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Home My WebLink About2013-05-16 Abatement Hearing City Commission Meeting Minutes MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 16, 2013 — 6:00 P.M. 1. Call to Order Mayor Duke called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Walter B. Duke, III Vice-Mayor: Albert C. Jones Commissioners: Chickie Brandimarte Patricia A. Flury Bobbie H. Grace City Manager: Robert Baldwin City Attorney:: Thomas J. Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Consideration of the abatement request for Alon Elbaz, for property located at 2456 SW 58 Manor, Case 411-1390 (Folio 40232-25-0030) Attorney Ryan noted this case involved 2 violations: property being used for rental purposes without a Business Tax Receipt, and a tree with foliage extending less than fourteen feet above the street level. The fine ran for 423 days for a total of$63,704.00, including recording/admin fees of$254.00. The Special Magistrate recommended an abatement of$3,000.00. Michael Fishler, representing Mr. Elbaz, noted his client agrees to the abatement and requested 90 days to pay the $3,000.00. Commissioner Grace motioned to abate the lien to $3,000.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Commissioner Brandimarte. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Yes 3.2 Consideration of the abatement request for Robert Perlberg, for property located at 235 NE 2 Place, Case#11-1201 (Folio #0234-08-0090) Attorney Ryan noted this case involved 7 violations: garbage cart in front yard after the day of collection; engaging in a business without a Business Tax Receipt; foliage extending less than 8 feet above the sidewalk; and beginning construction without a permit. The fine ran for 378 days for a total of $56,954.00, including recording/admin fees of $254.00. The Special Magistrate recommended an abatement of$3,000.00. Vice-Mayor Jones motioned to abate the lien to $3,000.00, as recommended by the Special Magistrate, to be paid in 30 days; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Yes 3.3 Consideration of the abatement request for Vandrea & Kirk White, for property located at 4710 SW 34 Terrace, Case#09-2029 (Folio#0230-04-0080) Attorney Ryan noted this case involved 8 violations: aluminum frames missing from canopy covers; debris in the front yard; garbage container stored in the front yard after collection date; property used for rental property without a Business Tax Receipt; and street numbers not displayed on the front of the house. The fine ran for 1,108 days for a total of $221,858.00, including recording/admin fees of$258.00. The Special Magistrate recommended an abatement of$5,000.00. Linda Mannix Burt, Re/Max Preferred Realty in Ft. Lauderdale, said she has a contract on the property for $259,000.00; however the payoff note from the bank is $775,083.85. The abatement will be paid by the buyer who has agreed to pay the $5,000.00. Commissioner Grace motioned to abate the lien to $5,000.00, as recommended by the Special Magistrate, to be paid in 30 days; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Yes 3.4 Approval of the settlement received for Maria M. Ortiz for property located at 692 SW 7 Terrace, Case#s 08-0582 & 09-1685 (Folio #1203-35-0110) Attorney Ryan noted the City received $5,790.00 as settlement for the fines, and $1,970.70 for nuisance abatement liens for a total of$7,760.70 due to foreclosure. Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,May 16,2013—6:00 p.m. Vice-Mayor Jones motioned to approve the settlement, as recommended by Attorney Ryan; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Yes 3.5 Approval of the settlement received for James Raymer for property located at 270 SW 9 Street, Case#09-1367 (Folio #1203-41-0240) AttorneyRan noted the City received $4 000.00 as settlement for the fines and 1 878.58 for Y tY $ nuisance abatement liens for a total of$5,878.58 due to foreclosure. Vice-Mayor Jones motioned to approve the settlement, as recommended by Attorney Ryan; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Yes 3.6 Approval of the settlement received for Jacob Stewart Wendel & Nadia Wendel for property located at 4389 SW 52 Street, Case#09-1677 (Folio 40136-02-0650) Attorney Ryan noted the City received $5,000.00 as settlement for the fines due to foreclosure. Commissioner Grace motioned to approve the settlement, as recommended by Attorney Ryan; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Jones Yes Commissioner Flury Yes Mayor Duke Yes Commissioner Grace Yes City Attorney Ansbro reminded the Commission that these abatement hearings could be presented at a regular Commission meeting. Commissioner Flury preferred to keep Abatement Hearings separate from Commission Meetings. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,May 16,2013—6:00 p.m. 4. Adjournment Mayor Duke adjourned the meeting at 6:22 p.m. ATTEST: CITY O ANIA BEACH aKJ LOUISE STILSON, CMC WA ER B. DUKE, III CITY CLERK MAYOR Approved: May 28, 2013 1 Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,May 16,2013—6:00 p.m.