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HomeMy WebLinkAboutMinutes of Meeting - Abatement Hearing - November 17, 2011 MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 17, 2011 - 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Patricia A. Flury Vice-Mayor: Bobbie Grace Commissioner: Walter Duke City Manager: Robert Baldwin City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Commissioners: Anne Castro C. K. "Mac"McElyea 3. Abatement Requests 1. Reconsideration of the abatement request for Melba Butler for property located at 195 NW 14 Way, Case # 09-2305 (Folio # 0233-12-0150) Attorney Tim Ryan noted this case involved 6 violations: dock and seawall are deteriorated and in a state of disrepair;junk and debris in the yard; paper, bottles and debris on the rights-of-way adjoining the property; boat at the dock has an expired tag of April 2007; unsightly, deteriorated boat located in the waterway tied to the dock; and dock is in disrepair. The fines ran for 171 days for a total of $8,550.00. The Special Magistrate recommended an abatement of $855.00 plus the $100.00 administrative cost. The payment was not submitted, therefore the fine reverted back to the full amount plus the $100.00 administrative fee. The Commission heard the case on September 15, 2011 and motioned to abate the lien to $1,500.00, to be paid in 60 days. Vice-Mayor Grace motioned to reconsider the abatement request for Melba Butler; seconded by Commissioner Duke. The motion carried unanimously. Vice-Mayor Grace motioned to abate the lien to $855.00, to be paid in 60 days; seconded by Commissioner Duke. Melba Butler, property owner, said she does not accept the fine. The motion carried on the following 3-0 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury Yes 1. Consideration of the abatement request for Miami 1620 LLC (f/k/a: Lloyd M Singh & Anastasia Thelsuma) for property located at 137 SW 5 Ct, Case # 06-1496 (Folio # 0234- 30-0390) Attorney Ryan noted this case involved 10 violations: windows and exterior doors in disrepair; windows lack fully operable hardware; fence is in a state of disrepair; exterior surface of the structure is deteriorated and must be painted; paint must be uniform colors void of any evidence of deterioration; yard lacks live vegetative cover; untended vegetation on the premises and abutting right of way; trash and litter on the adjoining swale; trash and litter on the premises; and business is operating without an occupational license. The fine ran for 1,663 days for a total of $332,600.00, including costs. The Special Magistrate recommended an abatement of $10,000.00. Vice-Mayor Grace motioned to abate the lien to $10,000.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Mayor Flury. The motion carried on the following 2-1 Roll Call vote: Commissioner Duke No Vice-Mayor Grace Yes Mayor Flury Yes 2. Consideration of the abatement request for Pierrie & Therese Bernard for property located at 287 SW 9 St, Case # 07-2333 (Folio # 1203-41-0340) Attorney Ryan noted this case involved 14 violations: windows have air conditioning units installed and are in disrepair; building exterior is deteriorated and discolored; exterior surface is deteriorated and must be painted; off-street parking 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 adjoining right of way; untended vegetation on property and adjoining right of way;junked and abandoned vehicle parked or stored on the property; street number is not visible from the alleyway of the building; swale area adjoining the property lacks sod or other vegetative cover; sidewalk abutting the property is broken and in disrepair; a cement mixer truck is parked or stored on the property; and cracks and potholes in the paved parking area require repair or repaving. The fine ran for 1,226 days for a total of$245,358.00, including costs. The Special Magistrate recommended an abatement of$15,000.00. Attorney Jason Dubow, representing the property owner, indicated this was a perfect storm of miscommunication. The property owner did not receive any notices because the tenant was Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,November 17,2011 —6:00 p.m. signing the owner's name to the certified mail cards. Attorney Dubow noted, once discovered, the repairs were done timely, but not reported to Code Compliance. Vice-Mayor Grace motioned to abate the lien to $7,500.00, to be paid in 90 days; seconded by Commissioner Duke. The motion carried on the following 3-0 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury Yes 3. Consideration of the abatement request for Rico R & Rhonda Rowell, Edward & Pocahontas Reynolds for property located at 1411 NW 10 St, Case # 07-2977 (Folio # 0233-20-0012) Attorney Ryan noted this case involved 13 violations: windows lack screens; an electrical outlet is exposed and creating a hazardous condition; fence is in a state of disrepair; building exterior is deteriorated and must be painted; off-street parking area in a state of disrepair; trash and litter on the rights of way adjoining the property; untended vegetation on the rights of way adjoining the property; sidewalk abutting the property is broken and in disrepair; front yard fence exceeds four feet in height; and a portion of the property is being used for parking without an approved hard surfaced parking area. The fine ran for 232 days for a total of$34,966.50, including costs. 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 60 days; seconded by Vice-Mayor Grace. The motion carried on the following 2-1 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury No 4. Consideration of the abatement request for Stirling Station Inc for property located at 4051 Stirling Rd, Case # 08-0834 (Folio #0136-24-0010) Attorney Ryan noted this case involved 1 violation for renting property without a business tax receipt. The fine ran for 1,053 days for a total of $210,741.00, including costs. The Special Magistrate recommended an abatement of$2,500.00. Commissioner Duke motioned to abate the lien to $2,500.00, as recommended by the Special Magistrate, to be paid in 60 days; seconded by Vice-Mayor Grace. The motion carried on the following 2-1 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury No 5. Consideration of the abatement request for Stirling Station Inc for property located at 4051 Stirling Rd, Case # 10-1161 (Folio # 0136-24-0010) Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,November 17,2011 —6:00 p.m. Attorney Ryan noted this case involved 1 violation for a damaged sign that was repaired without being up to code, and without permits and inspections. The fine ran for 172 days for a total of $34,654.00, including costs. The Special Magistrate recommended an abatement of$3,465.00. Vice-Mayor Grace motioned to abate the lien to $3,465.00, as recommended by the Special Magistrate, to be paid in 60 days; seconded by Commissioner Duke. The motion carried on the 3-0 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury Yes 6. Consideration of the abatement request for My Darling LLC for property located at 4409 SW 60 St(aka: Stirling Rd), Case# 09-1864 (Folio # 0136-03-0140) Attorney Ryan noted this case involved 13 violations: windows are secured shut; windows lack fully operable hardware; trash, tile and roof debris on the premises; tall grass, weeds and brush on the property; property is being used for rental purposes without a business tax receipt; building was reconstructed or structurally altered without building and zoning approval; single family residence is used for a commercial business; and electrical work was performed and an air conditioning unit was installed without permits. The fine ran for 572 days for a total of $114,641.00, including costs. The Special Magistrate recommended an abatement of $57,000.00. Attorney Ryan noted their attorney requested a continuance until the next Abatement Hearing. The Commission agreed to the continuance. 7. Consideration of the abatement request for Davie Property Group LLC for property located at 4485 Stirling Rd, Case # 09-2176 (Folio # 0136-03-0230) Attorney Ryan noted this case involved 9 violations: trash and litter on the premises and right of way; untended vegetation on the premises and adjoining right of way; garbage and refuse on the ground around the dumpster; multiple businesses operating without business tax receipts, dumpster located on the swale area; a portion of the property used for parking without an approved hard surfaced parking area; and dumpster is not placed within an approved enclosure. The fine ran for 576 days for a total of $167,058.00, including costs. The Special Magistrate recommended an abatement of$16,705.80. Renee Jenkins, representing First United Bank of Boca Raton, noted the bank foreclosed on the property and moved as quickly as possible to correct the violations. Vice-Mayor Grace motioned to abate the lien to $16,705.80, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Commissioner Duke. The motion carried on the following 3-0 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,November 17,2011—6:00 p.m. I� Mayor Flury Yes 8. Consideration of the abatement request for Rene Morgenstein for property located at 4440 SW 28 Ter, Case # 09-2212 (Folio # 0229-14-0820) Attorney Ryan noted this case involved 6 violations: exterior of the surface is deteriorated and must be painted; trash and litter on the premises and adjoining rights of way; untended vegetation on the premises and adjoining rights of way; and a boat in the waterway without proper registration and tag. The fine ran for 349 days for a total of$52,604.00, including costs. The Special Magistrate recommended an abatement of$2,600.00. Vice-Mayor Grace motioned to abate the lien to $2,600.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Commissioner Duke. The motion carried on the following 3-0 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury Yes City Attorney Ansbro advised the attorney for Items #10-12 was stuck in traffic and asked the Commission to allow a few more minutes for him to arrive. 13. Approval of the settlement received for Ronald J Zielinski for property located at 1518 SW 2 Ave, Case# 98-0150 (Folio # 1203-10-3050) Attorney Ryan noted the City received $12,611.12 for the code case as settlement due to a tax deed sale. Commissioner Duke motioned to approve the settlement; seconded by Vice-Mayor Grace. The motion carried on the following 3-0 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury Yes 14. Approval of the settlement received for Jean Claude-Michel for property located at 716 SW 8 St, Case # 08-0380 (Folio # 1203-34-0530) Attorney Ryan noted the City received $3,641.00 as settlement due to foreclosure. Commissioner Duke motioned to approve the settlement; seconded by Vice-Mayor Grace. The motion carried on the following 3-0 Roll Call vote: Commissioner Duke Yes Vice-Mayor Grace Yes Mayor Flury Yes 10. Consideration of the abatement request for 2080 Griffin Holdings LLC for property located at 2080 Griffin Rd, Case # 10-0201 (Folio # 0233-08-0160) Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,November 17,2011 —6:00 p.m. 11. Consideration of the abatement request for 2080 Griffin Holdings LLC for property located at 2080 Griffin Rd, Case # 10-0257 (Folio # 0233-08-0160) 12. Consideration of the abatement request for 2080 Griffin Holdings LLC for property located at 2080 Griffin Rd, Case# 10-1075 (Folio # 0233-08-0160) The Commission continued Items#10-12 until the next Abatement Hearing. Nick Lupo, Code Compliance Manager, noted that the approved budget included a Program Modification to eliminate Special Magistrate Hearings. Mayor Flury commented that she wants to discuss Abatement Hearings before any significant changes are made. She said she is bothered with the Special Magistrate automatically abating all fines to 10% of the lien. Attorney Ryan noted sometimes the fines are higher than the value of the property; the other issue is if there is a prior recorded mortgage on the property. Mayor Flury questioned if the Special Magistrate was on the same level as the Commission in their desire for compliance, and the appearance of the City. Vice-Mayor Grace agreed that 10% is low, and perhaps this could be expressed to the Special Magistrate. Mayor Flury questioned why Code Compliance does not have a tickler file and follow-up on cases. Commissioner Duke noted Code Compliance and Attorney Ryan are doing a good job, however, we cannot dictate to the Special Magistrate how to assess fines. 4. Adjournment Mayor Flury adjourned the meeting at 6:46 p.m. ATTEST: CITY OF DANIA BEACH l LOUISE STILSON, CMC ��o — o''y PATRICIA A. FLURY CITY CLERK MAYOR Approved: December 13, 2011 Minutes of Abatement Hearing 6 Dania Beach City Commission Thursday,November 17,2011 —6:00 p.m.