02/24/1993 (2)
CEB
MUNICIPAL CODE ENFORCEMENT BOARD
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of February 24, 1993, 3:00 p.m.
Agenda
PUBLIC 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. 10-93
Case No. 12-93
Case No. 13-93
Case No. 14-93
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Case No. 56-92
Case No. 93-92
Case No.. 7-93
Jaime Viera
1006-1017 Vine Avenue
(Standard Housing Code)
Alfred S. Bridges
1106 Greenwood Avenue North
(Land Development Code)
Frank C. Kunnen, Jr.
2124 Sunnydale Boulevard
(Land Development Code)
Chevron USA Incorporated
23988 North US 1 9
(Land Development Code)
Request to withdraw; complied
UNFINISHED BUSINESS
D.G. McMullen Properties Inc.
2870 Gulf to Bay Boulevard
Affidavit of Compliance
Johnnie L. and Willie J. Criswell
1451 South Madison Avenue
Affidavit of Compliance
Carlton L. McCray
1016-1/2 N. Greenwood Avenue
Affidavit of Compliance
OTHER BOARD ACTIONfDISCUSSION
MINUTES - Meetings of January 27 and February 10, 1993
ADJOURN
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Continued to 3/24/93
Withdrawn
Continued for one month
(3/24/93)
Withdrawn
Accepted Affidavit
Accepted Affidavit
Accepted Affidavit
Concern re excessive
absences was expressed
Continued to 3/10/93
4:20 p.m.
2/24193
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MUNICIPAL CODE ENFORCEMENT BOARD
February 24, 1993
Members present:
William Murray, Chairman
D. Wayne Wyatt, Vice-Chairman
Stephen D. Swanberg
Louise C. Riley
E.J. Robinson
Peg Rogers
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 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 (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
Case No.1 0-93
Jaime Viera
1006-1017 Vine Avenue
(Standard Housing Code)
In response to a question, Mr. Viera stated he agrees some of the units are in violation as
cited but some have been corrected. He requested more time to comply, stating his funds are
exhausted after fixing seven or eight units. He asked the bank to take back the property, but
they refused. He also tried to get assistance from Community Development, but could not get
funding. Some of the lessees have stopped paying rent; 30-90 days after leasing some units, the
windows would be broken and fire alarms removed. He tried to keep an in-house manager on the
property, but the manager was threatened. The units are listed with Clearwater Housing
Authority, but they have not sent him any tenants.
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In response to questions, Mr. Viera stated he initiated the inspections report in June, 1991
to aid in his May, 1991 application for rehabilitation funds. During 1991, there were no tenants.
In January or February, 1992, banking officials denied a loan due to it being a high risk area. He
became six months behind in the mortgage payments, and started renting the units. He would
repair one at a time and rent them out. Now he wants to try to attract older tenants. One unit
needs complete renovation. He plans to place his brother in a unit with a security alarm as the
in-house manager.
In response to a question whether all the units are still in violation, Vern Packer, Building
Inspector stated vi olations that still exist include a leaking roof, inoperative sm oke detectors, rat
problems. water leaks, broken and boarded up windows, no screens, debris, caved in laundry
room roof, a non-working stove, a broken toilet and broken pipes causing flooding, and an
entrance door without a threshold. These violations include units 111012, 1014, 1006, 1015-
1017, and 1011 to the best of his knowledge; many of the units are not numbered. He is unsure
if 1010 and 1008 are occupied; 1013, 1009 and 1007 are believed to be vacant.
Mr. Viera disagreed that all those deficiencies still exist, stating many problems were
addressed in September, 1992, though not bringing the units into total compliance. He is in the
process of evicting tenants from units 1008, 1010 and 1006. Seven units are occupied, but only
four tenants are currently paying rent. In response to a question, Mr. Viera stated he could
complete one unit per month.
A concern was expressed regarding the lack of an updated, accurate listing of the
violations. A question was raised whether the conditions were life threatening, and the Inspector
stated there is a life safety hazard with the boarded up windows. The smoke detector in the
bedroom does not have a battery, and the tenant may not get out jf a fire breaks out in the unit.
City submitted composite exhibit A, photographs of the property taken February 17
and 23, 1993.
Mr. Viera stated he repaired six units in September, rented them out, and they are already
destroyed. He requested help in evicting some tenants. He gave a status of the conditions of
the units of which he is aware.
In closing, the Inspector stated complaints are received from the tenants and the
Clearwater Police Department. He has met with Mr. Viera many times to resolve. This has been
ongoing for some time, and the violations need to be addressed. He inspected the property this
morning; immediate problems include bugs, rats, and the boarded up windows in an occupied
unit. He stated the PJanning Director indicated Mr. Viera should again contact Community
Development.
An updated list of the current violations for each unit was requested, but requiring that life
threatening violations be corrected immediately.
Member Riley moved that the Inspector come back to the Board with an updated list of
the oxisting viotmions per unit, and continued Case No.1 0-93 to the meeting oJ March 24, 1993.
The motion was duly seconded and carried unanimously.
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Case No. 12-93
Alfred S. Bridges
1106 Greenwood Avenue North
(Land Development Code)
No one was present to represent the violator.
Mike Quillen, of the Environmental Management Group, requested this case be withdrawn.
He stated the violator has submitted a written commitment to comply by April 1, 1993, and staff
is satisfied this will be accomplished.
Member Wyatt moved to withdraw Case No. 12-93. The!D..Q!l.Q.n was duly seconded and
carried unanimously.
Case No. 13-93
Frank C. Kunnen, Jr.
2124 Sunnydale Boulevard
(Land Development Codel
Staff requested this case be continued for 30 days.
In response to a question regarding why staff wants to continue the case, the Assistant
City Attorney stated the City Attorney needs to review the case in more detail.
Member Riley moved to continue Case No. 13-93 for 30 days. The motion was duly
seconded.
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In response to whether any citizens in attendance objected to the continuance, none
~~ indicated they did.
Upon the vote being taken, the motion carried unanimously.
Case No. 14-93
Chevron USA Incorporated
23988 North US 19
{Land Development Code}
Request to withdraw; complied
Member Riley moved to withdraw Case No. 14-93 as compliance has been obtained. The
motion was duly seconded and carried unanimously.
UNFINISHED BUSINESS
Case No. 56-92
D.G. McMullen Properties Inc.
2870 Gulf to Bay Boulevard
Affidavit of Compliance
Case No. 93-92
Johnnie L. and Willie J. Criswell
1451 South Madison Avenue
Affidavit of Compliance
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Case No. 7-93
Carlton L. McCray
1016-1/2 N. Greenwood Avenue
Affidavit of CompUance
Member Swanberg moved to accept the Affidavits of Compliance in Case Nos. 56-92,
93-92 and 7-93. The motion was duly seconded and carried unanimously.
OTHER BOARD ACTION
Discussion ensued regarding Member Fontana-Smith's absences since beginning her
term in November, 1992. It was stated due to health reasons and lack of the Notice of Public
Hearing being received for the February 10 meeting, notification was not received regarding
her ausence from said meeLing. Health concerns still exist, and Member Fontana-Smith will be
advising us of her ability to continue to serve the Board after additional testing. If the Board
wishes to keep Member Fontana-Smith from being automatically removed, an amendment to
the minutes of February 10 to change the absence to excused is needed.
A concern was expressed regarding the Board's need for a full membership should
continued absences be necessary.
MINUTES - Meetings of January 27 and. February 10,1993
Mr. Wyatt moved to continue approval of the January 27 and February 10, 1993
minutes to the meeting of March 10, 1993. The motion was duly seconded and carried
unanimously. '
ADJOURN - The meeting adjourned at 4:20 p.m.
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ATTEST:
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