Broward County Commission Regular Meeting


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AI-23702 4.       
Meeting Date: 02/07/2017  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Information
Requested Action
MOTION TO AUTHORIZE Office of the County Attorney to enter into a Joint Motion for Agreed Final Order in the case of Broward County v. 5551 NW 9th AVENUE 1-5, LLC, NOV16-0030.

ACTION:  (T-10:26 AM)  Approved.

VOTE:  8-0.  Vice Mayor Furr was not present.
Why Action is Necessary
Section 1-51.3(E)(2) of the Broward County Code of Ordinances requires Board approval before any claim in excess of $15,000 may be settled on behalf of Broward County.
What Action Accomplishes
Approval allows settlement of this claim.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
This agenda item is a motion to authorize the Office of the County Attorney to enter into a proposed Agreed Final Order with 5551 NW 9th AVENUE 1-5, LLC ("Respondent"), to resolve multiple violations of Chapter 27 of the Broward County Code of Ordinances regulating air quality and containment of asbestos. The violations relate to the Respondent's failure to submit a completed Statement of Responsibilities Regarding Asbestos at least ten (10) working days prior to initiation of work for a building demolition project; failure to submit to the Environmental Protection and Growth Management Department ("EPGMD") an original Notice of Asbestos Renovation or Demolition form and an asbestos survey at least ten (10) working days prior to commencement of building demolition; and failure to thoroughly inspect the facility for the presence of asbestos-containing material prior to demolition. The demolition project was located at 5570 NW 10th Terrace, Fort Lauderdale, Florida 33309.
 
Under the terms of the Agreed Final Order, the Respondent agrees to pay a civil penalty in the amount of $20,500, a Notice of Demolition or Asbestos Renovation fee of $250, a Statement of Responsibilities fee of $50, and administrative costs of $300 for a total of $21,100 within 30 days from the date the Agreed Final Order is rendered in EPGMD's files. 

EPGMD concurs with and recommends approval of the proposed Agreed Final Order.
 
If authorized by the Board, the Joint Motion for Agreed Final Order will be signed by the Office of the County Attorney and submitted to the Hearing Examiner for consideration.
Source of Additional Information
Benjamin D. Crego, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Not applicable.
Attachments
Exhibit 1 - Copy of Joint Motion for Agreed Final Order


    

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