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HomeMy WebLinkAboutAbatement Hearing (7) MINUTES OF MEETING DANIA BEACII CI I Y COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 15, 2009 - 6:00 P.M. I. Call to Order Mayor Junes ended the meeting to order at 60O p.m. 2. Roll Call Present: Mayor'. Albcrl C. Janes Vice-Mayor: Anne Castro Commissioners: Bob Ammm Patricia Flury Interim City Manager: Colin Donnelly City Attorney: Tom Anatim City C'lerk'. Louise Stilson Cade Attamey'. Tim Ryan Absent: Commissioner: John Beano 3. Abatement Reactso 3A Abatement Request for THR, Inc, for lot mowing and/or debris removal for the vacant lot located south of 2500 C3rillin Ruud (90232-01-0110) Attorney Tim Ryan advised that 4.8 acres of the property is federally protected. Ile noted that Public Services cleaned the property after a hurricane and in February 2006 a lien was placed on the property for having excessive vegetative debris on the gwwA the current tool fine is approximately $4,300.00, Attorney Ryan reminded the Commission that they heard a related Code Pdbrcement case at the November 20, 2009 Accustom Hearing, He farther clarified that the property owner received a Inver from the Department of Fnvironmendd Protection stating that the removal, trimming or mowing of any native trees or undwstory vegetation is prohibited. Vice-Mayor Castro pointed out that the pictures provided with this item do not show any debris m the canopy of the trees. She further noted that although we must comply with the wituircmcnts of the County, we also have to protect the safety and welfare of our community. Attorney Ryan noted that due City responded to the complaints received from the nearby residents and notified the property owner; however, we were not advised that a portion of the property was federally protected. Troy Ippolito, owner of the property, noted the City was not aware Nat the property was federally protected. the national lowered document had been buried in the records since 1996 and the only agency that knew about it was the Department of Environmental Protection. He noted that heavy equipment is not allowed and Public Services claimed up part of the property after the hurricane, which resulted in problems with the Department of Environmental protection. Me Ippolito said he was willing to pay for the cleanup but asked that the admirdstmllve foes be re mwit, Anomey Ryan clarified that the amount of S2,744.00 represents personnel and equipment costs. Commissioner Flury, motioned to abate the lieu to $2,744.00, to be paid within 30 days; seconded by Vice-Mayor Castro. The motion earthed on the following 4.0 Roll Call vote: Commissioner Anton Yes Vice-al Castro Yes Commissioner Flury Yes Mayor Jones Yes 3.2 Abatement Request for Charles Midis, Pierre Menus k Evelyn Charles, for property located at 224 SW He Street, Case 409-1960 (#1203-I0-2460) Altomey Tim Ryan advised this one is for S violations: tfw rear carport is in o state of disrepair; the building exterior is deteriorated; the exterior surface of the coupon must be painted; and fire business requires an occupational license for residential rental. The fine ran fur 360 days for a total of$54,141.00, including recording fees. I tic Special Magistrate recommended the fine be abated to $21,000O0, Commissioner Flory clarified with Attorney Ryam and Cade Compliance Manager Lupo that there is on formal follow-up procedure to remind property owners that they are still in violation. Discussion fulluwed between the Commission and Code Compliance Manager Iupo regarding the bast way to handle cases that are not in compliance for more than a year. Commissioner Anton noted that people ignore the notice of violation until they are notified that they may lose their properly, He thought this was unfair to the neighbors in the area. Vice-Mayor Castro would like a better communication system to avoid misunderstandings. Alomey Ryan proposed sending a letter to the property owners, ninety days after the Special Magistrate hearing, outlining the seriousness of the situation. ]eremy Kohn, attorney for the property owner, indicated his client did not ignore the notices, but the arc is a language problem. He explained the series of problems his client had, from ThrouCarm Mmm,, af AFamment Heerlen 2 Derv,Bcazh City Cammksion Thu..day,lemewy 15, 200-6:00 p.m. Wilma imputing the roof, to dead cables left by Comeast who never came to pick them up. His client had Citizens insurance which did not give him any money until early 2006. Attorney Kohn remarked that his client addressed the situation to the best of his ability. Lastly, he noted that his client is desperate because he is afraid to lose his retirement property. Attorney Kohn requested a favorable consideration be given to this case. Attorney Ryan eoufirmed that the City sent the notices to the wrong address in Maryland. Attorney Kuhn noted that the tenant was given a power of atumay to obtain the occupational license and the necessary permits for the repairs to the property, but the City would not accept the document. Andre Idises, 224 SW 13r' Street, noted he has lived at the property for four years. He continued that the repairs to the roof and soffits were completed in January, 2008. Attorney Ryan noted the permit was not closed out after the work was completed. Nick Lupo, Codc Complianco Manager, noted that the property was in full compliance on December 4, 2008, Commissioner Flury motium l to abate the lien to $5,000.00, to be paid within 90 days; seconded by Vice-Mayor Castro. The motion carried on the following 3A Roll Call vote: Commissioner Anton No Vice-Mayor Castro Yes Commissioner Flury Yes Mayor.lonea Yes 3.3 Abatement Request for Livio Basso & Claudette Dionne-Basso, for property located at 2855 SW 58 Street, Case 407-1997 (40232-17-0730) Nick Lupou Code Compliance Manager, advised we received a request to react the hearing ditto subsequent to February 15, 2009. Vlec-Mayor Castro motioned to continue the request until March 19, 2009 at 6:00 p.m.; seconded by Commissioner Flury. The motion carried unanimously. 3.4 Abatement Request for Dania Beach Hotel, LLP, for property located at 180 E. Dania Beach Boulevard, Case k08-1006 (M0234-10-0010) Attorney 1'im Ryan advised this case is for 5 violations, the building is open to entry and is not secure against occupancy, creating an Basotho and hazardous condition; the exterior auto" of the structure is deteriorated; bash and litter on No premises; trash mid liner on the rights-of-way adjoining the property; and there is untended vegetation on the property and the rights-of-way adjoining the property. The fine ran for 145 days for a acted of $72,632.50, including recording fees. The Special Magistrate recommended the tine be abated to $35,000.00. Minutes 0fAbatement Hearing 3 Wnis Beach Ciry Commission 'tfiurs4ay,lanuary 15, 2009-6:00 p.m. Nick Lupo, Code Compliance Manager, clarified for the record that the City did not send an order of demulitien, but an order to sector the property for the safety of the community as well as other nuisance violations. Scutt Berkman, Attorney representing the Dania Beach Hotel, indicated that the notices which were sent out were returned to be City; the owner never received notice. He noted that he and his client discovered the error through email correspondence with the City in connection with the demolition of be property, and worked with City stuff to resolve the fines. Attorney Backnan noted Nat ds building was boarded up immediately mid his client wants to make sure there are no future violations. He indicated that the permit for the demolition has already been obtained, however, the building needs asbestos romediatien at a cost of approximately S90,000. Attorney hackman asked for permissim to take down the liquor stare, in addition to the consumer conage for which they do have a permit They will take progressive action to get due building tom down in 6 months. He stated they will come to number Abatement Homing In 6 months with a plan to resolve all be issues. City Attorney Austin rcmtmacndcd that the Commission abate the fine to $72,000.00 and proceed with foreclosure. Commissioner Anton motioned to pruoeed with the City Ahorney's recommendation, keeping the maximum from, with ISO days to take the building down; if It is demolished as requested, the lien is abated in fall; if the building is not torn down,we would praised with foreclosure; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vices Mayor Castro Yes Commissioner Mary Yes Mayor Jones Yes City Art Ansbro advised that he received a call from an attnmey representing a client who is interested in purchasing the Beach Watch Restaurant, which is for sale on tot intnne. He noted that the possible buyer has no restaufant cxperimnce and is offering $199,000 00, Vim-Mayor Castro caminamed the City should consider buying the business if that is the price. Commissioner Flury noted the current leaseholder may want to sublease the restaurant operation. Interior City Manager Colin Donnelly advised we received a request from the Beach Walsh Restaurant aspects to film a TV show culled "Kitchen Nightmares". It was the consensus of the Commission to allow the program to be filmed on-site. Minutes of Abatement towns q mobs Beach city Commission nnrsaay.luncmy Is, 2009 _Causes 4. Adioumment Mayor Jones adjourned the meeting at 9:18 p.m. At IYS'I'. CIIY OF DANIA BEACH 0 nv,Lr . c LOUISE STILSON, CMC ewsr arr #M.BERTC. JONES CITY CLERK MAYORLOMMISSIONER Approved: February 11, 2009 m , Minutes of Abatement Hearing 5 Dam Beach Ciry Commission I hursday, lnnunry 15,209-6'.on p m.