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HomeMy WebLinkAboutABATEMENT HEARING (2) MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 18, 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 Commissioner: Bob Anton City Manager: Bob Baldwin City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Commissioner: Walter Duke Item #3.12 was heard before Item #3.1 3. Abatement Requests 3.1 Case #07-0328 Consideration of the Abatement Request for: SOS Land Corp 93, 345 N. Federal Highway—Continued from January 21, 2010 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, noted that in addition to the above violations, the building needed to be painted and repairs had to be done to the foundation. He confirmed that the property is now in compliance. Roland Martinez, attorney for the applicant, pointed out that the property owner had already taken steps to correct the problems prior to receiving the citation from the City. He advised that Mr. Sosa spent approximately $467,000.00 remodeling the gas station, which is a family business. Attorney Martinez requested a further reduction of the $10,000.00 recommended by the Special Magistrate. Mayor Castro questioned if there was an open building permit during October, 2007, regarding the construction going on in other areas of the gas station, including the replacement of the underground tanks. Jose Gonzalez, representing the applicant, noted that in March, May and July, 2007, respectively, Mr. Sosa obtained building permits. He further explained that due to some technicalities out of his control, the canopy permit was not final until September, 2009. Discussion followed regarding the requirements of the Code Compliance Unit and the Building Department in this type of case. Attorney Ryan noted the applicant never requested an extension of the timeframe given to him to pay the fine. Mr. Lupo responded for Commissioner Anton that the City's cost in this case is $1,750.00. Commissioner Anton motioned to abate the lien to $1,750.00, 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 3.2 Case #07-1379 Consideration of the Abatement Request for: Clive Forrest & Getrude Forrest, 4813 SW 44 Terrace Attorney Tim Ryan noted this case involves 16 violations: windows in a state of disrepair; windows lack fully operational hardware; porch frame is in a state of disrepair; porch frame is deteriorated; off-street parking area lacks an approved paved or concrete surface in good repair; litter, trash and debris on premises and adjoining unpaved portions of the public rights-of-way; untended vegetation on the premises and abutting rights-of-way; street number is not displayed on the front of the building; 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, and the Respondent has asked for an extension of payment. Nick Lupo, Code Compliance Manager, noted that the Commission heard this case on October 22, 2009, and confirmed the Special Magistrate's recommendation of$2,500.00 to be paid in six months. He indicated that Mr. Forrest is working out of town and requested 90 additional days from today's date to make the payment. Commissioner Anton motioned to abate the lien to $2,500.00, to be paid in 90 days; 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 2 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m. Mayor Castro Yes 3.3 Case #07-1752 Consideration of the Abatement Request for: Sunshine Ocean Surf Inc, Vacant Lot E of 4540 SW 27 Ave Lot C Items #3.3 through #3.6 were discussed at the same time because they involve the same property. Attorney Tim Ryan noted this case involved 2 violations of untended vegetation, and trash and litter on property and adjoining rights-of-way. The fine ran for 186 days for a total of $27,900.00. The resident is requesting further reduction through the City Amnesty program. The case was rescheduled due to a clerical error with notification of hearing. 3.4 Case #07-1753 Consideration of the Abatement Request for: Sunshine Ocean Surf Inc,Vacant Lot E of 4540 SW 27 Ave Lot B Attorney Tim Ryan noted this case involved 4 violations of untended vegetation, and trash and litter on property and adjoining rights-of-way. The fine ran for 186 days for a total of $27,900.00. The resident is requesting further reduction through the City Amnesty program. The case was rescheduled due to a clerical error with notification of hearing. 3.5 Case #09-1343 Consideration of the Abatement Request for: Sunshine Ocean Surf Inc, Vacant Lot E of 4540 SW 27 Ave Lot B Attorney Tim Ryan noted this case involved 4 violations: trash, litter and untended vegetation on the premises and adjoining unpaved portions of the public rights-of-way; and boat and trailer without current registration stored on the property, which is not a permitted use of unimproved property. The fine for violations I and 2 ran for 26 days for a total of$5,200.00. The fine for violations 3 and 4 ran for 6 days for a total of $600.00. The resident is requesting further reduction through the City Amnesty program. The case was rescheduled due to a clerical error with notification of hearing. 3.6 Case #09-1344 Consideration of the Abatement Request for: Sunshine Ocean Surf Inc, Vacant Lot E of 4540 SW 27 Ave Lot C Attorney Tim Ryan noted this case involved 2 violations of trash, litter and untended vegetation on premises and the adjoining unpaved portions of the public rights-of-way. The fine ran for 26 days for a total of $5,200.00. The resident is requesting further reduction through the City Amnesty program. The case was rescheduled due to a clerical error with notification of hearing. Nick Lupo, Code Compliance Manager, noted that these four cases were included in the January 21, 2010 Abatement Hearing agenda. He advised that when staff went to notify the applicant that the requests were denied by the Commission,they realized there was an error on the mailing label for the notices that were sent asking them to attend that meeting. Mr. Lupo indicated that the cases were therefore re-scheduled to be heard tonight, although the applicant is not present at the meeting. He confirmed the property is now in compliance, but no fines were ever paid. Mr. Lupo explained that the Amnesty program is now expired, but if the Commission extends the Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m. f requests the Amnesty guidelines would still be honored. However, if the requests are denied by the Commission, he asked that all four cases revert back to the full total lien, not the Amnesty amount. Commissioner Anton motioned to extend the Amnesty amount of $19,200.00 for all four cases, for a period of 90 days; otherwise the fine reverts back to the full lien amount of $66,800.00; 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 3.7 Case #07-0935 Consideration of the Abatement Request for: Ilana Levy, 5981 SW 45 Way Attorney Tim Ryan noted this case involved 15 violations: windows are broken and covered with sheetrock; windows lack fully operational hardware; fence is in a state of disrepair; exterior of the surface is deteriorated and must be painted; litter, trash and debris on premises and adjoining right-of-way; untended vegetation on premises and abutting right-of-way; street number is not displayed on the front of the building; and a portion of the property is being used for off street parking without an approved hard surfaced parking area. The fine ran for 292 days for a total of $58,400.00. The Special Magistrate recommended an abatement of$3,000.00. Nick Lupo, Code Compliance Manager, noted this is a rental property. He further advised that the applicant is taking possession of the property through divorce and the lien attached to it automatically transfers to Ms. Levy. Ilana Levy, property owner, noted that since taking over the property she has been working hard to try to bring the property into compliance. She asked for consideration of her request. Mr. Lupo explained that the tenant was doing un-permitted structural and electrical work with two units to convert them into a single-family home. Commissioner Anton motioned to abate the lien to $1,980.00, to be paid in 60 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 3.8 Case 407-1917 Consideration of the Abatement Request for: Issac & Igone Argoitia, 101 SE 2 Court Attorney Tim Ryan noted this case involved 3 violations for a canopy with no roof cover, and a junked or abandoned vehicle being parked or stored on the property. The fine ran for 510 days for a total of$51,000.00. The Special Magistrate recommended an abatement of$2,500.00. Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m. Nick Lupo, Code Compliance Manager, noted that the only issue that kept the fine running was that the canopy was never repaired. He explained that there was a language barrier in this case and staff could only communicate with the applicant's daughter who was out of the country. The applicant found out about the lien when they went to re-finance the house. Mr. Lupo advised that they immediately took care of the canopy issue and the property is now in compliance. Igone Argoitia, property owner, advised her daughter would serve as a translator. The applicant's daughter asked for a further reduction of the abated amount of$2,500.00 and some additional time to allow them to find the money to pay the fine. Commissioner Anton motioned to abate the lien to $1,200.00, to be paid in 90 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 3.9 Case 408-2088 Consideration of the Abatement Request for: Patrick Toma, 24 SW 13 Street Attorney Tim Ryan noted this case involved 8 violations: windows are not weather tight and are in a state of disrepair; windows lack screens; building exterior is in a state of disrepair with discoloration; electrical outlets are exposed creating a hazardous condition; exterior surface of the structure is deteriorated and must be painted; the building was added on to or structurally altered without zoning and building approval; and the building structure was altered without the required permits and inspections. The fine ran for 107 days for a total of $21,400.00. The Special Magistrate recommended an abatement of$2,100.00. Nick Lupo, Code Compliance Manager, noted that this was originally a 4-unit rental property converted to five units without permits. He said that staff contacted the owner and advised him he needed to convert it back. Patrick Toma, property owner, noted that when he purchased the property he got an occupational license from the City showing five units. Mr. Lupo confirmed for Mayor Castro that Mr Toma's other properties in the City are up to Code. Commissioner Anton motioned to abate the lien to $1,500.00, to be paid in 60 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 3.10 Case #08-2171 Consideration of the Abatement Request for: Florida Power & Light Co Attn: Property Tax Dept JLM, Vacant Lot N of 760 NE 7 Avenue Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m. Attorney Tim Ryan noted this case involved 8 violations: fence in a state of disrepair; trash and litter on premises; overgrown grass or weeds on property; business tax receipt required for renting property; City approval was not obtained for the security booth; it is not permitted to use the center portion of the property for storage; and permits and inspections are required for the security booth on the property. The fine ran for 118 days for a total of$23,600.00. The Special Magistrate recommended an abatement of$2,400.00. Nick Lupo, Code Compliance Manager, noted that Florida Power and Light lease part of the property to G & G Marine and Grady Marine. He pointed out that Grady Marine went out of business, but left all their junk on the site. These two companies were the cause of the violation. Mr. Lupo advised that the Commission granted a variance request to G & G Marine to operate a truck terminal; however, they took an additional portion to store equipment which was not approved by the City. Mr. Lupo indicated that the property was brought into compliance by Florida Power and Light. Jeff Long, representing Florida Power and Light, noted that some of the reasons which make them lease land under the power lines are: it benefits the local businesses and also the rents deriving from these properties count towards their general revenue, hence keeping the electric rates low. He explained that when they found out that G & G was occupying one acre of the property which they did not include in the zoning text amendment, they asked them to vacate the area. Mr. Long noted that Florida Power and Light has spent approximately $10,000.00 to clean the property and it is their intention to do things right. Commissioner Anton motioned to abate the lien to $2,400.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Vice-Mayor McElyca. The motion carried on the following 3-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor McElyea Yes Mayor Castro Yes 3.11 Case #09-0328 Consideration of the Abatement Request for: Hermitage Partners LLC, 215 SW 12 Street Attorney Tim Ryan noted this case involved 2 violations: plumbing pipes are not properly connected and are not in good working condition; and the electrical work with the meter is creating a hazardous condition. The fine ran for 154 days for a total of$38,500.00. The Special Magistrate recommended an abatement of$4,500.00. Nick Lupo, Code Compliance Manager, noted that Hermitage Partners had a previous case before the Commission on October 22, 2009. He advised that the electrical and plumbing issues were considered a safety hazard. The property is now in compliance. Aleco Haralambides, 3135 SW 3`d Avenue, Miami, representing Hermitage Partners, LLC, noted the property is owned by five members of his family and is currently vacant. He advised all the problems have been corrected. Mr. Haralambides requested a further reduction of the fine. Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m. Commissioner Anton noted that the issue with absentee landlords is that the neighbors are the ones suffering the problems with the properties that are not properly maintained. Mr. Lupo advised that the applicant has two other cases that will appear before the Commission when they come into compliance. Commissioner Anton motioned to abate the lien to $4,500.00, as recommended by the Special Magistrate, to be paid in 60 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 Item #3.12 was heard before Item #3.1 3.12 Case #09-0877 Consideration of the Abatement Request for: Indira Maharaj, 2227 Clipper Place 5107 Attorney Tim Ryan noted this case involved one violation for failure to obtain a business tax receipt for a rental property. The fine ran for 114 days for a total of$17,100.00. The Special Magistrate recommended an abatement of$1,710.00. Chrystal Freed, Attorney for property owner, noted that Ms. Maharaj resides in Trinidad and Tobago and only comes to the United States every quarter. She further explained that Ms. Maharaj had a personal tragedy which caused her to be under extreme depression. Attorney Freed asked that the recommendation of the Special Magistrate be ratified by the Commission. Commissioner Anton motioned to abate the lien to $1,710.00, as recommended by the Special Magistrate, 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 Item #3.13 was heard after Item #3.11 3.13 Case #07-2287 Consideration of the Abatement Request for: My Darling LLC, 4433 Stirling Rd— Continued from January 21, 2010 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 this is the 70' request for continuance of this case. He indicated that he understands they are trying to sell the property and let the new owner deal Minutes of Abatement Hearing 7 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m. with the fine. Mr. Lupo asked the Commission to uphold the $28,000.00 recommended by the Special Magistrate. Attorney Ryan advised that, once the Commission has made a decision on this case, staff should send a letter to the property owner and their counsel with the information. Commissioner Anton motioned to abate the lien to $28,000.00, as recommended by the Special Magistrate, to be paid in 60 days, or it reverts back to the original amount; 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 3.14 Case #09-0121 Consideration of the Abatement Request for: Daniel Gelfand, 2235 Clipper Place 5109 Attorney Tim Ryan noted that this case was mainly to discuss the policy with respect to certain properties in foreclosure where the City could lose any of the liens in the proceedings. He advised that it involved 4 violations: trash and litter on the premises and the adjoining rights-of- way; and operating a business on the property without a business tax receipt. The fine ran for 223 days for a total of $22,300.00. Attorney Ryan indicated that this is a motion to accept a $1,500.00 settlement offer received by the City during a short sale transaction. Commissioner Anton noted that the City's main purpose is to bring the properties into compliance. He said that a short sale is good for the City because it will bring people to occupy a previously vacant property. Commissioner Anton would like for staff to try to negotiate at least the City's cost involved in this type of case. Mayor Castro suggested a committee be created to include Code Compliance, our Code Attorney, the City Manager and/or City Attorney, so they can make an administrative decision and report back to the Commission at the next Abatement Hearing. She remarked that we are looking for property improvement and homeownership. Mr. Lupo noted that the City's cost in this case was $750.00 and the bank offered $1,500.00. He confirmed with the Commission that this policy would apply to both residential and commercial properties. Commissioner Anton motioned to move forward with staff recommendation to accept the $1,500.00 settlement offer; seconded by Vice-Mayor McElyea. The motion carried unanimously. 4. Adjournment Mayor Castro adjourned the meeting at 7:27 p.m. Minutes of Abatement Hearing 8 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m. ATTEST: CITTYY OF DA/NIIA�BEACH LOUISE STILSON, CMt aaD IS FRsro�r ANNE CASTRO CITY CLERK ma° _ ` MAYOR—COMMISSIONER Approved: April 14, 2010 , 1 AtE° Minutes of Abatement Hearing 9 Dania Beach City Commission Thursday,March 18,2010-6:00 p.m.