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07/22/1992 (2) CEB MUNICIPAL CODE ENFORCEMENT BOARD DATE01/'i1/t~ , , ''''9 7" , 2 ' . .~ ~ ~3=z . '. ~. '. r' . ..< .;~. ~.' . , . . ; , r'.-\ MUNICIPAL CODe ENFORCEMENT BOARD Meeting of July 22, 1992, 3~OO p.m. Agenda PUBltC HEARINGS Action (At the time a case is heard and date set for compliance the Board shall, at the same time, set the fee to be assessed in case of non-compliance.) Case No. 50-92 Case No. 51-92 Case No. 52-92 (' Case No. 53-92 '<<.... '.~ I~' Case No. 54-92 Case No. 19-92 Case No. 36-92 Tom M Sehlhorst 611 Palm Bluff Street (Land Development Code) Nathalia Chestnut 25 Turner Street (Life Safety Code) Complied Werner-Donaldson Moving Services, Inc. 11 25 Eldridge Street (Fire Code) Rogerrrheresa Werder 632 Woodlawn Avenue (Unsafe Buildings Code) New Zion MB Church 1182 Brownell Street (Fire Code) UNFINISHED BUSINESS Aztec Insurance Company 905 & 907 Hart Street Affidavit of Non-Compliance/Part 3 Auto Clinic J & M Corporation 1239 South Lincoln Avenue Affidavit of Non-Compliance OTHER BOARD ACTION/DISCUSSION MINUTES - Meeting of July 8, 1992 ADJOURN "-- CBA7b.92 1 Continued to 8/26/92 Withdrawn Comply within 20 days (8/11/92) Comply within 45 days (9/5/92) Shall not permit occupancy in excess of 49 persons until approved 2nd means of egress is provided Accepted Affidavit; issued order imposing fine Accepted Affidavit; issued order imposing fine None Accepted as submitted 4:57 p.m. 7/22/92 ....:-;:,,\ I , I": , \,-", ',--~ MUNICIPAL CODE ENFORCEMENT BOARD July 22, 1992 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William A. Zinzow D. Wayne Wyatt Stephen D. Swanberg Stephen Gerlach Absent: Louise C. Riley (unexcused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Cynthia E. Goudeau, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 3;00 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (3D) days of the execution of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. PUBLIC HEARINGS Case No. 50~92 Tom M. Sehlhorst 611 Palm Bluff Street (Land Development Code) Continue to 8/26/92 Mr. Wyatt moved to continue Case No. 50.92 to the meeting of August 26, 1992. The motion was duly seconded and carried unanimously. Case No. 51-92 Nathalia Chestnut 25 Turner Street (Ufe Safety Code) Complied Mr. Wyatt moved to withdraw Case No. 51-92. The motion was duly seconded and carried unanimously. mincb71J.92 7/22/92 ~ ; ~'. ;1, '! r' . I ::' : .; :r. ~ /.. ~:. ,U',' ~ ';.: ~ J', ." ':.' ~. ~ t:, ~ .. ~ . : J ": ',;. : " : ", : '..:: : l ~ ~:.. , . I':': 'r t..,' " ,'.1" ( ...:~ ~ : ,,' " :: I ~ .. +.'.; ,~:~." ,,: :: ., I"..." "!.' ' , . .....::4.';:' ;':. ~'~ J, : ~ \ ~' .. iI' 'i ": I ~ .: : / ~,.' . ...' i,' ,,; "L'. ...... Case No. 52-92 Werner-Donaldson Moving Services, Inc. 1125 Eldridge Street (Fire Code) No one was present to represent the violator. In response to questions, Karl Whittleton, Fire Inspector, stated containers are stacked right up against the wall where a two foot minimum width aisle is required. In response to questions, he stated this warehouse is in industrial zoning. He was told by an office manager the problem would be addressed. He was there several times, and each time he spoke to a different manager and got a different story. A standard lift truck can move the storage around. If they maintain the aisle space, there is no problem. , '- In response to question, the Inspector stated he is not aware of what is stored in the containers. There is plenty of space to allow for the aisle. Access to the building would not be by the general public, and it is not considered an emergency; however, they've done nothing to comply since January. The containers are packed tight up against the walls and columns. He stated It may take seven to ten dElYs to move the containers. Access around thE! perimeter of the storage containers is required. There are currently 6-8 containers in a row, 4-5 deep. If a fire were to occur ~o the interior of the storage, there would be no access for fire fighting equipment. Mr. Wyatt moved that concerning Case No. 52~92 regarding violation of Section 4-3.2, Chapter 231 of the NFPA as adopted by Section 93.21 of the Clearwater City Code on property located at 11 25 Eldridge Street a/k/a !\Jew Country Club Addn., the east 200 feet of the west' 610 feet and the north 155 feet of the south 205 feet of Block D less the RR RIW, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of July, 1992, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Karl Whittleton, Fire Inspector, and viewing the evidG: .ce, exhibits submitted: City composite exhibit A. photographs of the property, it is evident that the aisle space provided and maintained around storage containers is less than 24 inches as required by code. The Conclusions of Law are: Werner-Donaldson Moving Services, Inc. is in violation of Section 4-3.2, Chapter 231 of the NFPA as adopted by Section 93.21 of the City Code. It is the Order of this Board that Werner-Donaldson Moving Services, Inc. shall comply with Section 4-3.2, Chapter 231 of the NFPA as adopted by Section 93.21 of the Code of the City of Clearwater within 20 days (8/11/92). If Werner-Donaldson Moving Services, Inc. do not comply within the time specified, the Board may order them to pay a fine of $250.00 per day for each day the violation continues to exist past the compliance due date. If Werner.Oonaldson Moving Services, Inc. do not comply within the time specified, a certified copy of the Order ~." rnincb7b.9? 2 7/22/92 ~~ [ ~....~.+ imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Werner-Donaldson Moving Services, Inc. shall notify Karl Whittleton, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. 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. The m.otion was duly seconded and carried unanimously. Case No. 53~92 Rogerrrheresa Werder 632 Woodlawn Avenue (Unsafe Buildings Code) Bill Phillips, Housing Inspector, stated he met with Mr. Werder yesterday and discussed what the violation entails. A contractor has applied for a permit for demolition. Issuance of the permit takes about a week; the contractor stated he could complete the work in two weeks. He inspected the property April 30th, and presented Mr. Werder with the inspector's report detailing the violations causing the unsafe condition. Upon reinspection May 29th, there was no change in the condition of the property. On June 1 st, Inspector Vern Packer noticed a resident at the house and informed them of the problems, and they vacated the premises. As of June 29, the only change is debris outside has been removed. City submitted composite Exhibit A, photographs of the property. In response to questions, the Inspector stated it is a single family structure. He is recommending 45 days for compliance. A question was raised regarding continuing this case to allow time for the demolition since the permit has been applied for. It was stated they can only continue a case for 30 days. The City is asking for 45 days. Mr. Werder stated the demolition will be done by hand, and 45 days would be a reasonable time frame. He has had difflculty in getting a contractor; tried to get his own permit but could not since he does not reside on the premises. He stated he found someone to lease/purchase the property, but they moved out arter an inspector informed them of the violations. Concerns were expressed regarding the need for an asbestos survey of the property, and it was stated this is not required on single family residential property. mincb7b,92 3 7/22/92 In response to a question, Mr. Werder stated work would be started as soon as the permit (',. '. is received, and would be completed within 45 days. In responso to a question, the Inspector stated demolition would bring the property into compliance. The Warders are aware they will also have to grade and seed the lot. Mr. Cardinal moved that concerning Case No. 53-92 regarding violation of Section 138.34, . Unsafe Buildings on property located at 632 Woodlawn Avenue alkla Belleair Highlands, Block D, Lots 22,23,24, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of July, 1992, and based on the evidence, tho Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of William Phillips, Housing Inspector II, and Roger Werder, and viewing the evidence, exhibits submitted: City composite Exhibit A - photographs of the property, it is evident that the structure at 632 Woodlawn AVe. is in a poor state Of (epair, damaged, dilapidated, unsafe and vermin infested to the degree that it is a serious hazard to occupants and the public. The Conclusions of Law are: RogerfTheresa Werder are in violation of Section 138.34, Unsafe Buildings. It is the Order of this Board that Roger{fheresa Werder shall comply with Section 138.34 of the Code of the City of Clearwater within 45 days (9/5/92). If Rogerrrheresa Werder do not comply within the time specified, the Board may order them to pay a fine of $150.00 per day for each day the violation continues to exist past the compliance due date. If RogerlTheresa Werder do not comply within the time specified, a certified copy of tho 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 or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Rogerrrheresa Werder shall notify William Phillips, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. 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. The motion was duly seconded and carried unanimously. mincb1b.92. 4 7/2.2/92 ~ T~~ . .......~ ~ Case No. 54-92 Now Zion MB Church 1182 Brownell Street (Fire Code) James Goodloe, Fire Marshal, stated he ;s a member of this church. February 29, 1992 was the first time he discussed the lack of a second means of egress for the church which seats approximately 280 people. There are two doors leading to a foyer, then another set of doors to outside. The doors swing against egress with steps right outside the door where a landing is required; there are no exit signs or emergency lighting. Plans which were submitted for modifications to the building showed a second exit to be installed. With 85 percent of the work done, said exit has not been installed. City submitted exhibit A, a copy of the plans. In response to questions, Inspector Goodloe stated a building with one exit limits the capacity to 49 people. When the permit was pulled, he expected the door to be installed in a timely manner. Another door was installed, but does not provide the second exit. The church is used to capacity. In response to a question, Reverend Howard stated the renovation plans included the second egress; the door is in the church, but financial problems delay its installation which include required signs and lighting. They were told additional beams were not needed for the weight bearing walls, so the contractor estimated the job accordingly. One week prior to completion, the contractor came and installed the beams; the actual cost billed by the contractor used up most of the monies allotted for the entire renovation. Reverend Howard stated they had the permit for only five weeks when they were cited for the door. The door had already been purchased at that time. They are currently trying to raise money to have the door installed. In response to a question, Reverend Howard stated he understands the need for the second exit; however, for 53 years. with the church the same size and many previous inspections. there has been no mention of a required second exit. In response to a question, Inspector Goodloe stated he first notified them of the violation February 29, 1992. He didn't cite them at that time because of the planned renovations. When the permit was pulled and the door took a back seat to the other work, he informed the Reverend he would be cited if the door is not installed. He did not issue a cease and desist order because there are other exits, although they do not meet code. Discussion ensued regarding the safety of the congregation if there is a fire, stating people get caught up against a door that swings in. Discussion ensued regarding what ne3ds to be done for compliance. It was stated a temporary measure for compliance would be to reverse the existing door to swing out, and add a platform with steps outside. Adolphus Merrick, representing Mount Zion MB Church, stated they don't currently have the funds, and requested a 20 day extension. mincb7h.92 5 7/22/92 { ) / ~. ,~ t.{. ,f ~~ ' In response to questions, it was stated the church is used for cne service on Sunday with a little over 100 people present, and twice a month on Sunday evening for choir practice, with no more than 30 people present. The affidavit was amended to change NAPA to NFPA under codes violated, line 4. Mr. Cardinal moved that concerning Case No. 54-92 regarding violation of Sections 9-2.4.3 & 9-2.1, NFPA Chapter 101 as adopted by Section 93.21 of the Clearwater City Code on property located at 1182 Brownell Street a/k/a W.F. Hughey's Sub., Block 1, Lots 5 & 6, and the west 5 feet of Lot 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Coda Enforcement Board hearing held the 22nd day of JUly, 1992, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of James Goodloe, Fire Marshal, Reverend Howard and Adolphus Merrick, representing New Zion MB Church, and viewing the evidence, exhibits submitted: City Exhibit A - a sketch or drawing depicting work to be performed under current permit, it is evident that the assembly usage at 1182 Brownell Street requires a second merJns of egress which is not provided in the current structure. The Conclusions of Law are: New Zion MB Church is in violation of Sections 9-2.4.3 & 9. 2.1, NFPA Chapter 101 as adopted by Section 93.21 of the City Code. It is the Order of this Board that New Zion MB Church shall comply with Sections 9-2.4.3 & 9-2.1, NFPA Chapter 101 as adopted by Section 93.21 of the Code of the City of Clearwater by not permitting occupancy in excess of 49 people until an approved second means of egress is provided. If at any time the New Zion MB Church becomes occupied by more than 49 people without the second means of egress, the Board may order them to pay a fine of $250.00 per day for each day the violation continues to exist. If New Zion MB Church does not comply, a certified copy of the Order imposing the tine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, New Zion MB Church shall notify James Goodloe, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, the Board has the authority to impose the tine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Any aggrieved party may petition the Board to reconsider or rehoar 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 Rohear. The motion was duly seconded and carried unanimously. mincu711.92 6 7/22/92 /.- (:.' o UNFINISHED BUSINESS Case No. 19-92 Case No. 36-92 Aztec Insurance Company 905 & 907 Hart Street Affidavit of Non-Compliance/Part 3 Auto Clinic J & M Corporation 1239 South Lincoln Avenue Affidavit of Non-Compliance Mr. Cardinal moved to accept the Affidavits of Non-Compliance and issue the Orders imposing the fines in Case Nos. 19-92 and 36-92. OTHER BOARD ACTION/DISCUSSION - None MINUTES ~ Meeting of July 8, 1992 Mr. Zinzow moved to accept the minutes of the meeting of July 8, 1992 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 4:57 p.m. ATTEST: c-\ ~~7 "\c...s. CUAIRHAN I ll~ eAl'tD......il'1... ~~ mlncb7b.92 7 ' 7/22/92