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Home My WebLink About101524 - MINUTES - City Commission MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, SEPTEMBER 18, 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 Motion for Reconsideration for Griffin Investment Realty, Case #04-0320, for property located at 3401 Griffin Road (#0230-08-0061) - Requested by Mayor Jones Mayor Jones passed the gavel and motioned to reconsider the abatement request for Griffin Investment Realty; 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 Attorney Tim Ryan advised the City Commission heard the abatement request on May 15, 2008 and abated the lien to $42,800.00, to be paid within 90 days. He noted the 90 day period has passed, so the Commission may want to extend the time for payment even if they do not reduce the lien. 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 i fine ran for 1,140 days for a total of $85,600.00, including recording fees. The Special Magistrate recommended an abatement of 50% ($42,800.00). Hillary Zalman, Attorney for the defendant, introduced the 2 owners of the property: Haim Yehezkel and Joseph Cohen. She noted the property owners realized in October 2007 that there was a problem with the property, and that is when they hired a new property manager who brought the property into compliance. Haim Yehezkel,property owner, noted they fixed the violations as soon as they knew there was a problem. However, they failed to tell the City that the violations had been completed, and they did not close the permit. Joseph Cohen, property owner, said he took over the management of the property two months ago in order to be on top of everything. Commissioner Anton motioned to extend the time for an additional 90 days to pay the lien of$42,800.00; 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 Mr. Yehezkel argued with the Commission that the fine was too high, at which time the City Attorney notified him that they needed to leave the room. 3.2 Abatement Request for Steven Altland, Case #06-0847, for property located at 723 SW 5`h Street(#1203-34-0940) Attorney Tim Ryan advised this case is for 9 violations consisting of: failure to repair or replace parking area; failure to replace damaged windows; failure to remove or place vehicles in operable condition; failure to pressure clean or paint building; failure to sod open spaces not covered by hard surfaces; failure to remove miscellaneous debris from property; failure to remove materials of a hazardous nature; and failure to renew occupational license. The fine ran for 549 days for a total of$55,068.00, including recording fees. He noted the City has a pending foreclosure on the property, which was filed in December 2007. The compliance happened after that date. The Special Magistrate recommended the fine be abated to $25,000.00. Attorney Ryan advised there are two mortgages on the property. Commissioner Anton noted these are the types of problems we have with absentee landlords. Commissioner Anton motioned to abate the lien to $25,000.00; seconded by Commissioner Bertino. Steven Altland, 775 NW 49`h Avenue, Plantation, owner of the property, explained that he is not an absentee landlord. He said the problems began when his tenant moved out. Every time he Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,September 18,2008—6:00 p.m. went to the property he would have to call the Police because people were sleeping on the property. He paints the building every year and constantly has broken windows. He also said that there is trash on the property every weekend, which he has to pickup on Monday mornings. He indicated that he had a problem obtaining a window permit. City Attorney Ansbro advised Mr. Altland to control his voice and temperament or he would need to leave the building. Attorney Ryan noted that if Mr. Altland notifies his lending company to contact his office, he will assist him in obtaining the funds due to the foreclosure. Commissioner Anton amended the motion to include 120 days for payment, with the authority for Attorney Ryan to extend the time if necessary for Mr. Altland to borrow the funds. 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 3.3 Abatement Request for Robert Taylor, Case #07-0647, for vacant property located at NW 5d' Avenue (#0234-06-0090) Attorney Tim Ryan advised this case is for one violation of not maintaining the sidewalk. The fine ran for 216 days for a total of$32,558.00, including recording fees. The Special Magistrate recommended reducing the fine to $500.00. 3.4 Abatement Request for Robert Taylor, Case #07-0732, for vacant property located at South Half NW 5a' Avenue and NW 3rd Street (#0234-06-0080) Attorney Tim Ryan advised this case is for one violation of not maintaining the sidewalk. The fine ran for 216 days for a total of$32,549.50, including recording fees. The Special Magistrate recommended reducing the fine to $500.00. Robert Taylor, Homosassa, noted that he participated in the City's 50150 Sidewalk Plan once he became aware of the problem. Both properties have been repaired. He explained that he moved from Dania Beach to Largo, then to Homosassa, but not all of his mail was forwarded to Homosassa. Commissioner Flury motioned to abate the liens to $500.00 for each case, to be paid in 30 days; seconded by Commissioner Anton. 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 Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,September 18,2008—6:00 p.m. Commissioner Bertino requested that a Police Officer be assigned to attend the Abatement Hearings. Vice-Mayor Castro requested that a report be included in the back-up material as to how many times the Police have been called to the subject properties. 4. Adjournment Mayor Jones adjourned the meeting at 6:40 p.m. ATTEST: CITY OF DANIA BEACH ��Tyn � ' I n /n OQO�Ppp'S FIltSTC'r� LOUISE STILSON, CMC ALBERT C. MNES CITY CLERK MAYOR—COMMI I 4E R Approved: October 14, 2008 Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, September 18,2008—6:00 p.m.