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HomeMy WebLinkAboutAbatement Hearing (4) MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 20, 2010 - 6:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 6:08 p.m. 2. Roll Call Present: Mayor: C.K. "Mac" McElyea Commissioners: Walter Duke Bobbie Grace Asst. City Manager: Colin Donnelly City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Vice-Mayor: Anne Castro Commissioner: Bob Anton 3. Abatement Requests 3.1 Extension request for the abatement approved for John D. Thomas for property located at 161 NW 12 AVE, Case #92-0226 (Folio #0233-10-0450) Attorney Tim Ryan advised the applicant is requesting an extension of time to pay the abated Amnesty Fine. The Commission heard the request on October 22, 2009 and abated the fine to $2,200.00 to be paid in 180 days. Commissioner Grace motioned for Mr. Thomas to pay $100.00 per month until the $2,200.00 lien is paid; seconded by Commissioner Duke. The motion carried on the following 3-0 Roll Call vote: Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 3.2 Extension request for the abatement approved for Sharon Nielsen for property located at 4326 SW 48 CT, Case#02-2721 (Folio #0136-06-2470) Attorney Tim Ryan advised the applicant is requesting an extension of time to pay the abated Amnesty Fine. The Commission heard the request on October 22, 2009 and abated the fine to $2,500.00 to be paid in 180 days. Commissioner Grace motioned for Ms. Nielsen to pay $50.00 per month until the $2,500.00 lien is paid; seconded by Commissioner Duke. The motion carried unanimously. 3.3 Request for reconsideration of the abatement for Manna Diaz for property located at 221 SW 2 PL, Case#03-4422 (Folio #1203-44-0060) Attorney Tim Ryan advised the applicant is requesting a further reduction for the lien offered through the Amnesty Program, and an extension of time to pay the fine. The Commission heard the request on October 22, 2009 and abated the fine to $3,675.00 to be paid in 180 days. Commissioner Grace motioned to reconsider the request; seconded by Commissioner Duke. The motion carried unanimously. Attorney Tim Ryan noted the case involved 3 violations: failure to remove trash and debris from the property;junked and abandoned vehicles; and repair of vehicles in a residential district. Commissioner Duke motioned to reduce the lien to $2,200.00 to be paid in monthly installments of$100.00 per month; seconded by Commissioner Grace. The motion carried unanimously. 3.4 Abatement request for Fremont Investment & Loan for property located at 829 NW 7 AVE, Case#07-2186 (Folio #0234-25-0350) Attorney Tim Ryan advised this case involves 12 violations: damaged or deteriorated windows; windows lack fully operable hardware; windows are covered and in disrepair; electric box is exposed creating a hazardous condition; roof surface is discolored and not maintained in good condition; exterior surface of the structure is deteriorated and must be painted; trash and litter on the premises and rights of way; building was reconstructed, added on to, or substantially altered without building and zoning approval; and an addition was constructed onto the building without the required building permits or inspections. The fine ran for 791 days for a total of $118,650.00. The Special Magistrate recommended an abatement of$30,000.00. Tracy Adams, Attorney representing Fremont Investment & Loan, noted the bank took the property through foreclosure. She said the problem is that they spent $70,000.00 to come into compliance, and the property is currently valued at $89,000.00. Commissioner Duke motioned to abate the lien to $3,000.00. Commissioner Grace offered a substitute motion for $7,500.00, which was withdrawn. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,May 20,2010—6:00 p.m. Commissioner Grace motioned to abate the lien to $30,000.00 as recommended by the Special Magistrate, to be paid within 90 days or at closing; seconded by Commissioner Duke. The motion carried unanimously. 3.5 Abatement request for Benjamin O. Bugarin & Rosalida Bugarin for property located at 249 SW 11 ST, Case#07-2342 (Folio #1203-10-2380) Attorney Tim Ryan advised this case involves 12 violations: outside light fixture is hanging from its electrical wiring creating a hazardous condition; fence is in a state of disrepair; off street parking area is not an approved paved, concrete or block surface; a portion of the yard lacks live vegetative material; trash and litter on the premises and rights of way; untended vegetation on the premises and rights of way; property is being used for rental purposes without an occupational license; street number is not displayed for view from the alleyway of the building; tree branches over the sidewalk less than 8 feet above the sidewalk; hedge exceeds 4 feet in height; and vehicles parked on non-approved surfaces. The fine ran for 733 days for a total of $146,600.00. The Special Magistrate recommended a 50% reduction of the total fine to $73,000.00. Kara Kanadaro, Kanadaro Law Firm, representing the property owners, advised the property has been in compliance since March 15. She noted the City used the mailing address in Ft. Lauderdale as noted on the Broward County Property Appraisers records, however, the owners actually live in Davie, so they were not properly notified of the violations. Once the owners were notified they brought the property into compliance. Attorney Kanadaro presented a timeline of the compliance as well as other improvements to the property. She impressed upon the Commission that the owners do take the violations seriously, and they will be on the property at least twice a month. Attorney Kanadaro said the tenants are not paying rent, and requested further reduction of the lien. Attorney Ryan suggested $15,000.00 would be appropriate. Benjamin Bugarin said he is a good landlord and takes care of his property, however he was not properly notified. Rosalida Bugarin noted she became disabled last year, and they rely on the income property. Attorney Ryan noted that Attorney Kanadaro offered $7,300.00 payable in monthly installments of$240.00. Commissioner Grace motioned to abate the lien to $15,000.00, to be paid in monthly installments of $240.00; seconded by Commissioner Duke. The motion carried unanimously. 3.6 Abatement request for William Diblasio for property located at 313 SW 15 ST, Case #07-2834 (Folio #1203-10-1590) Continued from March 18, 2010 Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,May 20,2010—6:00 p.m. Attorney Tim Ryan advised this case involves 6 violations: windows and doors are not weathertight and are in a state of disrepair; windows lack fully operable hardware; fence is in a state of disrepair; property is being used for rental purposes without an occupational license; more than one boat trailer parked or stored on the property; and a portion of the property is being used for parking without an approved hard surfaced parking area. The fine ran for 630 days for a total of$63,000.00. The Special Magistrate recommended an abatement of$15,750.00. William Diblasio, property owner, noted the property is a rental unit and the tenants are the ones who created the violations. He said his mail was mixed up, which caused a problem with notification. Commissioner Duke motioned to abate the lien to $15,750.00, as recommended by the Special Magistrate, to be paid in 6 months; seconded by Commissioner Grace. The motion carried unanimously. 3.7 Abatement request for Petrol Enterprises Inc. for property located at 2109 Griffin Rd, Case#07-3026 (Folio #0229-06-0080) Attorney Tim Ryan advised this case involves 4 violations for a pole sign, snipe signs, and banner signs on the property that are not permitted by code. The fine ran for 99 days for a total of$14,850.00. The Special Magistrate recommended a 50%reduction of the fine to $7,425.00. Commissioner Duke motioned to abate the lien to $7,425.00, as recommended by the Special Magistrate, to be paid in 6 months; seconded by Commissioner Grace. The motion carried unanimously. 3.8 Abatement request for Schmitz Family TR, Steve Lee Altland TRSTE, for property located at 210 SW 7 ST, Case #07-3027 (Folio 91203-06-0560) Attorney Tim Ryan noted this case involved 13 violations: windows are not weathertight and are in a state of disrepair; windows lack fully operable hardware; windows are missing glass and are in disrepair; electrical outlets are exposed creating a hazardous condition; building exterior is deteriorated; exterior surface of the structure is deteriorated and must be painted; off-street parking area lacks an approved paved or concrete surface in good repair; trash and litter on the premises and rights of way; untended vegetation on the property and adjoining rights of way; swale are adjoining the property lacks sod or other vegetative cover; tree branches extend over the sidewalk less than 8 feet above the sidewalk; and front yard hedge exceeds 4 feet in height. The fine ran for 611 days for a total of$152,750.00. The Special Magistrate recommended a 50%reduction of the total fine to $76,375.00. Jerome Tepps, Attorney representing Steve Lee Altland, noted Mr. Altland has at least 10 foreclosures. He said there is a first mortgage on the property for $50,496.00 and he cannot afford to pay. The property is currently vacant and he is 2 years behind in taxes. Attorney Ryan commented that he has a copy of the mortgage from 1992 that shows the principle amount of the loan at $26,000.00. He questioned how that mortgage could now be Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,May 20,2010—6:00 p.m. $50,000.00. Attorney Ryan noted he will research the title again, and said this could be presented at a City Commission meeting. Attorney Taft noted that Mr. Altman could possibly pay $200.00 per month. Commissioner Duke motioned for Attorney Ryan to bring this case back to the City Commission; seconded by Commissioner Grace. The motion carried unanimously. 3.9 Abatement request for Margarita Otero for property located at 2920 SW 58 ST, Case #08-0257 (Folio #0232-17-0860) Attorney Tim Ryan noted this case is for 3 violations: an addition was constructed or added onto the building without building and zoning approval; and the structure was enlarged or altered by enclosing the carport without the required permits and inspections. The fine ran for 248 days for a total of$37,200.00. The Special Magistrate recommended an abatement of$1,500.00. Commissioner Duke motioned to abate the lien to $1,500.00, as recommended by the Special Magistrate, to be paid in 30 days; seconded by Commissioner Grace. The motion carried unanimously. 3.10 Abatement request for Victor Medina for property located at 529 E Sheridan St #2011, Case #08-0459 (Folio #1202-AF-0090) Attorney Tim Ryan noted this case is for one violation for renting the property without an occupational license. The fine ran for 285 days for a total of $42,750.00. The Special Magistrate recommended an abatement of$2,000.00. Commissioner Duke motioned to abate the lien to $2,000.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Commissioner Grace. The motion carried unanimously. 3.11 Approval of the settlement received for Barrington Blake & Dionne Blake for property located at 300 SW 16 ST, Case #07-1471 (Folio #1203-10-1560) Attorney Tim Ryan noted this case involved 5 violations: windows are not weathertight and are in a state of disrepair; and windows lack fully operable hardware. An authorization was granted to abate nuisances and keep the property secure in the interest of public health and safety by the Special Magistrate on October 2, 2008. Attorney Ryan advised the property has been foreclosed upon by the bank and tonight's request is to accept a settlement offer because the property is involved in a short sale transaction. The settlement amount is $1,616.57. 3.12 Approval of the settlement received for Twin Condos of Mederos LLC for property located at 3265 Griffin Rd#102, Case #08-0879 (Folio #0230-AD-0020) Attorney Tim Ryan noted this case involved one violation of property being used for rental purposes without a business tax receipt. The fine ran for 561 days for a total of $56,100.00. Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday, May 20,2010—6:00 p.m. Attorney Ryan advised tonight's request is to accept a settlement offer due to foreclosure/short sale. The settlement amount is $750.00. 3.13 Approval of the settlement received for Twin Condos of Mederos LLC for property located at 3265 Griffin Rd#204, Case#08-0891 (Folio #0230-AD-0100) Attorney Tim Ryan noted this case involved one violation of property being used for rental purposes without a business tax receipt. The fine ran for 561 days for a total of $56,100.00. Attorney Ryan advised tonight's request is to accept a settlement offer due to foreclosure/short sale. The settlement amount is $750.00. 3.14 Approval of the settlement received for IIS Holdings LLC for property located at 11 SW 12 AVE Bldg 4 Unit 103, Case #08-1468 (Folio #0233-AA-0390) Attorney Tim Ryan noted this case involved 3 violations for trash and litter on the premises. The fine ran for 209 days for a total of$31,500.00. Tonight's request is to accept a settlement offer due to foreclosure/short sale. The settlement amount is $2,000.00. 3.15 Approval of the settlement received for Juan C. Gonzalez Jr. for property located at 417 Phippen-Waiters Rd, Case#09-0300 (Folio #1203-35-0031) Attorney Tim Ryan noted this case involved 13 violations: windows and doors are broken; windows lack fully operable hardware; plumbing fixtures in disrepair; exposed electrical outlets; exterior surface is deteriorated; building exterior surface is deteriorated and needs painting; building is not structurally sound, weather proof, water tight and rodent proof; off-street parking is not an approved surface; trash and letter on the premises and adjoining rights of way; untended vegetation on property and adjoining rights of way; and garbage cart in the front yard after the day of collection. The property has been foreclosed upon by the bank. Attorney Ryan advised tonight's request is to accept the settlement agreement for $3,900.00. Commissioner Grace motioned to accept all the settlement agreements; seconded by Commissioner Duke. The motion carried unanimously. 4. Adjournment Mayor McElyea adjourned the meeting at 7:08 p.m. ATTEST: CITY OF DANIA BEACH ��o�pPD' l S Fgsy,C'` o��d (�7q LOUISE STILSON, CMC CITY CLERK MAYOR—CO MISSIONER Approved: June 8, 2010 Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,May 20,2010—6:00 p.m.