HomeMy WebLinkAboutAbatement Hearing (9) MINUTES OF MEETING
DANIA BEACH CITY COMMISSION
ABATEMENT HEARING
THURSDAY, SEPTEMBER 17, 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— arrived at 6:45 p.m.
Commissioners: Bob Anton
Walter Duke
Albert C. Jones
City Manager: Bob Baldwin
City Clerk: Louise Stilson
Code Attorney: Tim Ryan
City Attorney Ansbro asked to be excused so that he may attend his son's open house.
3. Abatement Requests
3.1 Abatement request for Ruth Mae Wells and Roosevelt Wells for property located at
21 NW 6 Avenue, Case#07-0937 (#0234-01-2481)
Attorney Tim Ryan advised this case is for 9 violations: damaged or deteriorated windows must
be repaired or replaced; windows lack screens; exterior of structure must be painted; litter, trash
and debris must be removed from the premises; trash and litter on the right of way adjoining the
property; junked and abandoned vehicles parked or stored on the property; and swale must be
maintained and trimmed. The fine ran for 563 days for a total of$84,599.50, including recording
fees. The Special Magistrate has made no recommendation on the abatement, and the case has
been forwarded directly to the City Commission.
Nick Lupo, Code Compliance Manager, noted the reason the Magistrate did not make a
recommendation is because the person coming forward, Alex Dubow, said the property belonged
to an aunt and uncle. However, Ruth Mae Wells is deceased, and Mr. Dubow could not produce
power of attorney.
Commissioner Anton stated he would vote for this property to go through the Amnesty Program.
Attorney Ryan noted we already have authorization to foreclose. He said we have to publish a
notice of action and then move forward. Attorney Ryan noted it could take 4-6 months before
we can go to sale.
Commissioner Anton motioned to proceed with foreclosure, unless they partake in the
Amnesty Program; seconded by Commissioner Jones. The motion carried on the following
3-1 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Not present
Commissioner Duke No Mayor Castro Yes
Commissioner Jones Yes
3.2 Abatement request for Douglas Hammond for property located at 3001 SW 45 Street,
Case#07-2587 (#0229-01-0991)
Attorney Tim Ryan advised this case involved 2 violations: land fill that encroached on the oak
tree drip line (tree abuse), and land fill brought and placed on the property without zoning and
building approval. The fine ran for 214 days for a total of$32,241.00, including recording fees.
On May 7, 2009, the Special Magistrate reduced the fine to $3,000.00, provided it was paid by
June 6, 2009. The fine was not paid by the due date and the respondent requested to have the
lien recorded so that he may appear before the City Commission.
Douglas Hammond, property owner, noted he had a seawall and dredge permit from the City.
The dirt that was dredged went back onto the property, and he also removed an oak tree
(permitted). He was cited for bringing the dredged dirt onto the property. Mr. Hammond said he
was ill-advised by City staff as to what he could do. He said they told him to get a site plan, but
he did not realize it would take so long to get it. Mr. Hammond stated he did not bring additional
fill onto the property; it was from his dredging project. He confirmed he had an Army Corps of
Engineer permit, as well as a South Florida Water Management permit, in addition to the City
permit.
Commissioner Duke motioned to abate the lien to $2,500.00, to be paid within 90-120 days;
seconded by Commissioner Jones.
Commissioner Duke amended his motion to $2,000.00, to be paid in 90 days. Commissioner
Jones did not second the motion.
Mr. Hammond confirmed that he did not bring additional fill onto his property; the only fill
brought on the property was from the dredging project.
Commissioner Duke withdrew his motion.
Commissioner Anton motioned to abate the lien to $1,500.00, to be paid in 90 days;
seconded by Commissioner Jones. The motion carried on the following 3-1 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Not present
Minutes of Abatement Hearing 2
Dania Beach City Commission
Thursday,September 17,2009-6:00 p.m.
Commissioner Duke No Mayor Castro Yes
Commissioner Jones Yes
3.3 Abatement request for Tarn Tantikij for property located at 3121 SW 44 Street, Case
#04-1264 (#0230-01-0480)
Attorney Tim Ryan advised this case involved 3 violations: failure to obtain permits and
inspections for the installation of doors and windows; failure to remove inoperative and
unlicensed vehicles; and failure to paint building which is discolored. The fine ran for 1,286
days for a total of$64,476.50, including recording fees. The Special Magistrate recommended
an abatement of$2,500.00.
Tarn Tantikij, property owner, noted the house had jalousie windows and the house had been
broken into several times. He said he panicked before the hurricanes and bought new windows
and doors from Home Depot and installed them. Mr. Tantikij said only the fascia board needed
painting, not the entire garage. He noted that the house is still vacant because the house is
located in a low rent/high crime neighborhood. Mr. Tantikij asked if he could pay the actual
costs incurred by the City.
Nick Lupo, Code Compliance Manager, confirmed there were police reports validating Mr.
Tantikif s report of crime on his property.
Commissioner Anton motioned to abate the lien to $2,500.00, as recommended by the
Special Magistrate, to be paid in 120 days; seconded by Commissioner Duke. The motion
carried on the following 3-1 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Not present
Commissioner Duke Yes Mayor Castro Yes
Commissioner Jones No
3.4 Abatement request for Dorene Darling for property located at 123 NW 14 Way, Case
#07-2893 (#0233-12-0070)
Attorney Tim Ryan advised this case involves 3 violations for a fence that must be repaired,
replaced or removed. The fine ran for 429 days for a total of$43,041.00, including recording
fees. The Special Magistrate recommended an abatement of$4,200.00.
Edward Darling, 720 SW 8tn Street, noted this is his mother's property, and he was not aware of
the citation. He said that all notices will now be sent to him.
Commissioner Jones motioned to abate the lien to $2,000.00, to be paid in 30 days;
seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Not present
Commissioner Duke Yes Mayor Castro Yes
Commissioner Jones Yes
Minutes of Abatement Hearing 3
Dania Beach City Commission
Thursday,September 17,2009-6:00 p.m.
3.5 Abatement request for Frank West for property located at 149 NW 14 Avenue, Case
907-1919 (90233-11-0010)
Attorney Tim Ryan advised this case involves 10 violations: broken windows; windows lack
fully operational hardware; building exterior surface is in disrepair; electric outlet is broken;
building exterior wood is deteriorated; exterior surface of the structure is deteriorated and must
be painted; litter, trash and debris must be removed; trash and litter in the right of way adjoining
the property. The fine ran for 586 days for a total of$58,758.00, including recording fees. The
Special Magistrate recommended an abatement of$3,000.00.
Vice-Mayor McElyea arrived at 6:45 p.m.
Frank West,property owner, was present to answer questions.
Commissioner Jones motioned to abate the lien to $2,000.00, to be paid in 120 days;
seconded by Vice-Mayor McElyea. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Castro Yes
Commissioner Jones Yes
3.6 Abatement request for Al Bartosh for property located at 203 SE 2 Street, Case #06-
1452 (#0234-18-0370)
Attorney Tim Ryan advised this case consisted of 15 violations: damaged or deteriorated
windows; windows do not have fully operational hardware and screens; garage door is in a state
of disrepair; fence is in disrepair; and exterior of structure is in a state of disrepair. The fine ran
for 386 days for a total of $77,341.00, including recording fees. The Special Magistrate
recommended an abatement of$7,700.00.
Commissioner Anton motioned to allow the property owner to participate in the amnesty
program for the reduced rate of $20,800.00, or the fine will revert back to the original
amount; seconded by Commissioner Jones. The motion failed on the following 2-3 Roll
Call vote:
Commissioner Anton Yes Vice-Mayor McElyea No
Commissioner Duke No Mayor Castro No
Commissioner Jones Yes
Commissioner Duke motioned to abate the lien to $7,700.00, as recommended by the
Special Magistrate, to be paid in 120 days; seconded by Vice-Mayor McElyea. The motion
carried on the following 3-2 Roll Call vote:
Commissioner Anton No Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Castro Yes
Minutes of Abatement Hearing 4
Dania Beach City Commission
Thursday,September 17,2009-6:00 p.m.
Commissioner Jones No
3.7 Abatement request for American Maritime Officers Bldg Corp of Florida for property
located at 1002 SW 2 Avenue, Case #06-1310(#1203-10-2160)
Commissioner Duke recused himself from this case.
Attorney Tim Ryan advised this case involved 2 violations: a portion of the yard lacks vegetative
cover; and junked and abandoned vehicles parked or stored on the property. The fine ran for 84
days for a total of$16,959.50, including recording fees. The Special Magistrate recommended
an abatement of$1,500.00.
Lisa Duke, representing the property owner, provided a history of the property. She indicated
that AMO assumed the property was in compliance and closed the file. They discovered the lien
while they were relocating people from the mobile home park.
Commissioner Jones motioned to abate the lien to $1,000.00; seconded by Commissioner Anton.
Mayor Castro noted that AMO has done a phenomenal job on the mobile home property and paid
a large portion of the fine when they purchased the property. She recommended eliminating the
entire lien.
Commissioner Jones withdrew his motion.
Mayor Castro passed the gavel and motioned to completely eliminate the fine; seconded by
Vice-Mayor McElyea. The motion carried on the following 3-1 Roll Call vote:
Commissioner Anton No Vice-Mayor McElyea Yes
Commissioner Duke Recused Mayor Castro Yes
Commissioner Jones Yes
3.8 Abatement request for A & J Subachan Invest Inc. for property located at 380 S.
Federal Highway, Case #07-0158 (#1203-04-0010)
Attorney Tim Ryan advised this case involves 5 violations: building exterior surface is in
disrepair; exterior of the building is deteriorated and must be painted; trash, litter and garbage on
the property; trash and litter on the adjoining right of way; and garbage, refuse or waste on the
ground around the dumpster. The fine ran for 194 days for a total of $48,649.50, including
recording fees. The Special Magistrate recommended an abatement of$7,500.00.
Commissioner Anton motioned to keep the original fine and move to foreclosure; seconded
by Commissioner Jones. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Castro Yes
Commissioner Jones Yes
Minutes of Abatement Hearing 5
Dania Beach City Commission
Thursday,September 17,2009-6:00 p.m.
3.9 Abatement request for Bank of New York Trust Co., JP Morgan Chase Bank, for
property located at 35 SE 13 Terrace, Case #07-1883 (#1203-08-0211)
Attorney Tim Ryan advised this case involved 5 violations: untended vegetation on the rights of
way adjoining the property; untended vegetation on the premises and the adjoining right of way;
garbage cart in the front yard after the day of collection; building was altered from a single
family to a duplex without building and zoning approval; and windows were installed or added
without the required permits and inspections. The fine ran for 576 days for a total of
$115,385.00, including recording fees. The Special Magistrate recommended an abatement of
$50,000.00.
Nick Lupo, Code Compliance Manager, noted this property was in bank foreclosure and notices
were sent to the bank advising them of all the violations of the previous owner. The bank was
given 90 days to get the property into compliance before being cited. Mr. Lupo indicated the
bank tried to flip the property. He noted that since the house has been converted back into a
single family home, it would qualify for the Amnesty Program.
Joanne Delbow, attorney with Marshall Watson representing the bank, noted the property is
under contract for sale as-is for $105,000.00. She asked the Commission to settle for
administrative costs so that the lien is not passed on to the new property owner.
Nick Lupo, Code Compliance Manager, noted there is also a $760.88 lien for lot mowing by
Public Services.
Commissioner Anton motioned to abate the lien to $31,300.00 through the Amnesty
Program, plus the City's real costs for the lot mowing, to be paid in 30 days; seconded by
Commissioner Duke. The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Castro Yes
Commissioner Jones Yes
4. Adiournment
Mayor Castro adjourned the meeting at 7:18 p.m.
ATTEST: CITY OF DANIA BEACH
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LOUISE STILSON, CMC E CASTRO
CITY CLERK YOR—COMMISSIONER
Approved: October 13, 2009
Minutes of Abatement Hearing 6
Dania Beach City Commission
Thursday,September 17,2009-6:00 p.m.
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNC L,COMMISSI N.AUTHO ITV,OR COMMITTEE
GNtp A r Jlrrc
MAILIN ADDRESS YI S� O THE BOARD,COUNCIL,COMM SSION,AUTHORITY OR COMMITTEE ON
//� WHICH I SERVE IS A UNIT OF:
CITY e COUNTY Ill ❑COUNTY ❑OTHER LOCAL AGENCY
�y h fu, eA10 1 gj _AVdii�L NAME OF POLITICAL SUBDIV;ION:
DATE ONL/WHICH VOTE OCCURRED /� / r^J' D MY POSITION IS: I- rf
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating t0 the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
CE FORM 83-EFF. 1/2000 PAGE 1
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNC L,COMMISSI N,AUTIH ITV,OR COMMITTEE
ahta r d/ h
MAILIN ADDRESS /0 THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
'/'lj WHICH I SERVE IS A UNIT OF.
CITY (ee)� 7�COUNTV CITY ❑COUNTY ❑OTHER LOCAL AGENCY
a h fCl "C Al 7rLln/ NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE�"O'"`CLCCCURRED /'� rl
�� O MY POSITION IS:
1 ( ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
« « « « « «
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
CE FORM BE-EFF.112000 PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
II- 1,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1'-----wftj+C1_-'D 4 ke---------------' hereby disclose that on---------------q1i-----------------,20
(a)A measure came or will come before my agency which (check one)
___ inured to my special private gain or loss;
___ inured to the special gain or loss of my business associate,______________________
—_ inured to the special gain or loss of my relative, ��Sa 4/bl k�--------------------------------------------
--- inured to the special gain or loss of_____ — — -----------, by
-------------------------- -------------------- ------
whom I am retained; or
I _-- inured to the special gain or loss of----------------__—----------------------------------_---__--_---,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
MI Syov9f Y-epY*/>h}ad A_ hrvwr1', 6Wk, G� qh
abA Ile k► em h-fUV1n1 T r<<vr<d h ys�l� �r�r v' 6 or, dhe
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Date Filed nature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 1/2000 PAGE 2