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HomeMy WebLinkAboutNULL (613) MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, OCTOBER 22, 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 Commissioners: Bob Anton Walter Duke Albert C. Jones City Manager: Bob Baldwin City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Abatement request for John D. Thomas for property located at 161 NW 12`h Avenue, Case #92-0226 (#0233-10-0450) Attorney Tim Ryan reported this case is for 2 violations of allowing trash/garbage/debris and other materials to collect on property, and untended vegetation. The fine ran for 3,008 days for a total of$30,180.00, including recording fees. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, advised that the amnesty amount is $8,520.00. John L. Thomas, property owner's son, noted the property was cleaned up by December, 1992, but his father failed to report it. He indicated that his father is retired and receives $1,000.00 per month from Social Security. Since his father cannot afford to pay the debt, he requested Commission consideration to reduce the fine. Commissioner Duke asked how long it took for his father to bring the property into compliance after he was notified of the violation. Mr. Thomas responded it took approximately 5 months to have the property cleaned up. Commissioner Jones motioned to abate the lien to $2,200.00, to be paid in 6 months; 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 3.2 Abatement request for Z and Lillie Parrish for property located at 1251 W Dania Beach Boulevard, Case 496-0016 (#0233-00-0490) Attorney Tim Ryan advised this case is for one violation of storage of bicycle parts,junk, trash, garbage and other materials on the property. The fine ran for 159 days for a total of$8,099.50, including recording fees. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, advised that the amnesty amount is $2,737.50. Castello Williams, daughter of the property owner, noted she inherited the property when her mother passed away. She remarked that her mother called the City immediately after the property was brought into compliance. Ms. Williams said they wanted to tear the house down but they were told not to put any money into the property. She stated that the property was fixed prior to the date shown in the City's records. Ms. Williams asked for fairness in her case considering the matter was taken care of in a timely manner. Discussion followed between the Commission and Ms. Williams regarding the time the property was not in compliance and how the neighbors had to live in that environment. Vice-Mayor McElyea motioned to abate the lien to $1,750.00, to be paid in 6 months; seconded by Commissioner Jones. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton No Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones Yes 3.3 Abatement request for Marvin Bennett for property located at 2111 SW 46`h Court, Case#97-0340 (#0229-06-0161) Attorney Tim Ryan advised this case is for 3 violations of failure to paint and maintain the building in good condition, and failure to repair and maintain roof in good condition. The fine ran for 4,352 days for a total of $217,768.00, including recording fees. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, advised that the amnesty amount is $44,912.50. He clarified for the record that it is the duty of the owner of the property to notify the City once they Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. are in compliance, to request a re-inspection. This will guarantee that no more fines commence against the property. Marvin Bennett, property owner, noted he was unaware of the violation until he received the amnesty letter from the City. He did not know that his son had signed for the notices and appeared before the Code Enforcement Board. Mr. Bennett indicated that the house was painted in 1997 by his son and his friend. Commissioner Duke noted that the amnesty reduction is not practical anymore, since the house has been in compliance for a long time and we have had no complaints from the neighbors. Commissioner Duke motioned to abate the lien to $3,000.00, to be paid in 3 months; 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 3.4 Abatement request for Marie C. Hughes for property located at 801 Argonaut Isle, Case #99-0379 (#0233-19-0100) Attorney Tim Ryan advised this case is for one violation of failure to obtain a permit for an aluminum carport awning installed on the property. The fine ran for 3,426 days for a total of $171,400.00, including recording fees. The resident is requesting further reduction than that allowed by the City Amnesty program. Nick Lupo, Code Compliance Manager, advised that the amnesty amount is $44,025.00. Jason Dubow, attorney representing the property owner, explained that the late Mr. Hughes was in his 70's at the time of the citation and shortly after had serious heart problems. He noted that there was a communication problem, since Ms. Hughes does not speak English. Attorney Dubow further said that Ms. Hughes was not aware that the property was not totally in compliance. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid in 90 days; 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 3.5 Abatement request for Marjorie F. Sanford for property located at 317 SW 15"' Street, Case #00-0530 (#1203-10-1600) Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Attorney Tim Ryan advised this case is for 2 violations of failure to paint and maintain the building. The fine ran for 2,381 days for a total of$95,240.00. The resident is requesting further reduction than that allowed by the City Amnesty program. Nick Lupo, Code Compliance Manager, advised that the amnesty amount is $25,310.00. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid in 30 days; 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 3.6 Abatement request for Vincent Ireland for property located at 257 SW 4`h Street, Case #0 1-0 142 (#1203-05-0060) Attorney Tim Ryan advised this case is for 2 violations of failure to remove junk, trash, garbage and all other materials stored on the property, and failure to obtain a permit for the installation of a deck on the premises. The fines ran for 2,944 days and 2,949 days respectively for a total of $735,450.00, including recording fees. The resident is requesting further reduction than that allowed by the City Amnesty program. Nick Lupo, Code Compliance Manager, noted that the information on file reveals that the property was brought into compliance on September 4, 2009 therefore the amnesty amount would be $146,300.00. Mr. Lupo further indicated that if the Commission wants to honor Mr. Ireland's statement that he complied in February, 2002, the amnesty amount is $9,150.00. He advised that the property has been maintained since 2006. Vincent Ireland, property owner, noted he corrected the problems when he was notified years ago. He stated he has no money to pay for any fines. Commissioner Anton noted that in addition to any construction work that was done, the pictures show a public nuisance violation. He indicated that it is not fair to the neighbors to have to look at a property in such condition. Commissioner Anton further said that there must be some penalty for the property owner to avoid this situation from happening. Mayor Castro motioned to abate the lien to $2,000.00, to be paid in 6 months; seconded by Commissioner Jones. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke No Mayor Castro Yes Commissioner Jones Yes 3.7 Abatement request for Sharon Nielsen for property located at 4326 SW 481h Court, Case #02-2721 (#0136-06-2470) Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Attorney Tim Ryan advised this case involves 2 violations for failure to trim/mow/cut and maintain trees, shrubs, weeds and grass and to remove trash, junk, garbage and all other materials stored on the property; and failure to remove all inoperative and unlicensed vehicles from the property. The fine ran for 2,207 days for a total of $77,345.00, including recording fees. The resident is requesting further reduction than that allowed by the City Amnesty program. Nick Lupo, Code Compliance Manager, advised that the amnesty amount is $19,332.50. Sharon Nielsen, property owner, noted the car which was on the swale of her property, did not belong to her. Furthermore, she never received a letter regarding the car. Mr. Lupo noted the "certified mail' green card relating to the car violation was signed by someone at the house, although Ms. Nielsen states she does not recognize the signature. He further indicated that Ms. Nielsen is currently paying a reduced fine for another case for additional debris. Mr. Lupo advised that the property is now in compliance. Ms. Nielsen noted that hers is the only income in the house; her husband had an accident which resulted in brain damage. She pointed out that she is trying to save her home and just came out of foreclosure. Ms. Nielsen stated she has no money, but has no other choice. Commissioner Jones motioned to abate the lien to $2,500.00, to be paid in 6 months; seconded by Commissioner Duke. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Jones No 3.8 Abatement request for Marina Diaz for property located at 221 SW 2"d Place, Case #03-4422 (#1203-44-0060) Attorney Tim Ryan advised this case involves 3 violations for failure to remove trash, junk, garbage, and all other materials stored on property, and failure to have trees, shrubs, weeds, and grass trimmed, mowed, cut and maintained; failure to remove all inoperative and unlicensed vehicles, trailers, and vessels from the property; and failure to cease all work being performed as repair and/or maintenance of vehicles or vessels which is not a permitted use in the RD 8000 district. The fine ran for 87 days for a total of$8,800.00, including recording fees. The resident is requesting further reduction than that allowed by the City Amnesty program. Nick Lupo, Code Compliance Manager, advised that the amnesty amount is $3,675.00. Jose Diaz, speaking for his mother, noted he corrected as much as he could when he became aware of the problem. He indicated his mother has cancer and he is permanently taking care of her. Mr. Diaz stated that after paying their bills each month, they only have $165.00 left. Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Commissioner Duke motioned to abate the lien to $3,675.00, to be paid in 6 months; seconded by Commissioner Anton. 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 3.9 Abatement request for Roberta H. Hansell for property located at 23 SW 3rd Street, Case#05-0213 (#1203-00-0310) Nick Lupo, Code Compliance Manager, advised that this case is for 6 violations of failure to place correct street address on a building on the subject property; failure to clean and remove all untended weeds and/or plant life from the subject property; failure to remove all trash, garbage, litter or other miscellaneous debris and cut grass, and/or weeds, trees, shrubs and hedges, including the abutting rights-of-way; failure to pressure clean and paint a building on the subject property which has discolored and has mildew; and failure to repair or replace roof which is in disrepair. He noted the property was finally in compliance on July 2, 2009. Mr. Lupo indicated that in the meantime, the City had to obtain a court order in order to remove numerous feral cats off the property. He advised that in addition to the amount covering the previous violations, there are some outstanding Public Services charges of $106.71 plus the cost of removing approximately 45 cats from the property amounting to $1,545.00. The fine ran for 1,308 days for a total of $65,400.00, including recording fees. Special Magistrate Mark Berman granted authorization to seek foreclosure or sue for money judgment and abated the nuisances. Special Magistrate Mitch Kraft recommended an abatement of $2,500.00 plus costs. Mr. Lupo noted that the total amount of the fine is $4,151.71, which represents the recommendation of the Special Magistrate plus all costs for abatements performed by the City. City Attorney Ansbro noted this case was brought to his attention some time ago; the cats were everywhere and it was dangerous to walk around the property. He remarked that there was no cooperation from the property owner. Roberta Hansell, property owner, noted the violations have been corrected and the property is maintained. Commissioner Duke motioned to abate the lien to $4,151.71 as recommended by the Special Magistrate, to be paid in 6 months; seconded by Commissioner Anton. 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 3.10 Abatement request for Grady and Mary L. Coleman for property located at 266 SW 6th Street, Case #06-0469 (#1203-05-01020) Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Attorney Tim Ryan advised this case involved 3 violations for failure to obtain fence permit and required inspection, and street address numbers not displayed on building. The fine ran for 1,069 days for a total of $133,625.00. The Special Magistrate recommended an abatement of $1,000.00. Nick Lupo, Code Compliance Manager, advised that even though the total amount of the fine was $133,625.00, the Special Magistrate reduced it to $1,000.00 considering that Mr. Coleman is disabled and visually impaired. He added that Mr. Coleman's daughter took care of the violation immediately upon her return. Mayor Castro confirmed that the total cost to the City is $1,000.00. Grady Coleman, property owner, explained how he tried to correct the problem while his daughter was away. He requested mercy from the Commission. Commissioner Anton motioned to abate the lien to $1,000.00, as recommended by the Special Magistrate, to be paid in 6 months; 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 3.11 Abatement request for Charles Cherry for property located at 301 SW 12`h Avenue, Case #06-1126 (#1203-36-0589) Attorney Tim Ryan noted this case involves 6 violations for damaged or deteriorated windows and doors which must be repaired or replaced; roof is in a state of disrepair; the exterior surface of the structure is deteriorated and must be painted; junked or abandoned vehicles parked or stored on property; mobile living unit parked at the property has a frame greater than 24 feet in length; and mobile home on the property is hooked up to utilities and being used as a mobile living unit. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, corrected the information submitted with the agenda packet, which should state that the fine ran for 952 days for a total of$190,400.00, and that the total cost to the City was $1,500.00. He further advised that the reduced amount is $49,100.00. Mr. Lupo noted that the house was damaged by the hurricanes in 2005 and a temporary trailer was placed and remained there pass the time limit authorized. Amy Droy explained that Charles Cherry was her father's employee who had purchased the property from his parents. After the hurricane, FEMA installed the trailer and Mr. Cherry lived there until his death in 2006. Mr. Cherry could not afford to pay for the property and her father co-signed with him for the mortgage. When Mr. Cherry passed away the mortgage company put the property in her father's name. She indicated that Mr. Cherry's relatives did not want to turn the ownership to them therefore they were unaware of the citations. Minutes of Abatement Hearing 7 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Commissioner Duke motioned to abate the lien to $2,500.00, to be paid in 6 months; 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 3.12 Abatement request for Dorene Darling for property located at 123 NW 14`h Way, Case #06-1361 (#0233-12-0070) Attorney Tim Ryan advised this case is for 7 violations for roof in state of disrepair; exterior surface of the structure is deteriorated and must be painted; all surfaces requiring painting or which are otherwise protected must be maintained free of graffiti and be of uniform colors void of any evidence of deterioration; a portion of the yard lacks vegetative cover; litter, trash and debris on the premises; trash and litter in the swale area; and junked and abandoned vehicles parked or stored on the property. The fine ran for 264 days for a total of$66,149.50, including recording fees. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, explained this is a rental property. He advised that the amnesty amount is $18,000.00. Commissioner Anton motioned to abate the lien to $18,000.00, to be paid in 90 days; seconded by Commissioner Jones. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke No Mayor Castro Yes Commissioner Jones Yes 3.13 Abatement request for Dorene C. Darling for property located at 210 NW 9`h Avenue, Case #08-1181 (#0234-22-0030) Attorney Tim Ryan advised this case is for 16 violations for damaged or deteriorated windows must be repaired or replaced; windows lack screens; front door is not water tight, air conditioning unit is not sealed properly and the fascia is in a state of disrepair; electrical outlets are exposed creating a hazardous condition; the fence is in disrepair; the building needs to be maintained; the exterior surface of the building is deteriorated and must be painted; the off-street parking area is in a state of disrepair; all untended vegetation must be cut, and all trash and litter on the premises must be removed; the property right-of-way is in a state of disrepair and needs to be maintained; untended vegetation on the property and the rights-of-way adjoining the property; garbage container is being stored in the front yard after the day of collection; the property is being used for rental purposes without a business tax receipt; the sidewalk is in a state of disrepair; there is an electrical conduit alteration from the roof to the apartment without approval of Building and Zoning; and electrical conduit alteration on the building without Building and Minutes of Abatement Hearing 8 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Zoning approval. The fine is $54,600.00 including recording fees. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, explained this is a rental property. He advised that the amnesty amount in this case is $15,150.00. Commissioner Anton motioned to abate the lien to $15,150.00, to be paid in 90 days; seconded by Commissioner Jones. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke No Mayor Castro Yes Commissioner Jones Yes 3.14 Abatement request for Anna Fleurinor for property located at 331 SW 12n' Avenue, Case #06-1617 (#1203-36-0400) Attorney Tim Ryan advised this case involves 8 violations for windows and doors in a state of disrepair; windows need screens; fence must be repaired, replaced or removed; trash, debris, paper and bottles on property; and there is trash and litter on property abutting right-of-way. The fine ran for 150 days for a total of $22,649.50, including recording fees. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, advised this is a rental property. He further noted that the amnesty amount is $7,125.00. Anna Fleurinor, property owner, noted this is a rental property but it is currently vacant. Commissioner Duke motioned to abate the lien to $7,125.00, to be paid in 6 months; seconded by Commissioner Anton. 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 3.15 Abatement request for SOS Land Corporation #3 for property located at 345 N. Federal Highway, Case #07-0328 (#0234-06-0750) Attorney Tim Ryan noted this case is for 6 violations for building canopy which is deteriorated, has a hole, and is a hazard; the side of the building and the canopy are deteriorated and must be painted; trash and litter on the premises; and trash and litter on the right-of-way adjoining the property. The fine ran for 583 days for a total of$116,749.50, including recording fees. Nick Lupo, Code Compliance Manager, noted the attorney for the applicant requested continuance. He indicated the property is now in compliance. Minutes of Abatement Hearing 9 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Commissioner Duke motioned to continue this case; seconded by Commissioner Jones. The motion carried unanimously. 3.16 Abatement request for Clive and Gertrude Forrest for property located at 4813 SW 44th Terrace, Case #07-1379 (#0136-06-0380) Attorney Tim Ryan advised this case is for 16 violations for windows in a state of disrepair and covered with plywood; windows lack fully operational hardware; porch frame in a state of disrepair; porch frame is deteriorating; off-street parking area lacks an approved paved or concrete surface in good repair; litter, trash and debris on property; litter, trash and debris on the property and adjoining unpaved portions of the public rights-of-way; untended vegetation on the premises and abutting right-or-way; street number is not displayed on the front of the building; area approved for off-street parking must be hard surfaced in accordance with the City's paving specifications; and the porch was constructed without permits. The fine ran for 517 days for a total of$51,700.00. The Special Magistrate recommended an abatement of$2,500.00. Clive Forrest, property owner, noted he lives in this house with his elderly mother, although he has not processed the homestead paperwork yet. He advised he could provide medical bills explaining the reason for delaying the repairs. Commissioner Jones motioned to abate the lien to $2,500.00, as recommended by the Special Magistrate,to be paid in 6 months; seconded by Commissioner Anton. 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 3.17 Abatement request for Haralambides Properties LLLP and Paula DeRosa, Et al., for property located at 215 SW 120' Street, Case #08-0049 (#1203-11-0010) Attorney Tim Ryan advised this case involves 2 violations for a building that was added to or was structurally altered without Building and Zoning approval; and a building at the rear of the property was repaired or altered without the required building permits. The fine ran for 396 days for a total of $59,400.00, including recording fees. The Special Magistrate granted an authorization to foreclose be suspended, and recommended an abatement of$15,975.00. Nick Lupo, Code Compliance Manager, noted that the main issue in this case is that the structure was being re-built without a permit and was considered unsafe by the Building Department. He further advised that the building was demolished. Aleco Haralambides, partial property owner and attorney, noted they found a handyman who told them a permit was not necessary for the original repairs. When they realized the property was not worth the money, they decided to have it demolished. Mr. Haralambides pointed out that they have spent more than $16,000.00 in order to bring the property into compliance. Minutes of Abatement Hearing 10 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Commissioner Duke motioned to abate the lien to $15,975.00, as recommended by the Special Magistrate, to be paid in 6 months; 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 3.18 Abatement request for Matilde Patricia Magliocca and Ramses Augusto Silva for property located at 317 SE 4`h Terrace, Case #08-0534 (#1203-55-0290) Attorney Tim Ryan noted this case involves 7 violations for damaged or deteriorated windows must be repaired or replaced; window lack fully operable hardware; the pool is filled with stagnant water and algae which will likely breed mosquitoes; trash and litter on the premises; trash and litter on the rights-of-way adjoining the property; untended vegetation on the property and the rights-of-way adjoining the property; and the sidewalk abutting the property is broken and in disrepair. The fine is $41,750.00. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, noted that the amnesty amount is $11,937.50. He advised that the City had to request authorization from the Special Magistrate to go inside the property to clean it, remove the debris and pump out the pool in the interest of public safety. Mr. Lupo indicated that the respondent reimbursed the City for the expenses incurred. He noted the property is now in compliance. Patricia Magliocca noted the property belongs to her deceased father and it has been in probate for almost two years. Ms. Magliocca's husband explained that although they have access to the house, his brother-in- law is making it very difficult to try to resolve the issue. He noted they have documentation showing that they brought the property into compliance immediately. Attorney Ryan told Mr. and Mrs. Magliocca they could present a proposal on the Amnesty program which could bring the total amount down to approximately $5,000.00. Commissioner Duke motioned to abate the lien to $11,937.50, to be paid in 6 months; seconded by Commissioner Jones. Mayor Castro asked if anyone would like to amend the motion. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea No Commissioner Duke Yes Mayor Castro No Commissioner Jones Yes Minutes of Abatement Hearing 11 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. 3.19 Abatement request for Avelo Mortgage LLC for property located at 129 SW 5I' Court, Case #08-0795 (#0234-30-0410) Attorney Tim Ryan noted this case involves 13 violations for damaged or deteriorated windows must be replaced; windows lack fully operable hardware and screens; roof is deteriorated and in a state of disrepair; water heater is missing and the plumbing pipes are not properly connected and are not in good working condition; exposed electric wiring creating a hazardous condition; building exterior is deteriorated; exterior surface of the structure is deteriorated and must be painted; trash and litter on the premises; trash and litter on the rights-of-way adjoining the property; untended vegetation on the property and the adjoining rights-of-way; garbage container stored in the front yard after the day of collection; and fence is in a state of disrepair. The fine ran for 275 days for a total of $68,899.50, including recording fees. The Special Magistrate recommended an abatement of$7,500.00. Craig Rogers, counsel for the property owner, noted this is a foreclosure case and they have spent a lot of money in legal fees. He further advised that this property involves two mortgages and they now have a contract for $34,000.00 to sell the property. Mr. Rogers advised that the person who signed the contract has expressed that he may not want to close, since the property was vandalized again two weeks ago. He remarked that the property is not worth its value. He asked to consider the cost plus the $2,000.00 for the foreclosure, for a total of$4,000.00. Attorney Ryan advised that due to some issues at court level, it is not possible to give an opinion with absolute certainty on what a judge would do in the foreclosure case. Commissioner Duke motioned to abate the lien to $7,500.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Commissioner Anton. Mr. Rogers requested consideration from the Commission to reduce the amount to $5,000.00 to be paid within 30 days to give them the opportunity to sell the property. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro No Commissioner Jones Yes 3.20 Abatement request for Johnathan Keller for property located at 4919 Tradewinds Terrace, Unit 1004, Case #08-0812 (#0232-AB-0640) Attorney Tim Ryan noted this case is for one violation for property being used for rental purposes without a business tax receipt. The total is $29,400.00. The resident is requesting further reduction than allowed by the City's Amnesty program. Nick Lupo, Code Compliance Manager, noted that the amnesty amount is $8,850.00. He added that the business tax receipt due was only $31.50, which has been paid. Minutes of Abatement Hearing 12 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m. Johnathan Keller, property owner, advised he has owned the property since 2004 and has paid taxes since then. He noted he understands there is a penalty for not paying for the business tax receipt, but requested a reduction of the fine. Commissioner Duke motioned to abate the lien to $2,000.00, to be paid in 60 days; seconded by Vice-Mayor McElyea. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro No Commissioner Jones Yes 4. Adjournment Mayor Castro adjourned the meeting at 8:04 p.m. ATTEST: CITY OF DANIA BEACH ,5 FIRST prr n LOUISE STILSON, CMC ANNE CASTRO CITY CLERK MAYOR—COMMISSIONER Approved: November 24, 2009 ' POap� Minutes of Abatement Hearing 13 Dania Beach City Commission Thursday,October 22,2009-6:00 p.m.