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Home My WebLink AboutMinutes of Meeting - Abatement Hearing - March 5, 2014 MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING WEDNESDAY, MARCH 5, 2014 — 5:00 P.M. 1. Call to Order Mayor Duke called the meeting to order at 5:18 p.m. 2. Roll Call Present: Mayor: Walter B. Duke, III Commissioners: Bobbie H. Grace Albert C. Jones Asst. City Manager: Colin Donnelly City Clerk: Louise Stilson Code Attorney: Tim Ryan Absent: Vice-Mayor: Chickie Brandimarte City Attorney: Thomas J. Ansbro 3. Abatement Requests 3.1 Abatement request from Cookies & Crackers for property located at 730 SW 7 Street; Case# 10-0702 and Case#11-1606 (Folio# 1203-34-0590) Attorney Ryan noted this involves 2 cases; the first was cited under the previous owner for 5 violations. The fine ran for 517 days for a total of$103,400.00, plus recording/admin fees of $262.50. The City received a check from Broward County for surplus proceeds from the tax deed sale in the amount of $1,525.20, resulting in a balance of $102,137.30. The Special Magistrate recommends abatement of the fine to $23,000.00. The second case was for 9 violations: violations 1-6 ran for 612 days for a total of$153,000.00; violations 7-9 ran for 560 days for a total of$140,000.00; plus recording/admin fees of$254.00. The total of all fines is $293,254.00. The Special Magistrate recommends abatement of the fine to $16,000.00. Staff recommends abatement to $146,627.00. Commissioner Grace motioned to abate the 2 liens to$169,627.00, as recommended by staff, to be paid within six months; seconded by Commissioner Jones. The motion carried unanimously. 3.2 Abatement request from Dania Investments Inc., c/o Realty Group Construction LLC, for property located at 321 N. Federal Highway; Case # 11-0629 (Folio # 0234-06- 0740) Attorney Ryan noted this case involved 8 violations that ran for 663 days resulting in a fine of $132,600.00, plus recording/admin fees of $271.50. The Special Magistrate recommends abatement of the fine to $13,260.00. Peter Solnick, representing Realty Construction Group, requested the Commission reduce the lien by an additional 5%. Commissioner Grace motioned to abate the lien to $10,000.00, to be paid in 30 days; seconded by Commissioner Jones. The motion carried unanimously. 3.3 Abatement request from Jennifer A. Etsubneh for property located at 4613 SW 33 Avenue; Case# 11-0818 (Folio# 0230-10-0070) Attorney Ryan noted this case involved 3 violations that ran for 233 days resulting in a fine of $34,950.00, plus recording/admin fees of $254.00. The Special Magistrate recommends abatement of the fine to $1,500.00. Commissioner Grace motioned to abate the lien to $1,500.00, as recommended by the Special Magistrate, to be paid in 60 days; seconded by Commissioner Jones. The motion carried unanimously. 3.4 Abatement request from GFA Manufacturer LLC for property located at 711 SW 10 Street; Case# 11-1105 (Folio# 1203-34-0060) Attorney Ryan noted this case involved 8 violations that ran for 624 days resulting in a fine of $93,600.00, plus recording/admin fees of $254.00. The Special Magistrate recommends abatement of the fine to $10,000.00. Commissioner Grace motioned to abate the lien to $10,000.00, as recommended by the Special Magistrate, to be paid in 60 days; seconded by Commissioner Jones. The motion carried unanimously. 3.5 Abatement request from Lawrence Marfechuck Est, c/o ZRL LLC, for property located at 1057 SE 6 Avenue; Case# 11-1804 (Folio # 1202-07-0330) Attorney Ryan noted this case involved 2 violations: violation#1 ran for 625 days resulting in a fine of $156,250.00, plus recording/admin fees of $254.00; violation #2 ran for 605 days resulting in a fine of $90,750.00. The total for both violations is $247,254.00. The Special Magistrate recommends abatement of the fine to $10,000.00. The property owner said they bought it in foreclosure, and corrected the violations right away. Minutes of Abatement Hearing 2 Dania Beach City Commission Wednesday,March 5,2014—5:00 p.m. Commissioner Grace motioned to abate the lien to $10,000.00, as recommended by the Special Magistrate, to be paid in 60 days; seconded by Commissioner Jones. The motion carried unanimously. 3.6 Abatement request from Kristen Burke for property located at 43 SW 13 Street; Case #2012-1101 (Folio# 1203-10-6070) Attorney Ryan noted this case involved 4 violations that ran for 324 days resulting in a fine of $48,600.00, plus recording/admin fees of $254.00. The Special Magistrate recommends abatement of the fine to $4,000.00. Kristen Burke,property owner, said the problem with the garbage comes from the rental property behind her. She noted her house is in foreclosure. Commissioner Grace motioned to abate the lien to $500.00, to be paid in 30 days; seconded by Commissioner Jones. The motion carried unanimously. 3.7 Abatement request from Eytan Malka for property located at 5170 SW 40 Avenue, #29-E; Case#2013-0054 (Folio# 023 1-AD-0 180) Attorney Ryan noted this case involved 1 violation that ran for 76 days resulting in a fine of $15,200.00, plus recording/admin fees of $279.00. The Special Magistrate recommends abatement of the fine to $5,000.00. Daniel Carussi, attorney for the property owner, noted they asked the Special Magistrate to abate the fine to 5%; and this is a hardship case. 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 Commissioner Jones. The motion carried unanimously. 3.8 Approval of the settlement agreement received for Daniel A & Marlene Manter & Danny S Maiden for property located at 120 SE 2 Avenue, Case # 07-2225 (Folio # 0234-18-0060) for$5,500.00 due to foreclosure Commissioner Jones motioned to approve the settlement agreement; seconded by Commissioner Grace. The motion carried unanimously. 3.9 Approval of the settlement received for Robert Slattery for property located at 615 NW 8 Street,Case# 09-1253 (Folio#0234-25-0510) for$6,000.00 due to foreclosure Commissioner Grace motioned to approve the settlement agreement; seconded by Commissioner Jones. The motion carried unanimously. Minutes of Abatement Hearing 3 Dania Beach City Commission Wednesday,March 5,2014—5:00 p.m. 3.10 Approval of the settlement received for Kwok Keung Lai (Case #10-0434) and Chase Home Finance LLC (Case #10-1740) for property located at 2330 SW 44 Street (Folio#0229-01-1472) for$13,060.00 due to foreclosure Commissioner Grace motioned to approve the settlement agreement; seconded by Commissioner Jones. The motion carried unanimously. 3.11 Approval of the settlement received for Kim F. Boocher and Timothy Boocher for property located at 203 SE 5 Street, Case #10-0701 (Folio #1203-55-0190) for $6,000.00 due to foreclosure Commissioner Jones motioned to approve the settlement agreement; seconded by Commissioner Grace. The motion carried unanimously. 3.12 Approval of the settlement received for Kenneth & Edith Crews for property located at 32 SE 4 Street, Case #10-0756 (Folio #1203-17-0110) for $8,500.00 due to foreclosure Commissioner Jones motioned to approve the settlement agreement; seconded by Commissioner Grace. The motion carried unanimously. 3.13 Approval of the settlement received for Carlos V. Sanchez & Graham Sanchez for property located at 4172 SW 51 Street, Case #2012-1139 (Folio #0 13 6-02-03 10) for $2,500.00 due to foreclosure Commissioner Jones motioned to approve the settlement agreement; seconded by Commissioner Grace. The motion carried unanimously. 4. Adj ournment Mayor Duke adjourned the meeting at 5:50 p.m. ATTEST: CITY OF IA BEACH LOUISE STILSON, CMC WALTEA B. DUKE,III CITY CLERK MAYOR Approved: March 25, 2014 , Minutes of Abatement Hearing 4 Dania Beach City Commission Wednesday,March 5,2014—5:00 p.m.