HomeMy WebLinkAboutAbatement Hearing (10) MINUTES OF MEETING
DANIA BEACH CITY COMMISSION
ABATEMENT HEARING
THURSDAY, MAY 21, 2009 - 6:00 P.M.
1. Call to Order
Mayor Castro called the meeting to order at 6:00 p.m.
2. Roll Call
Present:
Mayor: Anne Castro
Vice-Mayor: C.K. "Mac" McElyea
Commissioner: Walter Duke
City Manager: Bob Baldwin
City Attorney: Tom Ansbro
City Clerk: Louise Stilson
Code Attorney: Tim Ryan
Absent:
Commissioners: Bob Anton
Albert C. Jones
3. Abatement Requests
3.1 Request for Neville Crooks, for approval of payment plan for property located at
2400 SW 58 h Manor, Case #06-1630 (#0232-22-0010) (Continued from March 19,
2009)
Attorney Tim Ryan advised this request is for an extension of time to pay the $40,000.00 fine
imposed by the City Commission on November 20, 2008. He noted that a partial payment of
$10,000.00 has been made.
Nick Lupo, Code Compliance Manager, noted that he met with Colin Donnelly, Assistant City
Manager, to review the documentation provided by Mr. Crooks and they concluded that a
monthly payment of $500.00 would not be excessive. He indicated staff recommends this
payment formula until the balance is paid in full.
Neville Crooks, property owner,noted that the property is now in compliance as requested by the
Commission. He requested an extension to the payment plan.
Commissioner Duke noted that if the City accepts the payment plan the property needs to be kept
in compliance.
Attorney Ryan pointed out that the monthly income for the three units was taken into
consideration when a payment plan was suggested.
Commissioner Duke motioned to approve the $500.00 per month payment plan, with the
condition that the property is kept in compliance. Commissioner Duke withdrew the motion.
Commissioner Duke said if Mr. Crooks remains current in his payments over a 24-36 month
period, he would consider a reduction for the remainder of the lien.
Vice-Mayor McElyea asked Mr. Crooks if he would settle for $10,000.00 to be paid in 30 days.
Mr. Crooks responded in the affirmative, provided he can obtain another loan.
Commissioner Duke motioned to provide Mr. Crooks the option to pay $10,000.00 within
30 days, or 36 consecutive monthly payments of $500.00, provided the property is kept in
compliance. If a payment is late during the 36 month period, the fine reverts back to the
original amount and must be paid within 60 months. The motion was seconded by Vice-
Mayor McElyea and carried on the following 3-0 Roll Call vote:
Commissioner Duke Yes Mayor Castro Yes
Vice-Mayor McElyea Yes
3.2 Abatement Request for Henry Bowe, Jr., for property located at 4717 SW 351,
Avenue, Case #07-1370 (#0230-04-0990) (Continued from March 19,2009)
Attorney Tim Ryan advised this case is for 6 violations: fence is in a state of disrepair; trash cart
is left in front of the property after the day of collection; business of renting requires an
occupational license; hedges between the building street right-of-way exceed four feet in height.
The fine ran for 404 days for a total of $60,749.50, including recording fees. The Special
Magistrate recommended an abatement of the fine to $10,000.00.
Tom Johnston, 2335 E. Atlantic Boulevard, Pompano Beach, representing the respondent, noted
that Mr. Bowe's children were responsible for bringing in the trash cans. He requested a further
reduction from the $10,000.00 as recommended by the Special Magistrate because none of the
issues were life safety issues. Mr. Johnston suggested Mr. Bowe pay $2,000.00.
Henry Bowe, Jr. clarified he does not run a business out of his house and has lived there with his
children for 5 years.
Attorney Ryan responded for Mayor Castro that our costs are estimated in about $2,500.00.
Vice-Mayor McElyea motioned to abate the lien to $2,500.00, to be paid in 15 months;
seconded by Commissioner Duke. The motion carried on the following 3-0 Roll Call vote:
Minutes of Abatement Hearing 2
Dania Beach City Commission
Thursday, May 21,2009-6:00 p.m.
Commissioner Duke Yes Mayor Castro Yes
Vice-Mayor McElyea Yes
3.3 Abatement Request for My Darling, LLC, for property located at 4433 Stirling Road,
Case#07-2287 (#0136-03-0160) (Continued from March 19, 2009)
Attorney Tim Ryan advised that the applicant requested a continuance.
Commissioner Duke motioned to continue the request until the next Abatement Hearing;
seconded by Vice-Mayor McElyea. The motion carried unanimously.
3.4 Abatement Request for Al Bartosh, for property located at 203 SE 2"d Street, Case
#06-1452 (#0234-18-0370)
Attorney Tim Ryan advised that the applicant requested a continuance.
Commissioner Duke motioned to continue the request until the next Abatement Hearing;
seconded by Vice-Mayor McElyea. The motion carried unanimously.
3.5 Request from Deutsche Bank for a partial lien release for property owned by Jeremy
Goldstein for Case #07-2835 (#5142-0310-2820)
Attorney Tim Ryan advised he was contacted by the attorney for Deutsche Bank requesting a
partial lien release for property that was not subject to a code violation, but was additional
property owned by the Respondent, Jeremy Goldstein. Our lien was recorded after the Lis
Pendens in the mortgage foreclosure action and cannot be enforced against this property.
Attorney Ryan noted the title insurer requested a partial release. He said the City has provided
partial releases under these circumstances upon payment of a $250.00 administrative fee;
however the attorney for Deutsche Bank agreed to pay a$500.00 administrative fee.
4. Adiournment
Mayor Castro adjourned the meeting at 6:32 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC ANNE CASTRO
CITY CLERK en�PPo's Furor` MAYOR—COMMISSIONER
Approved: June 23, 2009
Minutes of Abatement Hearing
Dania Beach City Commission
Thursday,May 21,2009-6:00 p.m.
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