 2-2 Roll Call vote: Commissioner Anton No Commissioner Flury Yes Commissioner Bertino No Mayor Jones Yes Attorney Ryan clarified that the fine reverted to the original amount if not paid by February 1, 2008. Commissioner Bertino motioned to uphold the lien of $20,000.00, plus the outstanding sidewalk lien of $1,881.09, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes 3.11 Request for abatement for Urzule & Nesly Bonny, Case #06-1444, for property located at 713 SW 3`d Place (#1203-36-0451) Attorney Tim Ryan advised this case is for 15 violations: building exterior in a state of disrepair; exterior surface deteriorated and needs painting; parking area not an approved hard surface; a portion of the yard lacks live vegetation cover; trash, litter and garbage on the property; trash and litter on the adjoining right of way; untended vegetation on the property; bulk trash put out at the incorrect time; junked and abandoned vehicles parked or stored on the property; operating a business without an Occupational License; sidewalk abutting the property has breaks and is damaged; and failure to cover parking area with an approved hard surface. The fine ran for 118 days for a total of$23,758.00, including recording fees. The Special Magistrate recommended abatement to $2,340.00, plus the outstanding sidewalk lien of$1,810.13, for a total of$4,150.13 if paid by February 1, 2008. Commissioner Bertino motioned to uphold the lien of $23,758.00, plus the outstanding sidewalk lien of $1,810.13, to be paid within 30 days; seconded by Commissioner Anton. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Commissioner Flury No Commissioner Bertino Yes Mayor Jones Yes 3.12 Request for abatement for Cuba Land Trust, Case #06-1575, for property located at 60 SW 15d' Street(#1203-10-5770) Attorney Tim Ryan advised this case is for 11 violations: windows and exterior doors are in a state of disrepair; windows lack fully operable hardware; foundation, floors, walls, ceilings, roof, roof surfaces, windows, doors, and all other building parts to be structurally sound, weather proof, water tight, rodent proof, and kept in a state of good repair; accessory structure must be repaired, replaced or removed; exterior surface of the structure is deteriorated and must be Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. painted; all surfaces requiring painting or which are otherwise protected from the elements shall be kept painted or protected, maintained free of graffiti, and be of uniform color; untended vegetation on the premises; trash and litter on the property and on the swale area; untended vegetation on the premises and the abutting right of way; and the sidewalk abutting the property is broken and in a state of disrepair. The fine ran for 320 days for a total of $64,158.00, including recording fees. The Special Magistrate recommended abatement to $6,500.00. Attorney Ryan noted we had a problem with the correct mailing address. Nick Lupo, Code Enforcement Manager, noted there is a language barrier problem, and that he was not opposed to lowering the cost. He said they acted quickly when they were notified of the violations. Staff recommended reducing the fine to $4,000.00. Commissioner Flury motioned to abate the lien to $4,000.00, to be paid within 60 days; seconded by Commissioner Anton. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino No Mayor Jones Yes 3.13 Request for abatement for Front Water Investments, LLC, Case #07-0103, for property located at 4607 SW 44`"Avenue (#0125-28-0020) Attorney Tim Ryan advised this case is for 11 violations: failure to remove balloon hanging from tree; untended vegetation on the premises; trash and litter on the property and right of way; failure to cut vegetation; failure to place updated tag on car; failure to have an Occupational License; failure to display missing numbers; exterior storage of items on the property; and the parking area is not an approved hard surface. The fine ran for 252 days for a total of$37,924.00, including recording fees. The Special Magistrate recommended abatement to $7,500.00. Bill Rish, property owner, agreed with the recommendation, but asked for consideration. He noted they evicted all the tenants that were violators when they purchased the property. He said they are losing $30,000.00 per month on rent on the property. Commissioner Flury motioned to abate the lien to $5,000.00, to be paid tomorrow; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner Flury Yes Commissioner Bertino Yes Mayor Jones Yes Minutes of Abatement Hearing 7 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m. 4. Adiourmnent Mayor Jones adjourned the meeting at 7:15 p.m. ATTEST: ( j CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR—COMMIS ONER Approved: April 8,2008 Minutes of Abatement Hearing 8 Dania Beach City Commission Thursday,March 20,2008—6:00 p.m.