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HomeMy WebLinkAboutAbatement Hearing (3) MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 15, 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 Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request for abatement for Griffin Investment Realty, Case #04-0320, for property located at 3401 Griffin Road (#0230-08-0061) Attorney Tim Ryan advised this case is for one violation of a leaking roof with ceiling damage, and the rear doors are deteriorated and falling off the hinges. The violation also consists of failure to have the roofing contractor obtain a permit to repair or replace the roof and doors. The fine ran for 1,140 days for a total of $85,600.00, including recording fees. The Special Magistrate recommends an abatement of 50%($42,800.00). Nicholas Lupo, Code Compliance Manager, noted the property is currently in compliance. He indicated that staff members of the owner's company did not notify the owners of the severity of the problem. Once the owners were aware of the problems, they hired a new management company and Mr. Delgado was brought on board and made the needed repairs. He noted this is a Strip Mall on Griffin Road. Hillary Zalman, Attorney for the defendant, noted the property is not for sale, and the current owners purchased it in September 2003. She noted the property owner realized in October 2007 that there was a problem with the property, and that is when he hired a new property manager who brought the property into compliance. She said this problem will never happen again because they are taking an active role in maintaining communication with the City. She indicated that the fine of$42,000 would bankrupt this property. Ms. Zalman acknowledged that the owner also has 2 other large properties on Griffin Road in Dania Beach. She requested a reduction to a few thousand dollars. Attorney Ryan noted the cost of this case is $2,500 for the City. Commissioner Bertino motioned to keep the fine at $85,500. Motion died for lack of a second. Commissioner Flury motioned to abate the lien to $42,800.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro No Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.2 Request for abatement for Urzule & Nesly Bonny, Case #06-1443, for property located at 721 SW 3`d Place (#1203-36-0440) Mayor Jones, Vice-Mayor Castro, Commissioner Anton, and Commissioner Bertino noted they had been contacted by Mr. Bonny. Attorney Ryan advised this came before the Commission on March 20, 2008 and the Commission motioned to uphold the lien of S20,000.00, plus the sidewalk lien of$1,881.09, to be paid within 90 days. Commissioner Flury motioned to reconsider the case for the purpose of extending the time for payment by an additional 90 days; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Mayor Jones passed the gavel to Commissioner Anton and motioned to reconsider the case; seconded by Vice-Mayor Castro. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor Castro Yes Commissioner Bertino No Mayor Jones Yes Commissioner Flury Yes 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 Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,May 15,2008—6:00 p.m. 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. Attorney Ryan advised this came before the Commission on March 20, 2008 and the Commission motioned to uphold the lien of$20,000.00, plus the sidewalk lien of$1,881.09, to be paid within 90 days. Nicholas Lupo, Code Compliance Manager, noted the property is currently in compliance, and staff recommends a reduction to $9,776.00, plus the sidewalk lien of$1,881.00. Mr. Bonny stated that the sidewalk lien has been paid. Commissioner Bertino motioned to deny the request and keep the lien approved on March 20,2008; seconded by Commissioner Flury. Vice-Mayor Castro commented that the Commission has previously discussed the problems with the Sidewalk Plan, and noted that it needs to be revisited. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Vice-Mayor Castro motioned to reduce the lien to $11,657.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino No Mayor Jones Yes Commissioner Flury Yes 3.3 Request for abatement for Urzule & Nesly Bonny, Case #06-1444, for property located at 713 SW 3`d Place (#1203-36-0451) There was no motion by the Commission to reconsider this case, therefore, the lien approved by the City Commission on March 20, 2008 is still in effect. Nicholas Lupo, Code Compliance Manager, addressed the code that allows vessels, trailers, and recreational vehicles in the front yard. He suggested a restriction of I item per front yard, and the remaining items could be stored in the side or back yard. He indicated that a screening requirement would be added in the new code. Commissioner Anton commented that we are a marine City, and he will not support anything that requires screening from the street side. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,May 15,2008—6:00 p.m. Commissioner Flury questioned if the Commission should ask for recommendations from staff or discuss the Sidewalk Plan as an agenda item. Vice-Mayor Castro asked staff for recommendations for the Sidewalk Plan. 4. Adjournment Mayor Jones adjourned the meeting at 6:57 p.m. ATTEST: CITY OF DANIA BEACH oi� A ') - LOUISE STILSON, CMC ALBERT C. JONE CITY CLERK 'S FIR,t MAYOR—COMMI NER ��Pap >t.? Approved: May 27, 2008 ° Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,May 15,2008—6:00 p.m.