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Home My WebLink AboutMinutes of Abatement Hearing - September 3, 2014 MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING WEDNESDAY, SEPTEMBER 3, 2014 — 5:00 P.M. 1. Call to Order Mayor Duke called the meeting to order at 5:02 p.m. 2. Roll Call Present: Mayor: Walter B. Duke, III Vice-Mayor: Chickie Brandimarte Commissioners: Bobbie H. Grace Albert C. Jones City Manager: Robert Baldwin City Attorney: Thomas J. Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Abatement Request from Irwin Seeman for property located at 2948 SW 54 Street, Case#07-1457 (Folio#0243-16-3950) Attorney Ryan noted this case involved 2 violations for construction work performed without a building permit. The fine ran for 2,325 days for a total of $348,891.00, including recording/admin fees. Total out of pocket costs to the City are $2,000.00. The Special Magistrate recommends abatement to $34,000.00. Attorney Stephen Straley, 2699 Stirling Road, Ft. Lauderdale, reviewed the history of the case. He noted there was a personal family hardship, and that the permits were not closed out when the work was completed. Commissioner Grace motioned to abate the lien to $7,000.00, to be paid in 14 days; seconded by Commissioner Jones. The motion carried unanimously. 3.2 Abatement Request from Timothy Ivey for property located at 126 NW 5 Avenue, Case#11-0161 (Folio #0234-01-1250) Attorney Ryan noted this case involved one violation for continuing construction of a building with an expired permit. The fine ran for 550 days for a total of $82,788.00, including recording/admin fees. The out of pocket costs to the City are $1,500.00. The Special Magistrate recommends abatement to $4,139.00. Commissioner Grace motioned to abate the lien to $1,500.00; seconded by Commissioner Jones. Timothy Ivey, 126 NW 5 h Avenue, said the builder took him for a ride. Commissioner Jones made a substitute motion to abate the lien to $500.00, to be paid in 30 days; seconded by Commissioner Grace. The motion carried unanimously. 3.3 Abatement Request from AJM Capital LLC (former owner TS Property Management) for property located at NW 5 Avenue (Vacant Lot), Case #2012-1092 (Folio#0234-01-0330) Attorney Ryan noted this case involved 2 violations: trash, litter and untended vegetation on the property and adjoining rights of way. The fine ran for 464 days for a total of $69,854.00, including recording/admin fees; there is also a Public Service Abatement Lien on the property for approximately $565.00. The out of pocket costs to the City are $1,500.00. The Special Magistrate recommends abatement to $7,000.00. Brandon Eckelston, representing AJM Capital LLC stated this is a vacant lot, and comps of recent sales estimate the value of the property to be $7,675.00. Attorney Ryan noted the appraised value of the property is $17,000.00. Commissioner Grace motioned to abate the lien to $2,500.00, to be paid in 60 days; seconded by Commissioner Jones. The motion carried unanimously. 3.4 Abatement Request from Santiago Alvarez (former owner Ramon & Vivian Garcia) for property located at SW 47 Court (Vacant Lot), Case#2013-0055 (Folio #0230-07- 0440) Attorney Ryan noted this case involved a repeat violation for untended vegetation, trash and debris on the property and abutting right of way. The fine ran for 448 days for a total of $44,982.00, including recording/admin fees. The out of pocket costs to the City are $2,000.00. The Special Magistrate recommends abatement to $4,500.00. Attorney Christopher Spuches, Ehrenstein Charbonneau Calderin, 501 Brickell Key Drive, Miami, representing the property owner, explained it was recorded in the wrong county, and because of a contentious divorce, the notice was not delivered to the owner. He requested a reduction to $500.00. Minutes of Abatement Hearing 2 Dania Beach City Commission Wednesday, September 3,2014—5:00 p.m. Commissioner Jones motioned to abate the lien to $4,500.00, as recommended by the Special Magistrate, to be paid in 90 days; seconded by Vice-Chairman Brandimarte. The motion carried unanimously. 3.5 Abatement Request from Waterfront809 LLC (former owner Wells Fargo) for property located at 809 NW 13 Avenue, Case#2013-1132 (Folio #0233-21-0080) Attorney Ryan noted this case involved 6 violations: roof in disrepair, hole in the soffit, breaks in the surface of the driveway, trash and litter on the property and adjoining right of way, and untended vegetation on the property and abutting rights of way. The fine ran for 213 days for a total of $42,954.00, including recording/admin fees. The out of pocket costs to the City are $1,500.00. The Special Magistrate recommends abatement to $3,500.00. Scott Colony, 1710 SE 10th Street, Ft. Lauderdale, representing Waterfront809 LLC, stated they purchased the property from Wells Fargo and have invested $150,000.00 in the property. He requested a further reduction of the fine because they went over budget on the property. They expect to double their costs on the sale of the property. Commissioner Grace motioned to abate the lien to $3,500.00, plus City costs of $1,500.00 for a total of $5,000.00, to be paid in 60 days; seconded by Commissioner Jones. The motion carried unanimously. 3.6 Approval of the settlement received for Michelle & Darryl Wilcox for property located at 141 NW 4 Avenue, Cases #07-0181, #08-0566, and #10-0796 (Folio #0234-01-1180) for $3,800.00 due to foreclosure Commissioner Grace motioned to approve the settlement agreement; seconded by Commissioner Jones. The motion carried unanimously. 3.7 Approval of the settlement received for James Nanan for property located at 129 NW 14 Way, Cases #07-0942 & #09-2306 (Folio #233-12-0080) for $4,000.00 due to foreclosure Commissioner Grace motioned to approve the settlement agreement; seconded by Commissioner Jones. The motion carried unanimously. 3.8 Approval of the settlement received for Teekoy Properties LLC for property located at 4764 SW 34 Terrace, Cases #09-0329 & #10-0101 (Folio #0230-04-0040) for $6,000.00 due to foreclosure Commissioner Jones motioned to approve the settlement agreement; seconded by Commissioner Grace. The motion carried unanimously. Minutes of Abatement Hearing 3 Dania Beach City Commission Wednesday, September 3,2014—5:00 p.m. 4. Adjournment Mayor Duke adjourned the meeting at 5:30 p.m. ATTEST: CITY F ANIA BEACH � ARDIS LOUISE STILSON, CMC _ o, ALTER B. DUKE, III CITY CLERK ` MAYOR l; Approved: September 23, 2014 ti Minutes of Abatement Hearing 4 Dania Beach City Commission Wednesday, September 3,2014—5:00 p.m.