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01/13/1993 (2) ;~:~'.:'::""\"'~/:::"~"'.:}:':"'.;"~~':":;":,,,:.:.J....:~.:.;...>.I....'....~~..;..~':'..::I....1..,~..'{..:....~::....:.. J.........:.."'..~~r:~~..I....~.... ~..:f.:...... ,.,"..: .: . '1" '. ",-. '. '." .....;.. CEB MUNICIPAL CODE ENFORCEMENT BOARD DATE /) / /1.3 1tt-'1 . . d7 lj8~ '. f ;1 1 ~ \ " ., <' , .. . -4........ <. ", ) MUNICIPAL CODE ENFORCEMENT BOARD Meeting of January 13, 1993, 3:00 p.m. Agenda PUBLIC HEARINGS Action I I I , j ! ! (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. '-93. Case No. 2-93 Case No. 3-93 ,~.~;. -\ ~("t\:...'" Case No. 4-93 Case No. 5-93 " Case No. 6-93 Case No. 46-91 . \\~,,) Forrest R. Garrison Tre. 18740 U.S. 19 North (Land Development Code) Request to withdraw Paul and Dora Costello 1530 Smallwood Circle (Land Development Code) Request to withdraw Frank McKinley and Joel Kehrer 206 South Greenwood Avenue (Land Development Code) Barnell and Louise Evans 1313 North Greenwood Avenue (Unsafe Buildings Code) Richard Wasilewski 10S North Evergreen Avenue (Land Development Code) Edward and Mildred Hoornstra 191 7 Drew Street (Land Development Code) Request to withdraw UNFINISHED BUSINESS Nick DiDomenico dba Ternick, Inc. 64 Bay Esplanade Affidavit of Compliance Withdrawn Withdrawn . Comply within 90 days (4/13/93) Comply within 60 days (3/14/93) Complied prior; if repeats violation, may be fined $SO/day for each day of the repeat violation Withdrawn Accepted Affidavit f .' Case No. 71-92 Wallace J. and Martha L. Lovelace 1547 Ewing Avenue Affidavit of Compliance Accepted Affidavit ~. ~.: . { OTHER BOARD ACTION/DISCUSSION Fine Status Reoort Reviewed M ~ m Q.reJ3..QSlLQ ..dir.e.Q.tbLQ.s. Discussed CBA 10.93 1/1 3/93 MINUTES - Meeting of December 9, 1992 Approved as submitted ADJOURN .' , 4:45 p.m.. ~, -( ,. -"",) ./ \"'~.J/ 2 j. ."::,,,,\ r MUNICIPAL CODE ENFORCEMENT BOARD January 13, 1993 Members present: William Murray, Chairman D. Wayne Wyatt William A. Zinzow Stephen D. Swanberg Louise C. Riley (arrive 3: 1 0 p.m.) E.J. Robinson Absent: Thomasine Fontana-Smith (excused) 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 callod 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 (30) 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 mincblu.93 1 1/13/93 Case No. 1-93 Forrest R. Garrison Tre. 18740 U.S. 19 North (Land Development Code) Request to withdraw Member Riley moved to withdraw Case No. 1-93. The motion was duly seconded and carried unanimously. ~s..., .-T,.:.:. .... 1.'l;~\ Case No. 2-93 Paul and Dora Costello 1530 Smallwood Circle (Land Development Code) Request to withdraw Member Riley moved to withdraw Case No. 2-93. The motion was duly seconded and carried unanimously. Case No. 3-93 Frank McKinley and Joel Kehrer 206 South Greenwood Avenue (Land Dovolopment Codo) Mr. McKinley, in response to a question, agreed the violation exists. The business has been there for 25 years. The racks were regarded as temporary when they built them and didn't think there was a neAd for permitting. The business will be changing locations soon but, duo to the influx of inventory, the shelves were needed. Once the move is made, the shelves will be removed. Mr. McKinley asked for 90 days in which to comply. In response to a question, he stated the shelves are currently filled with parts. City submitted composite exhibit A, photographs of the racks taken January 12, 1992. Member Wyatt moved that concerning Case No. 3w93 regarding violation of Section 137.006(b) of the Clearwater City Code on property located at 206 S. Greenwood Ave. alkla Coachman Heights Rev., Block B, Lot 26, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of January, 1993, 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 Mr. McKinley agreeing the violation exists, and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident that a structure, consisting of metal racks used for auto parts storage, was constructed at 206 S. Greenwood Avenue without a permit. The Conclusions of law are: Frank McKinley and Joel Kehrer are in violation of Section 137.006(b). It is the Order of this Board that Frank McKinley and Joel Kehrer shall comply with Section 137.006(b) of the Code of the City of Clearwater within 90 days (4/13/93). If Frank McKinley and Joel Kehrer 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 Frank McKinley and Joel Kehrer do not 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 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, sllccessors in interest or assigns of the real property where the violation exists. Upon complying, Frank McKinley and Joel Kehrer shall notify Rick Rosa, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, milieu 1 n. 93 2 1/13/93 " .....~ "\ 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 p'arty 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 at 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. Case No. 4-93 Barnell and Louise Evans 1313 North Greenwood Avenue (Unsafe Buildings Code) In response to a question. Mr. Evans stated he does not agree that the building is unsafe. Vernon Packer. Code Enforcement Inspector. stated a complaint was received from the Planning and Development Department on February 20, 1992 regarding structures at 1313 and 1311 North Greenwood Avenue that have been vacant for a while. The property was inspected and photographs taken. The owner was informed he had to clean up the perimeter of the property. In August. a contractor was hired by the City to clear the debris. Plans were submitted for repairing the structure and a permit issued for construction. Since there was no activity for some time. the permit was suspended. A Notice of Violation and Notice of Unsafe Building were sent September 11. 1992. There has been no activity at the property nor compliance. The Notice of Hearing was posted on the property January 4, 1993. City submitted composite exhibit A, photographs of the property taken February 21. 1992 and January 4. 1993. In response to questions. the Inspector stated the property is commercial and currently vacant. There are no sanitary facilities to the structure. and there is no roof. The original permit was issued November 22. 1991 for renovations including a second story addition. A letter was sent in July 1992 to Mr. Evans suspending the permit pursuant to City Code Section 54.04(6) which cites reasons for suspension including debris and lack of construction activity. The roof was removed in January or February 1992. Most of the damage sustained on the inside from weather conditions can be repaired. In response to a question regarding what efforts have been made since September 1992 to improve the conditions. Mr. Evans stated he is going through a divorce and his attorney advised him not to continue with the renovations. He asked for an additional 30 days to comply. Discussion ensued regarding whether the building poses any imminent danger. and the Inspector stnted a person would have to scale the wall to gain access. A roof could be placed on the structure rather quickly. eliminating access. Member Wyatt moved that concerning Case No. 4-93 regarding violation of Section 138.34 of the Clearwater City Code on property located at 1313 N. Greenw'ood Ave. alkla Greenwood Park 112. Block D. Lot 32. the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of January. 1993. and based on the evidence. the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law. and Order. minr.blll.93 3 1/13/93 /~' - 1. ) "-... 1 . ~..,../ The Findings of Fact are: after hearing testimony of Vernon Packer, Housing Inspector, and Mr. Evans, and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident that the building at 1313 N. Greenwood Avenue is in an unsafe condition as it lacks a roof and sanitary facilities. The Conclusions of law are: Barnell and Louise Evans are in violation of Section 138.34 of the City Code. It is the Order of this Board that Barnell and Louise Evans shall comply with Section 138.Z.~. of the Code of the City of Clearwater within 60 days (3/14/93); and, in the meantime, shall keep the property secured anti the e~terlor In a clean and orderly fashion. If Barnell and Louise Evans 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 Barnell and Louise Evans do not 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 sl1all 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, Barnell and Louise Evans shall notify Vernon Packer, 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. Case No. 5-93 Richard Wasilewski 105 North Evergreen Avenue (Land Development Code) No one was present to represent the violator. Rick Rosa. Code Enforcement Inspector, stated information was received August 10,1992 that a large semi-trailer was being parked on North Evergreen Avenue. The truck was not there upon inspection August 11, 1992 and the location was put on a Saturday monitor list. The truck was observed again on August 29, 1992 at which time a letter was sent to the owner of the vehicle requiring compliance. On September 26, 1992 the truck was again parked there and notice of the violation was sent to the property owner and lessee of the property with compliance due October 5, 1992. The violation was cited again December 5, 1992 and a photograph taken. The property ownor contacted the Inspector stating the tenant has agreed to comply. City submitted composite exhibit A, photographs of the truck parked at 105 N. Evergreen Avenue. The truck has not been observed since, but staff wishes to establish the violation in case of a TO peat. mincb1n.93 1/13/93 4 In response to questions, the Inspector stated Mr. Wasilewski is the owner of the real ~, property which is in a residential neighborhood. Proof of the notice of violation was not obtained, however, the notice of hearing was received by Mr. Wasilewski. In response to a question regarding a definition for parking regarding time limits, it was stated there is none. Code does not allow this type of vehicle to be parked in a residential zone for any length of time. Member Zinzow moved that concerning Case No. 5-93 regarcHng violation of Section 136.022H)t')d of the Clearwater City Code on property located at 105 N. Evergreen Ave. a/k/a Fairview Addn., Block B, Lots 8 & 9, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of January, 1993, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact. Conolusions of Law, and Order. The Findings of Fact are: after hearing testimony of Rick Rosa, Code Enforcement Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, it is evident that a semi trailer truck or cab has been found parked at 105 N. Evergreen Ave., that this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Richard Wasilewski was in violation of Section 136.022(j)(1)d of the City Code. It is the Order of this Board that Richard Wasilewski shall continue compliance with ,~.,.i Section 136.022(j)(1)d of the Code of the City of Clearwater. If Richard Wasilewski repeats the violation, the Board may order him to pay a fine of $50.00 per day for each day the violation exists after Richard Wasilewski is notified of the repeat violation. 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 rF~sulting 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. . Case No. 6-93 Edward and Mildred Hoornstra 1 917 Drew Street (Land Development Code) Request to withdraw Member Riley moved to withdraw Case No. 6.93. The motion was duly seconded and carrift,Q unanimously. mincb1a.93 5 1/13/93 "~w., /" , '." UNFINISHED BUSINESS Case No. 46-91 Nick DiDomenico d/b/a Ternick, Inc. 64 Bay Esplanade Affidavit of Compliance Case No. 71-92 Wallace J. and Martha L. Lovelace 1547 Ewing Avenue Affidavit of Compliance Member Riley moved to accept the Affidavit of Compliance in CaDa Nos. 46~91 and 71-92. The Q'lotion was duly seconded and carried unanimously. OTHER BOARD ACTION Fine Status ReDort (copy attached) A question was raised regarding why foreclosure is not pursued on those properties with large fines imposed. The Assistant City Attorney stated the liens are good for 20 years. The City will collect on a lien when the property is sold or foreclosed on by a lending institution. Regarding Case No. 43-92, it was stated the City was informed by the property manager that the property was sold with the new owner signing a disclaimer regarding the lien. Once compliance has been obtained, the new owner may request to address the Board .'_,1 regarding the fine. The Secretary statod the Board can request foreclosure be instituted once a lien is six months old. Since the statute of limitations is 20 years, Legal Department staff has determined not to take foreclosure action. For Code Enforcement Board liens, the City expends dollars in staff time, but not actual expenses. Once the Board authorizes the Legal Department to proceed with foreclosure, the Legal Department will determine whether to pursue. Regarding Case No. 19-92, it was stated this property is scheduled to come before the City Commission for approval to demolish the buildings. It was requested staff investigate the properties and report back at the January 27 meeting regarding what properties are not homestead and could have foreclosure initiation. Memo re Board directive~ The Attorney for the Board stated the City can present the cases as they choose. The Board, however, has the option to request any additional information it feels necessary. If not providod, the Board can determine to dismiss or continue the case, or find the violation exists but not impose a fine. Direction given to the Secretary was to bring forth cases and let the Board determine if the information is sufficient. mincbla.93 6 , 11 3/93 \.,. ,/ (-~ () "-.I In response to a question regarding the Board being informed why a case is being withdrawn, it was stated there are sensitive cases of which, from a legal standpoint, staff does not wish to disclose additional information. In response to a Question whether it is necessary to prove a case if the violator is not present, it was stated if challenged the City will need to show justification for the order and fine imposed. . The Secretary stated the policy of waiting until compliance is obtained before I'. ., discussing the fine gives the message that compliance is the priority. .. MINUTES - Meeting of December 9, 1992 Member Riley moved to approve the minutes of the meeting of December 9, 1992 as submitted. The motion was duly seconded and ~arried unanimously. ADJOURN - 4:45 p.m. ATTEST: Q~~z ~~ SEC~TARY':'" . ..' " mincb1u.93 7 1/13/93 CITY OF CLEARWATER Interdepartmental Correspondence F:~. TO: Barbara Weston, Fi~ance FROM: Cynthia E. Goudeau, Secretary to M~nicipal Code Enforcement Boa~ Municipal Code Enforcement Board Members COPIES: DATE: January 4, 1993 SUBJECT: Fine Status as of December 31, 1992 The following is the status of all fines as a result of Municipal Code Enforcement Board Orders as of December 31, 1992. . Case No. Name Lien Filed Accrued Fine 77 -8 6 David & Virginia Chilcote 1/09/87 $ ',000 e 81-86 Einstein Boykins 4/11/90 $ 900 e,F ,___.)33-86 Einstein Boykins 4/11/90 $ 1,600 C,F 1 0-87 Peter Martin 9/18/87 $ 1, 1 20 C,F 17 -87 Hank Freeman 6/17/88 $ 10,000 C 143-87 Roberto DiGiovanni 1/07/88 $ 1.350 C 1 70-87 Donald N. Bossey/Mary J. Eisenbise 8/17/88 $ 2,290 C 172-87 Robert W. Smiley 7/25/88 $ 560 C 9-88 Nostimo, Inc.lAthena Miselli, V.P. 3/30/89 $ 8,100 e,F (L. Lambros-deceased) 58-88 P.M.M. Capital. Inc. 2/03/89 $ 2,520 e 70-88 Century Soft Water Co. Inc. 2/03/89 $ 550 C I'-rC - Now in complianco, total fine as of date violation corrected. Me - trot in compliance. F - Board authorized foreclosure. . SJX Foreclosure proceedings may be authorized after thrao months if not paid. (F.S. 162.09) ..: '.. . . :- r, .' . . ~ . " , ~.: .. .... . . . + . o. " .' '..' f Case No. N a I1.ll! Lien Filed Accrued Fine 83-88 Maureen & E.J. Mitskevich 9/23/88 $ 360 C f'Jl~ I 30-88 John Mavrogiannis dba Auto Import Clinic 1/25/90 $ 7.400 NC.F 47 -89 A-Plus Restaurant Equipment Inc. 4/11/90 $ 4,825 e,F 78-89 Christine Keno 9/09/91 $67,500 e 88-89 Richard E. Owens 4/11/90 $ 2,600 e,F 44-91 Friedrich E. & Yvonne L. Ulfers '0108/91 $ 625 e 64-91 Roger O. Hobe.r 2/26/92 $ 3,770 NC (accruing $10/day) 4-92 David Gangelhoff d/b/a Gulf Marine 6/23/92 $ 5.500 NC (accruing $25/day) 1 4-92 John Sanders 12/3/92 $ 6,250 NC (accruing $50/day) 18-92 Thomas Floyd 7/1 7/92 $ 5,000 NC (accruing $25/day) ~d19~9 2 Aztec Insurance Company 7/30/92 $50,400 NC ,( , ......j (accruing $200/day) 36-92 Auto Clinic J & M Corporation 7/30/92 $ 4,325 NC (accruing $25/day) 41 -92 Arthur and Irene Passias 9/9/92 $14,500 NC (accruing $100/day) 43-92 John H. Allison 8/19/92 $40,250 NC (accruing $250/day) 47-92 Robert J. Campbell 8/19/92 $ ',525 C 55-92 Nation Wide Land Corporation 11/9/92 $ 1,200 C 56-92 D.G. McMullen Properties Inc. 9/22/92 $ 3,125 NC (accruing $2S/day) o--./c _ Now in compliancel total flne as of date violation corrected. HC - Not in compliance. F - Board authorized foreclosure. Foreclosure proceedings may be authorized after three months if noc paid. (F.S. 162.09) . I " . '. ". ,~,"". . . ". ". ~ . . I i , Case No. Name Lien Filed Accrued Fin13 57-92 Metco Development Corporation 12/3/92 $ 1,200 C ~ . JO-92 David Legault/James P. Knight 10/1/92 $28.750 NC (accruing $ 250/day) 64-92 Peter J. Sapourn. Trustee 11/25/92 $ 2,850 C 65-92 Robert E. Hughes, Trustee 1 2/22/92 $ 21,000 NC (accruing $ 250/day) 66-92 Robert E. Hughes. Trustee 1 2/22/92 $21.000 NC (accruing $250/day) 87-92 Ronald A. Hadley 11/9/92 $ 650 C (-....... \..........~ " I' I \~iC - Now in compliance, total fine as of date violation correctod. He - Not in complianco. F - Board authorized foreclosure. Foreclosure proceedings may be authori~ed after three months if not paid_ (F.S. 162.09) ~ , ._.......~.,..,.... ." .~...~..".... ..,..'"#...,........~ : . I ' '. '. .: ~. I . ... " i'. . r' '.. '; /'.' , I . .'