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HomeMy WebLinkAboutMinutes of Meeting - Abatement Hearing - January 19, 2012 MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, JANUARY 19, 2012 — 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:07 p.m. 2. Roll Call Present: Mayor: Patricia A. Flury Vice-Mayor: Bobbie H. Grace Commissioners: Anne Castro C. K. "Mac" McElyea City Manager: Robert Baldwin City Attorney: Thomas J. Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Commissioner: Walter Duke 3. Abatement Requests 3.1 Consideration of the abatement request for My Darling LLC for property located at 4409 SW 60 Street (aka: Stirling Road), Case # 09-1864 (Folio # 0136-03-0140) (Continued from November 17, 2011) Attorney Ryan advised the case involved 13 violations: windows are secured shut; windows lack fully operable hardware; trash and litter on the premises; tall grass, weeds and brush on the property; property used for rental purposes without a Business Tax Receipt; the building was reconstructed or structurally altered without building and zoning approval; family residence is being used for a commercial business; and electrical work was performed and an air conditioning unit was installed or added 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. Eli Levy, 3230 Stirling Road, representing My Darling LLC, indicated the property owner is not very savvy. He said he currently works for the property owner and is in charge of taking care of the building. Mr. Levy commented that the contractor was amazed at the paperwork requested by the City to do the job, and how long it took to bring the site into compliance. A representative from Ramcon Corp, the contractor, noted that it took 10 months to get the permit and that the property owner spent $30,000.00 in fees to do the work. Mr. Levy noted that his client now understands the importance of code enforcement and compliance issues. Commissioner Castro motioned to abate the lien to $12,000.00, to be paid in 12 months; seconded by Commissioner McElyea. The motion carried on the following 3-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner McElyea Yes Mayor Flury No 3.2 Consideration of the abatement request for 2080 Griffin Holdings LLC for property located at 2080 Griffin Road, Case # 10-0201 (Folio # 0233-08-0160) (Continued from November 17, 2011) Attorney Ryan advised the case involved 4 violations: electrical wall signs were installed onto the building without building and zoning approval; the monument sign is in disrepair; and the electrical wall and monument signs were installed without the required building permits. The fine ran for 343 days for a total of $68,899.50, including costs. The Special Magistrate recommended an abatement of$7,000.00. 3.3 Consideration of the abatement request for 2080 Griffin Holdings LLC for property located at 2080 Griffin Road, Case # 10-0257 (Folio # 0233-08-0160) (Continued from November 17, 2011) Attorney Ryan advised the case involved 1 violation of renting property without a Business Tax Receipt. The fine ran for 441 days for a total of $44,100.00, including costs. The Special Magistrate recommended an abatement of$4,000.00. 3.4 Consideration of the abatement request for 2080 Griffin Holdings LLC for property located at 2080 Griffin Road, Case # 10-1075 (Folio # 0233-08-0160) (Continued from November 17, 2011) Attorney Ryan advised the case involved 2 violations: monument sign was demolished without building and zoning approval; and the monument sign was demolished without the required permits and inspections. The fine ran for 191 days for a total of $28,904.00, including costs. The Special Magistrate recommended an abatement of$3,000.00. Brian Weiner, representing 2080 Griffin Holdings, LLC, noted the previous owner was responsible for the violations. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,January 19,2012—6:00 p.m. Commissioner Castro motioned to abate the liens for Items 0.243.4 to $14,000.00, as recommended by the Special Magistrate, to be paid in 120 days; seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner McElyea Yes Mayor Flury Yes 3.5 Re-Consideration of the abatement request for Roberta H. Hansell for property located at 23 SW 3 Street, Case # 05-0213 (Folio # 1203-00-0310) Attorney Ryan noted this is a request for reconsideration of the October 22, 2009 Commission approved abatement for $4,151.71. The defendant was unable to pay and the case was sent back to the Special Magistrate for Authorization to Sue for Money Judgment. The defendant requested reconsideration for the previously approved abatement to be reinstated and allow payment. The Special Magistrate recommended the reconsideration and reinstatement of the $4,151.71. Attorney Ryan advised the case involved 6 violations: failure to place correct street address on a building; failure to clean and remove all untended weeds and/or plant life from the subject property; failure to remove all trash, garbage, litter or other debris and cut grass and/or weeds, trees, shrubs and hedges, including the abutting rights-of-way; failure to pressure clean or paint a building; and failure to repair or replace roof. The fine ran for 1,308 days for a total of $65,400.00, including costs. The Special Magistrate recommended an abatement of$2,500.00, plus costs of$1,651.71, for a total of$4,151.71. Commissioner Castro motioned to abate the lien to $4,151.71, as recommended by the Special Magistrate, to be paid in 30 days; seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner McElyea Yes Mayor Flury Yes 3.6 Consideration of the abatement request for Catherine Egholm & Thomas L. Ford III, for property located at 325 SE 4 Avenue, Case # 09-2113 (Folio # 1203-48-0560) Attorney Ryan advised the case involved 5 violations: vehicle with flat tires parked on the property; property is being used for rental purposes without a Business Tax Receipt; sidewalk abutting the property is broken and in disrepair; and the driveway was installed without the required permits and inspections. The fine ran for 458 days for a total of$68,958.00, including costs. The Special Magistrate recommended an abatement of$7,000.00, plus costs of$3,518.00 for sidewalk repairs, for a total of$10,518.00. Thomas Ford 325 SE 4t" Avenue, property owner noted that due to current economic conditions he and his family temporarily moved to Las Vegas; however, the house has never been rented. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,January 19,2012—6:00 p.m. Vice-Mayor Grace motioned to abate the lien to $6,018.00; to be paid as follows: $2,500.00 in 60 days and $3,518.00 in monthly payments; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner McElyea Yes Mayor Flury Yes 3.7 Consideration of the abatement request for JP Morgan Chase Bank NA for property located at 701 SW 1 Street, Case # 10-1858 (Folio # 0234-05-0090) Attorney Ryan advised the case involved 10 violations: exterior door is broken; windows are not fitted with screens; there is an open electrical socket on the exterior of the building; rain gutter is broken; exterior buildingsurface is deteriorated and needs painting; trash and litter on the p g premises and abutting rights-of-way; trees on the property have foliage extending less than 8 feet above the sidewalk and less that 14 feet above street level; sidewalk is broken; and windows were installed without permits. The first part of the fine ran for 245 days for a total of $61,250.00; the second part of the fine ran for 215 days for a total of $53,375.00. The grand total for both is $115,271.00, including costs. The Special Magistrate recommended an abatement of$57,375.00. Alexander Blanco, 2655 Le Jeune Road, Suite #300, Coral Gables, on behalf of JP Morgan, noted the property is in foreclosure. He advised that the property has a purchaser for $80,000.00. Attorney Blanco requested a reduction of the fine considering there was perpetual vandalism on the property. Vice-Mayor Grace motioned to abate the lien to $57,375.00, as recommended by the Special Magistrate, to be paid in 30 days; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner McElyea Yes Mayor Flury Yes 3.8 Approval of the settlement received for James Ramnanan for property located at 2621 SW 49 Court, Case # 10-1452 (Folio # 0232-02-0266) Attorney Ryan noted the City received $2,400.00 for the code case, $100.00 for the Special Magistrate, and $400.00 for the nuisance abatement work done by the City, totaling $2,900.00 as settlement due to foreclosure. Commissioner Castro motioned to approve the settlement; seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner McElyea Yes Mayor Flury Yes Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,January 19,2012—6:00 p.m. 3.9 Approval of the release of lien for Brian D. Silver for property located at 104 SE 4 Terrace, Case# 07-1624 (Folio # 1203-56-0030) Attorney Ryan noted this is a request to approve the release of lien as requested by the City Attorney and City Administration. Commissioner Castro motioned to approve the release of lien; seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner McElyea Yes Mayor Flury Yes Vice-Mayor Grace talked about eliminating the abatement hearings. She noted this process is obsolete and very few cities are doing it. City Attorney Ansbro noted this matter was discussed at a previous meeting, however there was a 3-2 vote to keep the abatement hearings. He stated that Commissioner Duke is not present at tonight's meeting and he would prefer to have a full Commission to vote on this issue. Mayor Flury and Commissioner McElyea commented they would like to continue with the abatement hearings. Vice-Mayor Grace will bring this issue for consideration at the next meeting. 4. Adjournment Mayor Flury adjourned the meeting at 6:58 p.m. ATTEST: CITY OF DANIA BEACH �/ 1 aRD'S w�gY LOUISE STILSON, CMC _ c°'� PATRICIA A. FLURY CITY CLERK MAYOR Approved: February 14, 2012k .y Minutes of Abatement Hearing 5 Dania Beach City Commission Thursday,January 19,2012—6:00 p.m.