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08/27/2008 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 27, 2008 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Richard Avichouser Board Member David W. Campbell Board Member Ronald V. Daniels Board Member Phillip J. Locke Board Member James B. Goins Board Member Also Present: Camilo Soto Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board The Chair called the meeting to order at 3:00 p.m. at City Hall, followed by the Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty days of the execution of the order. Florida Statute 286.0108 requires any party appealing a decision of this Board to have a record of the proceedings. 2. PUBLIC HEARINGS 2.1 Case 44-07 – Cont’d from 1/23/08, 4/23/08, 5/28/08 Nickel Plate Properties, Inc. (Status Report) 2165 Gulf-to-Bay Boulevard Public Nuisance/ Buildings/Lot Clearing/Unmaintained r-o-w – Franco Attorney Marian Hale, representing Nickel Plate Properties, gave a status report. She reported of the 72 mobile homes that remain, 56 are owned by former residents and 16 by Nickel Plate Properties. Nickel Plate Properties hopes to obtain title to the 56 homes within the next couple of months. She noted a lawsuit has been filed in federal court; however, no action will be stopped based on that litigation. In response to a question, Ms Hale said the County requires an asbestos survey before anything can be done with the homes and it should take 2-3 weeks for the 16 owned by Nickel Plate Properties to go through the process. She said the park is looking better and the grass is being maintained. Another status report will be presented in two months. Code Enforcement – 2008-08-27 1 2.2 Case 21-08 – Cont’d from 6/25/08 Joseph Nowak Diane Nowak 1259 Fruitland Avenue Development Code Violation – Shed location – Franco Attorney Camilo Soto noted this case was heard at the June 25, 2008 meeting, and was continued to allow Mrs. Nowak the opportunity to meet with staff to see if there was a process that would provide a mechanism that would allow the shed to remain in its current location. However, staff has determined there is no process available to allow the shed to remain. Attorney Soto said the shed needs to be brought into compliance. Diane Nowak indicated it would cost $6800 to tear down the shed. She said she sent staff photos of other sheds in the neighborhood that she felt encroached into the setbacks. Mr. Soto said staff has received her package and will be investigating those sheds to determine if they are in violation. Board Attorney Salzman said the other sheds are not relevant to this case and that the Board should conclude the presentation and render an Order. Inspector Peggy Franco said her recommendation was to bring the property into compliance within 45 days or a fine of $150 per day be imposed. Attorney Soto submitted the PowerPoint presentation presented at the June 25, 2008 meeting as an exhibit. Ms. Nowak stated that City staff had visited her property and saw where the shed was to be located; however, did not indicate to her that it would be in violation. Attorney Soto said the inspector visited her property solely to measure the square footage of the structure to determine if a building permit was necessary. Ms. Nowak felt the inspector could have told her at that time that the shed would encroach into the setbacks. She believed he had the knowledge to do so. Board Attorney Salzman said Ms. Nowak could have cause of action against the City which could result in an estoppel and damages. However, the issue for the Board today is to determine whether a violation exists and what mitigating factors to consider in determining how long it would take to rectify. In response to a question, Mr. Salzman said any action taken against the City would not stop the Board’s action from going forward. He noted, if the Board determines a violation exists, the City cannot be forced to not enforce its code and be sued and have damages as a result. Discussion ensued and concern was expressed that staff had seen the shed in its preliminary phases of construction and Mrs. Nowak was not informed at that time it would encroach into the setbacks. It was felt there was some confusion with the Building Department and that Mrs. Nowak had good intentions to do things correctly and now has to do away with the shed at great expense to her. Discussion ensued in regard to the amount of the fine and the Board Attorney said the Board could levy any amount they wanted. Code Enforcement – 2008-08-27 2 Member Locke moved that this case came before the City of Clearwater Code Enforcement Board on June 25, 2008 and August 27, 2008, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident a shed has been located within the side and rear setback area. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) Article 2, Division 2, Section 1-104.B as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) shall comply with said Section(s) of the City of Clearwater Code by November 27, 2008. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $1.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Peggy Franco, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails to comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. Any aggrieved party may appeal a final administrative Order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the Order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. The motion was duly seconded and carried unanimously. 2.3 Case 26-08 – Cont’d from 7/23/08 Chitranee-B Inc. 845 Mandalay Avenue Residential Grass Parking – Landscaping – Brown This case was withdrawn by staff prior to the meeting. Code Enforcement – 2008-08-27 3 Case 27-08 2.4 Eva Kritikos Aldo Degan 729 Mandalay Avenue Sight Visibility Triangle – Brown This case was withdrawn by staff prior to the meeting. 2.5 Case 28-08 Lena Zakrevsky 410 Palm Island SE Exterior Storage – Brown This case was withdrawn by staff prior to the meeting. 3. UNFINISHED BUSINESS 3.1 Case 30-07 – Affidavit of Compliance Leeward J. Bean Catherine K Bean 1611 Maple Street Signage w/o Permits, Vehicle Signs - Weaver 3.2 Case 33-07 – Affidavit of Compliance Clearwater Village Sue & David Minkoff Tre 708 Chestnut Street Windows – DeBord 3.3 Case 38-07 – Affidavit of Compliance Hearst Communications Inc. 301 S Myrtle Avenue Exterior Surfaces, Windows – DeBord 3.4 Case 01-08 – Affidavit of Compliance O’Keefes Inc. 510 Grand Central Avenue Grass Parking, Landscaping – Ruud 3.5 Case 02-08 – Affidavit of Compliance G Anthony DuQuesnay 1206 Hamlet Avenue Grass Parking, Landscaping – Ruud 3.6 Case 16-08 – Affidavit of Compliance Cheryl Woodruff 710 Ruskin Rd Public Nuisance – Phillips Code Enforcement – 2008-08-27 4 3.7 Case 20-08 – Affidavit of Compliance Robert Anthony Meghan Siragusa 1367 Michigan Avenue S Residential Grass Parking – Ruud 3.8 Case 23-08 – Affidavit of Compliance Frederick A. Singletary 1349 N. Highland Avenue Outdoor Display, Storage, Exterior Storage, Nuisances – O’Neil 3.9 Case 16-08 – Affidavit of Non-Compliance Cheryl Woodruff 710 Ruskin Rd Exterior Surfaces – Phillips Member Keyes moved to accept the Affidavits of Compliance and the Affidavit of Non- Compliance and issue the Order imposing the fine. The motion was duly seconded and carried unanimously. 4. OTHER BOARD ACTION/DISCUSSION 4.1 Case 27-07 – Request for Fine Reduction Home Energy, LLC/Colonial Bank 415 Island Way Public Nuisance – Brown (Fine - $86,000 as of 8/13/08) Mark Klein, representing Colonial Bank, said Colonial Bank acquired this property through a foreclosure action against the previous owner. He said the bank brought the property into compliance as soon as they learned of the violation. Inspector Shelby Brown reviewed the prior violation indicating the property is a large vacant lot. She said staff did not object to a reduction. It was noted the administrative fees total $1,093.75. Member Daniels moved that the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing on August 27, 2008, and based on the evidence presented enters the following: After considering the request for reduction of fine filed by the Respondent and considering the Affidavit of Compliance issued by Inspector Shelby Brown, it is evident that a reduction in fine is appropriate in the above-referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated November 8, 2007, as recorded in O.R. Book 16047, Pages 2374-2379, of the public records of Pinellas County, Florida, is hereby reduced from $86,000 to administrative costs of $1,093.75payable to the Petitioner within 30 days from the date this Order is sent certified mail. Code Enforcement – 2008-08-27 5 If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $86,000 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. 4.2 Cases 38-96, 23-02, 32-02 Extend Timeframe for Payment of Fine Reduction Jeffery E. Eller/E. G. Bradford & Sons 111 S. Belcher Road (Fine reduced to $45,000 in 2006) The Board Secretary reported the fine on this property was reduced in May 2006 to $45,000 payable within 60 days. Due to financial difficulties, the fine was not paid. A request has been received from Mr. Jeffery Eller, co-owner of the property, asking for an extension of the timeframe approved back in 2006. Mr. Eller said the property is owned free and clear and he is looking to take out a loan on the subject property or his home to obtain the funds. Board Attorney Andy Salzman noted on the record that the Board has not revisited a time extension for a reduction request previously. Discussion ensued and it was noted the property has been redeveloped and staff had no objection to extending the timeframe for payment. Member Avichouser moved to extend the timeframe to October 27, 2008 for payment of the $45,000 fine. The motion was duly seconded and carried unanimously. 4.2 Schedule Workshop A Workshop was scheduled for September 24, 2008 immediately following the Board’s regular meeting. 5. NUISANCE ABATEMENT LIEN FILINGS Chuck C Broadhurst PNU2008-00190 1112 Palm Bluff Street 10-29-15-33552-006-0390 $460.00 Cristo Roca Enterprises, Inc. PNU2008-00628 811 Lotus Path 15-29-15-54414-004-0200 $350.00 Felix Maturell PNU2008-00641 1487 S Michigan Avenue 22-29-15-99684-000-0140 $440.00 Brice Ellett PNU2008-00463 1009 S Betty Lane 15-29-15-82206-000-0900 $400.00 Code Enforcement – 2008-08-27 6 . Y ockenfloster I nc 242 Sharkey Road 07 -29-16-00000-420-0700 PNU2008-00723 $687.00 Alice J. Covington 1437 Thames Lane 02-29-15-10926-000-0660 PNU2008-00779 Gary Thomas Owen Jr. 1482 Pinebrook Drive 11-29-15-65826-000-0560 $525.00 PNU2008-00748 $442.00 Member Keyes moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 5. APPROVAL OF MINUTES Member Goins moved to approve the minutes of the regular Municipal Code Enforcement Board Meeting of July 23,2008, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN: The meeting adjourned at 3:48 p.m. '\ l ~_ ~j___/ Chair ' Munici al Code Enforcement Board Attest: Xmm~ (Jate vJcI1tf Secretary to the Board Code Enforcement - 2008-08-27 7