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HomeMy WebLinkAboutAbatement Hearing MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 20, 2011 - 6:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: C. K. "Mac" McElyea Vice-Mayor: Anne Castro Commissioners: Bob Anton Walter Duke Bobbie Grace City Manager: Robert Baldwin City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Abatement request for Thomas Flannery & Mario Perez for property located at 502 SW 2 AVENUE, Case # 07-0368 (Folio # 1203-04-0311) (Continued from September 16, 2010 and November 18, 2010) Attorney Tim Ryan noted this case involved five violations: building in disrepair; building exterior surface discolored, deteriorated and must be painted; property rented without a business tax receipt; and swale missing sod or other vegetative cover. The fine ran for 181 days for a total of$45,250.00. The Special Magistrate recommended an abatement of$2,500.00. Thomas Flannery, 502 SW 2nd Avenue, noted he was not aware of what Mario, who recently passed away, was doing. He asked the Commission to lower the fine, since two of the four units have been empty for some time. Vice-Mayor Castro motioned to abate the lien to $1,500.00, to be paid in 30 days; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 3.2 Abatement request for Violet M. Klatt Rev Tr. for property located at 126 S. FEDERAL HWY, Case 406-1658 (Folio #0234-01-3590) (Continued from September 16, 2010 and November 18, 2010) 3.3 Abatement request for Violet M. Klatt Rev Tr. for property located at 100 S. FEDERAL HWY, Case #09-0073 (Folio # 0234-01-3560) (Continued from September 16, 2010 and November 18, 2010) Attorney Tim Ryan noted the first case involves five violations: trash and litter on the property and abutting right-of-way; dumpster lids not closed; failure to display address numbers on rear of building; and concrete step in rear of building out of place. The fine ran for 22 days for a total of $4,400.00. The Special Magistrate recommended an abatement of$2,200.00. The second case involves two violations of operating a business without a business tax receipt. The fine ran for 402 days for a total of $80,400.00. The Special Magistrate recommended an abatement of$8,000.00. Nick Lupo, Code Compliance Manager, reiterated Attorney Ryan's statement and added that the property owner must ensure that all tenants are in possession of a valid business tax receipt. He advised that it took four months for the property to be in compliance. Attorney Ryan clarified for Commissioner Grace that the total amount owed for the two cases is $84,800.00 and the total sum recommended by the Special Magistrate is $10,200.00. Lee Glassman, son of the owner of the property, noted that Klatt Trust owns the land and they own the building on the property. He explained that the first case involved building a concrete step and that the permit process takes time. As regards the overflowed dumpsters at Rent-A- Center, Mr. Glassman indicated that they call Waste Management as often as they need them; however,he understands Rent-A-Center does not really know when their shipment is coming. Vice-Mayor Castro pointed out that all tenants at the shopping plaza had their place cleaned up, except Rent-A-Center. She said the property owners need to make sure they have their trash picked up. Vice-Mayor Castro further suggested they consider incorporating a clause in any future lease stating that if the tenants do not call the garbage company, the property owner will do so. Mr. Glassman further referred to the second case and advised that they were never notified that the owner did not have a business tax receipt. Once they received notification, the Klatts took care of the problem. Commissioner Anton noted that shopping center has had trash problems for a long time. Mayor McElyea asked Mr. Glassman to paint the graffiti in the back of the building. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,January 20,2011 -6:00 p.m. Commissioner Duke noted that they have a leasehold interest in this property; therefore they have an obligation to take care of the property. He further said that he never liked the way this shopping center has been managed. Commissioner Duke pointed out that the City is trying to move forward with development and they should try to improve the appearance of that property considering its location. Commissioner Duke motioned to abate the total lien to $10,200.00, as recommended by the Special Magistrate,to be paid in 60 days; seconded by Commissioner Grace. Vice-Mayor Castro questioned the amount for occupational licenses. She noted she was more concerned with the trash issue and added that she would like to revisit the business tax receipt subject at a future date. Nick Lupo, Code Compliance Manager, explained the importance of having a valid business tax receipt(occupational license). Discussion followed among Vice-Mayor Castro, Code Compliance Manager Lupo and Mr. Glassman regarding enforcement of the City code. Attorney Ryan commented that they have cited this property on several occasions for signage and landscaping problems. Vice-Mayor Castro clarified for the record that $2,200.00 refers to the trash problem and $8,000.00 is for the business tax receipt case. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro No Commissioner Duke Yes Mayor McElyea No Commissioner Grace Yes 3.4 Abatement request for Joanne H Kestler for property located at 5511 SW 44 AVENUE, Case#08-1081 (Folio #0136-10-0330) Attorney Tim Ryan noted this case involves four violations: pool filled with stagnant water and algae; trash litter and animal waste on the premises; and trash and litter on abutting right-of- way. p � g g way. The fine ran for 229 days for a total of$57,250.00. The Special Magistrate recommended an abatement of$1,500.00. Joanne Kestler, 5511 SW 44th Avenue, property owner, noted she was out of the area while her parents were ill, and was not able to do routine maintenance on the property. She said that the property is now in compliance and it is her intention to keep it that way. 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 Anton. The motion carried on the following 5-0 Roll Call vote: Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,January 20,2011 -6:00 p.m. Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 3.5 Abatement request for Jorge Mario Uribe Gomez & Maria Luz Mercedes N Perez for property located at 4960 WINDWARD WAY, Case #09-0277 (Folio # 0232-AB- 0920) Attorney Tim Ryan noted this case is for one violation for renting property without a business tax receipt. The fine ran for 38 days for a total of $2,850.00. The Special Magistrate recommended an abatement of$750.00 plus $100.00 administrative cost. Commissioner Duke motioned to abate the lien to $850.00, as recommended by the Special Magistrate, to be paid in 30 days; seconded by Commissioner Grace. Jorge Mario Uribe Gomez, noted he did not receive notice of the violations because he lives out of the country. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 3.6 Abatement request for County Homes Development for Vacant Property located South of 4640 SW 33 AVENUE, Case #09-1209, and for 5 Public Services Lot Mowing liens for the same Vacant Property (Folio# 0230-03-0080) Attorney Tim Ryan noted this case involves two violations for untended vegetation, and trash and litter on the property and adjoining unpaved portions of the public rights-of-way. The fine ran for five days for a total of$1,250.00. The Special Magistrate recommended an abatement of $1,000.00 plus $100.00 administrative cost. Attorney Ryan noted there is also a Public Services lien for lot mowing and debris removal which is not included in this item. The total amount for the Public Services lien is $1,519.58. Hector Shomack, owner of the property, noted he and his partner have a lot of money invested in the property. He advised that the property is currently for sale. Mr. Shomack and his partner said they let the city maintain the property because it was cheaper than hiring someone to maintain it. They would just like to pay for the maintenance,not the lien. Vice-Mayor Castro motioned to abate the lien to $2,850.00, to be paid in 60 days; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,January 20,2011 -6:00 p.m. Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 3.7 Approval of the settlement received for Jorge Polo & Jeannette Espaillat for property located at 212 SW 2 TERRACE, Case#07-0591 (Folio # 1203-14-0060) Attorney Tim Ryan noted the case settled for$5,000.00. 3.8 Approval of the settlement received for Stephen Miller Est c/o April L Patterson for property located at 2953 SW 53 STREET, Case#08-1868 (Folio # 0232-34-2050) Attorney Tim Ryan noted the case settled for$4,091.00. 3.9 Approval of the settlement received for Edvardo Archer c/o SO Excellence for property located at 722 SW 3 PLACE, Case#09-0102 (Folio # 1023-36-0700) Attorney Tim Ryan noted the case settled for$8,943.94. 3.10 Approval of the settlement received for Alonzo Neal for property located at 813 NW 3 STREET, Case#09-1193 (Folio #0234-20-0090) Attorney Tim Ryan noted the case settled for$6,758.00. 3.11 Approval of the settlement received for Kareen K Castro for property located at 730 NW 12 AVENUE, Case #09-1275 (Folio # 0234-38-0110) Attorney Tim Ryan noted the case settled for$2,991.00. 3.12 Approval of the settlement received for Eunice Alexander 1/2 Int, Lyle Alexander for property located at 4927 SW 44 TERRACE, Case #09-1863 (Folio # 0136-06-0280) Attorney Tim Ryan noted the case settled for$4,300.00. 3.13 Approval of the settlement received for Scott Carroll for property located at 5230 SW 26 TERRACE, Case#09-2028 (Folio # 0232-34-0850) Attorney Tim Ryan noted the case settled for$7,850.00. Nick Lupo, Code Compliance Manager, reported that the total amount received by the City for the above settlement cases is $39,933.94. Vice-Mayor Castro motioned to approve Items #3.7 through #3.13; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,January 20,2011 -6:00 p.m. i Commissioner Grace Yes 4. Adjournment Mayor McElyea adjourned the meeting at 6:47 p.m. ATTEST: CITY OF DANIA BEACH 0- elCO4. —2&e2 A) -(/'/l�'l . LOUISE STILSON, CMC C. K. M ELYEA CITY CLERK s FiRSr car MAYOR—COMMISSIONER r Approved: February 8, 2011 1d� Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,January 20,2011 -6:00 p.m.