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HomeMy WebLinkAboutAbatement Hearing (3) MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 21, 2010 - 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. "Mad'McElyea Commissioners: Bob Anton Walter Duke Assistant City Manager: Colin Donnelly City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Abatement request for John Sanders, 2631 SW 51 Street, Case #02-3491 (#0232- 02-0341) Attorney Tim Ryan advised this case involves 4 violations of failure to clean and.remove all accumulated and untended weeds, trees, or plant life from the property; failure to paint and maintain building which is deteriorated; and failure to remove all inoperative and unlicensed vehicles, trailers, and vessels from the property. The fine ran for 2,233 days for a total of $279,125.00. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, noted the amnesty amount is $69,791.25, and the cost to the City is $1,500.00. He noted the property is now in compliance. John Sanders, property owner, noted he was unaware that the fine was running, otherwise he would have taken care of it. He also did not know that he had to call for re-inspection. Mr. Sanders requested a reduction of the lien. Vice-Mayor McElyea motioned to abate the lien to $3,500.00, to be paid in 6 months; seconded by Commissioner Duke. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 3.2 Abatement request for Wendy Lindgren, 633 NE 2 Place, Case #06-0170 (#0235- 11-0090) Attorney Tim Ryan advised this case involves 2 violations: swimming pool must be enclosed and numbers must be displayed on front of building and alleyway. The fine ran for 173 days for a total of $43,250.00. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, noted the amnesty amount is $10,812.50 plus City cost of$1,500.00. He confirmed the property is now in compliance. Wendy Lindgren, property owner, noted the fence was damaged after the hurricane and she had problems with the contractor. Commissioner Anton motioned to abate the lien to $1,500.00; seconded by Commissioner Duke. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 3.3 Reconsideration of the Abatement request for Anna Fleurinor, 331 SW 12 Avenue, Case#06-1617 (#1203-36-0400) Attorney Tim Ryan noted this came before the Commission on October 22, 2009 for 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 Commission upheld the $7,125.00 amnesty reduction, with 6 months to pay. The resident is requesting reconsideration of the abatement and a further reduction than that allowed through the City Amnesty program. Mayor Castro requested to re-hear this item; seconded by Commissioner Anton. The motion carried unanimously. Nick Lupo, Code Compliance Manager, advised this is a rental property. He further noted that the amnesty amount is $7,125.00, and the cost to the City is $1,500.00. Mr. Lupo confirmed the property is now in compliance. Anna Fleurinor, property owner, noted this is a rental property and two of the units are currently vacant. She said she is unemployed and it would be very hard for her to pay $7,125.00. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Commissioner Duke motioned to abate the lien to $2,000.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 3.4 Abatement request for Carib 168-34 LLC, 1190 Stirling Road, Case #07-1093 (#0234-46-0010) Attorney Tim Ryan noted this case involves 12 violations: the building exterior constitutes a nuisance; the building exterior surface is deteriorated and in a state of disrepair; litter, trash and debris must be removed from the premises; trash and litter are on the right-of-way adjoining the property; the business is renting property without an occupational license; the building does not display the correct street number upon the building; the sidewalk abutting the property is broken and in disrepair; the pole sign on the property is prohibited; there is an un-permitted sign on the property; the sign is deteriorated; and a sign was installed without the required permit. The total fine is $82,800.00. The Special Magistrate recommended an abatement of$1,500.00. Harry Hippler, attorney for the applicant, noted the roof was damaged from Hurricane Wilma, and they had problems with the insurance adjuster, which he explained in detail. Mayor Castro asked Attorney Hippler to advise his client to keep the property without trash and debris in consideration to other business owners and residents. Commissioner Anton motioned to abate the lien to $1,500.00, as recommended by the Special Magistrate; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 3.5 Abatement request for A & J Subachan Invest, Inc., 380 S. Federal Highway, Case #07-1861 (#1203-04-0010) Item #3.16 was heard with this item because they involve the same property. Attorney Tim Ryan advised this case involves one violation for property being used as an assisted living facility without an occupational license. The fine ran for 545 days for a total of $54,500.00. The Special Magistrate made an offer that was refused by the owner, therefore, no abatement recommendation was made and the case was forwarded to the City Commission. Nick Lupo, Code Compliance Manager, noted the Special Magistrate offered a reduction of $5,000.00 and the applicant rejected it. Commissioner Duke motioned to abate the lien to $5,000.00, as recommended by the Special Magistrate,to be paid in 30 days. The motion died for lack of a second. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Commissioner Anton motioned to keep the lien at $54,500.00; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 3.16 Abatement request for A & J Subachan Invest, Inc., 380 S. Federal Highway, Case#08-0178 (1203-04-0010) Attorney Tim Ryan advised this case involved 6 violations: building roof in a state of disrepair; parking area has potholes; exterior door frames are rotted and in a state of disrepair; exterior light fixtures are exposed and in disrepair, the fence is deteriorated, and the screened enclosure is missing screens; trash and litter on the premises; trash, litter and untended vegetation on the rights-of-way adjoining the property; untended vegetation on the property and rights-of-way adjoining the property. The fine ran for 300 days for a total of $45,000.00. The Special Magistrate recommended an abatement of$20,000.00. Nick Lupo, Code Compliance Manager, provided a summary of the violations, some of which could cause health problems to the elderly residents at the facility. Commissioner Anton motioned to keep the lien at $45,000.00; seconded by Commissioner Duke. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes 3.6 Abatement request for My Darling LLC, 4433 Stirling Road, Case #07-2287 (#0136-03-0160) Attorney Tim Ryan noted this case is for 2 violations of operating a business without an occupational license and operating a restaurant with outdoor seating, which is a prohibited use. The fine ran for 227 days for a total of $56,891.00, including recording fees. The Special Magistrate recommended abatement to $28,000.00. Nick Lupo, Code Compliance Manager, noted the applicant's attorney requested the item be continued to the next Abatement Hearing. He advised that this will be the 5u' continuance of this case and asked the Commission that this be the last continuance granted to the requestor. Vice-Mayor McElyea motioned to continue this case until the March 18, 2010 Abatement Hearing; seconded by Commissioner Duke. The motion carried unanimously. 3.7 Abatement request for Hadas Zvi, 4431 SW 32 Avenue, Case #07-2502 (#0230- 02-0041) Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Attorney Tim Ryan advised this case involves 9 violations: trash and litter on the premises; trash and litter in the adjoining rights-of-way; untended vegetation on the property and rights-of-way adjoining the property; business is renting property without an occupational license; an overhang was constructed or added onto the building without building and zoning approval; outside storage; property being used for parking without an approved hard surfaced parking area; and an overhang was constructed without permits. The fine ran for 151 days for a total of$22,650.00. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, noted the abatement amount is $7,162.50, including City cost. He advised the property is now in compliance. Kevin Hagen, representing the applicant, noted the property, which is a duplex, is vacant and for sale. He requested an abatement of$1,500.00. Commissioner Anton motioned to abate the lien to $7,162.50, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Castro Yes Commissioner Duke left the meeting at 6:39 p.m. 3.8 Abatement request for J & G Equities, 3901 Stirling Road, Case #07-2814 (#0231-01-0737) Attorney Tim Ryan noted this case involves 6 violations: operating a business without an occupational license, and a pole sign on the property is not permitted. The fine ran for 446 days for a total of$44,600.00. The Special Magistrate recommended an abatement of$5,000.00. Nick Lupo, Code Compliance Manager, noted that the Farm Stores business had a Broward County license, but not a City license. He indicated that the property is now in compliance. Jim Lighter, co-owner of the property, requested a reasonable abatement. He advised that he and his brother lease the property for$1,000.00 per month. Commissioner Anton motioned to abate the lien to $5,000.00, as recommended by the Special Magistrate,to be paid in 6 months. Mayor Castro offered a substitute motion to abate the lien to $2,500.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes Item #3.25 was heard after Item #3.8 Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. 3.9 Abatement request for Ramon & Vivian P. Garcia, Vacant Lot E of 3730 SW 47 Court, Case#08-0383 (#0230-07-0440) Attorney Tim Ryan noted this case involves 5 violations: fence is in a state of disrepair; seawall is deteriorated and in a state of disrepair; untended vegetation must be cut, and all trash and litter on the premises must be removed; and trash, litter and untended vegetation on the adjoining rights-of-way. The total fine is $48,300.00. The Special Magistrate recommended abatement of $3,500.00. Ramon Garcia, property owner,noted the address is 3720 SW 47 Court. Nick Lupo, Code Compliance Manager, noted there was a house on the lot that was demolished. He explained that Mr. Garcia found out that other adjacent neighbors were throwing trash and debris onto the back portion of his lot. Mr. Lupo indicated that the entire seawall cannot be repaired at this time because Mr. Garcia is in the process of building a house and he will need to meet other requirements. Commissioner Anton motioned to abate the lien to $3,500.00, as recommended by the Special Magistrate, to be paid in 30 days; seconded by Vice-Mayor McElyea. The motion carried on the following 2-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro No 3.10 Abatement request for Carlos Perez, 4635 SW 54 Court, Case #08-0709 (#0136- 04-0110) Attorney Tim Ryan advised this case had 10 violations: damaged or deteriorated windows; windows secured with baker's rack; porch light has been spliced and an extension cord added; broken glass on the premises; trash, litter and untended vegetation on the rights-of-way adjoining the property; and property is being used for rental purposes without a business tax receipt. The total fine is $23,400.00. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, noted the amnesty amount is $5,850.00, plus cost to the City of$1,500.00. He advised that Mr. Perez flew from Puerto Rico in November, 2009, when the Abatement Hearing was cancelled. Mr. Perez noted it cost him $200 to fly in from Puerto Rico for the hearing in November. He fiirther explained that he was not aware of the violations. Mr. Perez indicated he has always relied on his tenants to take care of the repairs, which he would in turn deduct from their rent. Mayor Castro motioned to abate the lien to $3,000.00, to be paid in 6 months; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 3.11 Abatement request for CBLB Inc., 3489 Griffin Road, Case #08-1555 (#0230-04- 0530) Items #3.12, #3.13, #3.14, and #3.15 were heard with this item because they are the same property, which is known as the Fantasy Lounge. Attorney Tim Ryan noted this case involved 8 violations for: wood and debris on the property; trash and litter on the rights-of-way adjoining the property; dumpster lid is being left open; swale area lacks sod or other vegetative cover; and signs are damaged and deteriorated. The fine ran for 231 days for a total of$34,650.00. The Special Magistrate recommended an abatement of $8,695.25. Attorney Ryan noted that the total for all 5 cases after the Special Magistrate's recommendation amounted to $40,758.00. Michael Atticott, attorney for the applicant, noted his client is a wholly owned corporation, and the owner is 81 years old and has dementia. He distributed information to the Commission and attorneys. Attorney Atticott indicated that the tenant never notified the owner that there were violations. Once the City took the legal action to have the tenant evicted from the property, he decided not to pay any rent. He noted his client has not received any payments from the tenant since April 2009. Nick Lupo, Code Compliance Manager, advised that the City's cost is $4,500.00 for the first three cases plus $5,000.00 for the last two cases. Commissioner Anton motioned to reduce the lien to the total costs of $9,500.00, for all 5 cases, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 3.12 Abatement request for CBLB Inc., 3489 Griffin Road, Case# 08-1775 (#0230-04- 0530) Attorney Tim Ryan noted this case involves 2 violations because a hot water heater, wall sign and free standing banner sign were installed and a change made on the monument sign without building and zoning approval, and failure to obtain permit and inspections for the work. The fine ran for 215 days for a total of$43,200.00. The Special Magistrate recommended an abatement of$10,782.75. 3.13 Abatement request for CBLB Inc., 3489 Griffin Road, Case #09-0108 (#0230-04- 0530) Minutes of Abatement Hearing 7 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Attorney Tim Ryan noted this case is for 2 violations: the Swale was paved over without zoning and building approval; and the swale was paved without the required permits and inspections. The fine ran for 112 days for a total of $22,400.00. The Special Magistrate recommended an abatement of$5,632.75. 3.14 Abatement request for CBLB Inc., 3489 Griffin Road, Case #09-0127 (#0230-04- 0530) Attorney Tim Ryan noted this case involves 1 violation of operating an adult entertainment establishment in the commercial (C2) zoning district; the establishment features entertainers performing partially clothed and exposing their entire breasts. The fine ran for 10 days for a total of $5,000.00, plus recording fees. The Special Magistrate recommended an abatement of $2,574.00. 3.15 Abatement request for CBLB Inc., 3489 Griffin Road, Case #09-1300 (#0230-04- 0530) Attorney Tim Ryan advised this case involved 1 violation for operating a nude entertainment establishment. The fine ran for 52 days for a total of $26,000.00, plus recording fees. The Special Magistrate recommended an abatement of$13,074.00. 3.17 Abatement request for Richard D. & Arlene Redmond, 5079 SW 28 Terrace, Case #00-1829 (0232-09-00 10) Attorney Tim Ryan noted this case involved 4 violations: failure to remove all inoperative and unlicensed vehicles from the property; failure to cease making repairs on vehicles or vessels; and failure to obtain a permit for the installation of a car awning/canopy. The fine ran for 176 days for a total of $8,900.00, including recording fees. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, noted the amnesty amount is $2,225.00 plus the cost to the City of $500.00. He advised that the City Commission previously abated the lien to $3,000.00 to be paid within 60 days or it would revert back to the original amount. Richard Redmond, property owner, did not understand why he got the lien amount. He did not know that he had to pay $3,000.00. Mr. Redmond said he is tired of being harassed by the City. Commissioner Anton motioned to abate the lien to $2,725.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 3.18 Abatement request for Jennifer Diana Christian, 2870 W. Marina Dr., Case #06- 1211 (0232-16-5400) Minutes of Abatement Hearing 8 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Attorney Tim Ryan advised this case involved 3 violations of junked or abandoned vehicles being parked or stored on the property. The fine ran for 186 days for a total of $28,049,50, including recording fees. The Special Magistrate recommended an abatement of$5,000.00. The Commission gave 6 months for the property to be sold. He noted that the attorney representing the applicant advised the property has not yet been sold and requested an extension of the payment based on the current real estate market. Commissioner Anton motioned to abate the lien to $5,000.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 3.19 Abatement request for SOS Land Corp 43, 345 N. Federal Highway, Case 407- 0328 (0234-06-0750) Attorney Tim Ryan noted this case involved 6 violations: canopy is deteriorated, has a hole, and is a hazard; the side of the building and the canopy are deteriorated and must be painted; the building canopy is deteriorated; trash and litter on the premises; and trash and litter on the rights- of-way adjoining the property. The fine ran for 580 days for a total of$116,000.00. The Special Magistrate recommended an abatement of$10,000.00. Nick Lupo, Code Compliance Manager, requested to continue the item. Vice-Mayor McElyea motioned to continue this case until the March 18, 2010 Abatement Hearing; seconded by Commissioner Anton. The motion carried unanimously. 3.20 Abatement request for Roberto & Maria Perez and Kenney Gonzalez, 4533 SW 51 Street, Case #07-0838 (0136-02-0030) Attorney Tim Ryan noted this case involved 11 violations: damaged or deteriorated windows must be repaired or replaced; windows lack fully operational hardware; a portion of the yard lacks live vegetative material; trash, litter and debris on the premises; and trash, litter and debris on the rights-of-way adjoining the property. The fine ran for 368 days for a total of$36,800.00. The resident is requesting further reduction than that allowed through the City Amnesty program. Nick Lupo, Code Compliance Manager, noted the amnesty amount is $9,200.00 plus cost to the City of$1,750.00. He indicated that the property is now in compliance. Kenney Gonzalez,property owner, noted he is moving into the property. Commissioner Anton motioned to abate the lien to $1,750.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Minutes of Abatement Hearing 9 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Mayor Castro Yes 3.21 Abatement request for Sunshine Ocean Surf Inc., Vacant Lot E of 4540 SW 27 Avenue Lot C, Case #07-1752 (0229-03-0202) Items#3.21, #3.22, 43.23 and#3.24 were heard together because they are the same property. Nick Lupo, Code Compliance Manager, noted the respondent for these cases is not present. 3.22 Abatement request for Sunshine Ocean Surf Inc., Vacant Lot E of 4540 SW 27 Avenue Lot 13, Case #07-1753 (0229-03-0201) 3.23 Abatement request for Sunshine Ocean Surf Inc., Vacant Lot E of 4540 SW 27 Avenue Lot 13, Case#09-1343 (0229-03-0201) 3.24 Abatement request for Sunshine Ocean Surf Inc., Vacant Lot E of 4540 SW 27 Avenue Lot C, Case#09-1344 (0229-03-0202) Commissioner Anton motioned to deny all abatements; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes Item #3.25 was heard after Item #3.8 3.25 Abatement request for Douglas Hammond, 3001 SW 45 Street, Case #07-2587 (0229-01-0991) Attorney Tim Ryan noted this case involves 2 violations: land fill was placed on the property and the fill is encroaching on the oak tree drip line; and land fill was 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. 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. The City Commission heard the case on September 17, 2009 and granted an abatement of$1,500.00 to be paid by December 17, 2009. He noted payment has not yet been made. Nick Lupo, Code Compliance Manager, noted the property is now in compliance. Douglas Hammond, property owner, noted that since the abatement granted by the Commission in September, he has had to take care of his other property,the Hammond House Assisted Living facility, which needed repairs. He requested an extension to allow him time to receive some income. Commissioner Anton motioned to abate the lien to $1,500.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Minutes of Abatement Hearing 10 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes Item #3.26 was heard after Item #3.24 3.26 Abatement request for GMAC Mortgage LLC, 133 SW 5 Court, Case #08-0247 (0234-30-0400) Attorney Tim Ryan advised this case involved 11 violations: damaged or deteriorated windows must be replaced or repaired; windows lack fully operable hardware; building exterior is deteriorated and the light fixtures are exposed and in disrepair; an electrical box is exposed and creating a hazardous condition; fence is in a state of disrepair; building exterior has holes or breaks and is deteriorated; exterior surface of the structure is deteriorated and must be painted; the off-street parking area has a pothole, breaks and is in disrepair; trash and litter on the premises and adjoining rights-of-way; and untended vegetation on the property and adjoining rights-of-way. The fine ran for 567 days for a total of $141,750.00. The Special Magistrate authorized foreclosure on the property at the April 2, 2009 hearing. He advised that after negotiations with the applicant's attorneys we have reached a proposed agreement for GMAC to pay $25,000.00 in settlement of all fines. Commissioner Anton motioned to accept the settlement of $25,000.00, to be paid in 30 days; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 3.27 Abatement request for Matilde Patricia Magliocca & Ramses Augusto Silva, 317 SE 4 Terrace, Case #08-0534 (1203-55-0290) Nick Lupo, Code Compliance Manager, noted that Mayor Castro requested to re-hear this case. Mayor Castro motioned to re-hear the case; seconded by Vice-Mayor McElyea. The motion carried unanimously. Attorney Tim Ryan noted this case involved 7 violations: damaged and deteriorated windows must be repaired or replaced; windows lack fully operational hardware; the pool is filled with stagnant water and algae; trash and litter on the premises and adjoining rights-of-way; untended vegetation on the property and adjoining rights-of-way; and the abutting sidewalk is broken and in disrepair. The fine ran for 167 days for a total of $41,750.00. The City Commission authorized an abatement of$11,937.50 at the October 22, 2009 meeting, to be paid by April 22, 2010. Nick Lupo, Code Compliance Manager, noted all violations have been addressed and the property is now in compliance. Minutes of Abatement Hearing 11 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m. Dean Magliocca, property owner, noted they have spent $17,000.00 in probate estate fees trying to get this issue resolved. He asked for reconsideration of their case taking into account that he is unemployed and he and his wife are trying to keep their home. Commissioner McElyea motioned to abate the lien to $1,500.00, to be paid in 6 months; seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 3.28 Abatement request for Michael Cole, 5140 SW 26 Avenue, Case 408-0900 (0232- 02-0511) Attorney Tim Ryan noted this case involves one violation for renting property without a business tax receipt. The fine ran for 360 days for a total of $36,000.00. The Special Magistrate recommended an abatement of$1,000.00. Nick Lupo, Code Compliance Manager, noted that the amount of$1,000.00 would cover the cost to the City. Mayor Castro noted that Mr. Cole does a lot of community service around the City for the benefit of our residents. Commissioner Castro motioned to abate the lien to $0, seconded by Commissioner Anton. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 4. Adjournment Mayor Castro adjourned the meeting at 7:38 p.m. AT/TEAST: CITY OF DANIIA BEACH LOUISE STILSON, CMC ANNE CASTRO CITY CLERK — MAYOR—COMMISSIONER Approved: February 9, 2010 ATEO �� Minutes of Abatement Hearing 12 Dania Beach City Commission Thursday,January 21,2010-6:00 p.m.