The URL can be used to link to this page

Home My WebLink AboutMinutes of Meeting - Abatement Hearing - March 15, 2012 MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MARCH 15, 2012 — 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:03 p.m. 2. Roll Call Present: Mayor: Patricia A. Flury Vice-Mayor: C. K. "Mac" McElyea Commissioner: Anne Castro City Manager: Robert Baldwin City Attorney: Thomas J. Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Commissioners: Walter Duke Bobbie H. Grace 3. Abatement Requests 3.1 Reconsideration of the abatement request for My Darling LLC for property located at 4433 Stirling Road (aka SW 60 Street), Case #07-2287 (Folio #0136-03-0160) Vice-Mayor McElyea motioned to reconsider the abatement request; seconded by Commissioner Castro. The motion carried unanimously. Attorney Ryan noted at the March 18, 2010 Abatement hearing,the City Commission abated the lien to $28,000.00, payable in 60 days, or the fine would revert back to the original amount of $56,891.00. On February 2, 2012, the Special Magistrate authorized foreclosure, with a hold of 90 days to allow the respondent to seek reconsideration of the abatement request from the City Commission, with the same recommendation previously made. Vice-Mayor McElyea motioned to abate the lien to $28,000.00, as recommended by the Special Magistrate, seconded by Commissioner Castro. Commissioner Castro amended the motion to $17,000.00, to be paid in 90 days; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Mayor Flury Yes 3.2 Consideration of the abatement request for Haralambides Properties LLLP & Hermitage Partners LLC for property located at 215 SW 12 Street, Case #07-1976 (Folio #1203-11-0010) Attorney Ryan noted cases #3.2 and #3.3 involved violations for damaged or deteriorated windows and doors; fence in disrepair; building exterior is deteriorated and needs to be painted; vehicles parked on non-approved surfaces; trash, litter, and untended vegetation on the premises and adjoining rights-of-way; property used for rental purposes without an occupational license; and a structure on the property was altered without building and zoning approval or permits. The fine on the first case ran for 603 days for a total of$90,608.00, including a $158.00 recording fee. The Special Magistrate recommended an abatement of$22,612.50. The second case also ran for 603 days for a total of$90,608.00, including a $158.00 recording fee. The Special Magistrate also recommended an abatement of$22,612.50 for the second case. Commissioner Castro motioned to abate the lien to $12,000.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Mayor Flury Yes 3.3 Consideration of the abatement request for Haralambides Properties LLLP & Hermitage Partners LLC for property located at 209 SW 12 Street, Case #07-1976 (Folio #1203-10-2500) Commissioner Castro motioned to abate the lien to $7,000.00, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Mayor Flury Yes 3.4 Consideration of the abatement request for Jason T. Capozziello & Scott Kistner, Etal, for property located at 2320 Anchor Court #2801, Case #09-0148 (Folio #0232-AB- 1910) Attorney Ryan noted this case is for a violation of renting property without a business tax receipt. The fine ran for 99 days for a total of$10,162.50, including a recording fee of $262.50. The Special Magistrate recommended an abatement of$1,500.00. Commissioner Castro motioned to abate the lien to $1,500.00, as recommended by the Special Magistrate, to be paid in 6 months; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,March 15,2012—6:00 p.m. Commissioner Castro Yes Vice-Mayor McElyea Yes y y Mayor Flury Yes 3.5 Consideration of the abatement request fro New Horizon Counseling Center for property located at 721 SW 12 Avenue, Case#10-1012 (Folio #1203-34-0420) Attorney Ryan noted this case involved 8 violations for fence in disrepair; front and back doors in disrepair and missing hardware; building exterior is deteriorated and needs painting; trash, litter and untended vegetation on the premises and adjoining rights-or-way; garbage cart placed in the front yard after the day of collection; and the building is a nuisance since it is not secure from entry by vagrants. The fine ran for 333 days for a total of$83,521.00, including a $271.00 recording fee. The Special Magistrate recommended an abatement of$7,500.00. Commissioner Castro motioned to abate the lien to $7,500.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Mayor Flury Yes 3.6 Consideration of the abatement request for Stanley Warren Rev. Trust, F. Zorovich, & C. Gillam (aka, C. Benz) for property located at 1921 Stirling Road, Case #06- 1234 (Folio #0233-28-0020) 3.7 Consideration of the abatement request for Stanley Warren Rev. Trust, F. Zorovich, & C. Gillam (aka, C. Benz) for property located at 1921 Stirling Road, Case #07- 0902 (Folio #0233-28-0020) Attorney Ryan noted the first case involved a violation for operating an adult entertainment establishment outside of the approved zoning district. The fine ran for 702 days for at total of $175,683.50, including recording and administration fees of $183.50. The Special Magistrate recommended a stipulated abatement of$15,000.00. He noted a negotiated settlement has been discussed with the attorney for the property owner. Attorney Ryan noted the second case involved violations of operating a business without an occupational license; building exterior nuisances and drainage issues; interior building had been altered without permits or approvals; and signs were installed without permits or inspections. The fine ran for 415 days for a total of$83,234.50, including recording and administration fees of $234.50. The Special Magistrate recommended a stipulated abatement of the fine incorporated with Case #06-1234, as the City has received $35,000.00 from the previous tenant of the site. Attorney Ryan recommended a$15,000 settlement. Commissioner Castro motioned to abate the lien to $15,000.00, as recommended by Attorney Ryan, to be paid in 90 days, and any fully recovered funds would go back to the Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,March 15,2012—6:00 p.m. defendant; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Mayor Flury Yes Addendum 3.8 Proposed Settlement Agreement between the City and Wells Fargo Bank for release of a code enforcement lien (09-1823) against property at 509 NW 3rd Terrace and the City's purchase of the property for $5,000.00 Attorney Ryan noted the bank foreclosed on the property, which has never been brought into compliance. The City will purchase the property for $5,000.00; release the liens; make repairs of $15,000.00-$20,000.00 to make it habitable; then sell the property. He indicated the City should receive $75,000.00 after it is fixed up. Commissioner Castro motioned to approve the settlement agreement with Wells Fargo Bank, as recommended by Attorney Ryan; seconded by Vice-Mayor McElyea. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Mayor Flury Yes 4. Adjournment Mayor Flury adjourned the meeting at 6:33 p.m. ATTEST: CITY OF DANIA BEACH r. LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR Approved: April 10, 2012 .jrt . z Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday, March 15,2012—6:00 p.m.