01/10/1996 (2)
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M~nicipal Code Enforcement Board
Minutes
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Date
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ACTION AGENDA
MUNICIPAL CODE ENFORCEMENT BOARD
~ MeetIng of January 10. 1996 (3:00 p.m.)
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1. PUBLIC HEARINGS
A. Case 46-96 (Cont'd from 12/13/96) Continued to 2/14/96
Alex & Mary Gelep
452 Mandalay Avenue
Lesee: Canellos Corp d/b/a Island House
James Canel/os, Reg. Agent
(Land Development Code - Signs)
B. Case 1-96 Continued to 2/14/96
David R. Leonard
1300 S. Fort Harrison Avenue
Lessee: Patrick Media Group. Inc.
(Land Development Code - Signs)
C. Case 2-96 Ordered compliance
John & Nancy Hopp within 30 days {
522 S. Glenwood Avenue (2/9/96)
(Building Code)
D. Case 3-96 Continued 30 days
(:> Rodney L. Anthony (2/9/96)
854 Island Way
(Building Code)
E. Case 4-96 Continued to 1/24/96 :'
, William Georgilias/Labrise Restaurant
1849 Gulf-to-Bay Blvd.
(Ufe Safety Codel
F. Case 5-96
Marilyn A. Prince/McNicholas Ordered compliance
1524 Cleveland Street within 10 days
(Building Code) (1/20/96)
2. Unfinished Business - None
3. Other Board Action/Discussion - Election of Officers Steve Swanberg elected
Chairman, Louise Riley
elected Vice-Chairman
4. New Business - None
5. Approval of Minutes - December 13, 1995 Approved as submitted
0 6. Adjournment 3:51 p.m.
CBAG1A.96
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
January 10, 1996
Present:
Stephen D. Swanberg, Chairman
Louise Riley, Vice~Chairman
Peg Rogers, Member
Helen Kerwin, Member
Carl Rayborn, Member
Faustino Dolores, Member (3:02 p.m.)
Leslie Dougall-Sides, Assistant City Attorney
Mark Connolly, Attorney for the Board
Mary K. Diana, Secretary for the Board
Anne Green, Staff Assistant II
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Absent:
Dennis Henegar, Member
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In order to provide continuity for research, the items will be listed in agenda order although
not necessarily discussed in that order.
o
The meeting was called to order by the Chair at 3:00 p.m. in the Commission Chambers at
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.
1. Case 46~95 (Cont'd from 12/13/95)
Alex & Mary Gelep
452 Mandalay Avenue
Lessee: Canellos Corp d/b/a Island House
James Canellos, Reg. Agent
(Land Development Code - Signs)
2. Case 1 ~96
David R. Leonard
1300 S. Fort Harrison Avenue
lessee: Patrick Media Group, Inc.
(Land Development Code - Signs)
In a memo dated January 9, 1996, Lt. Kronschnabl, Community Response Team, requested
that Cases 46-95 and 1-96 be continued to February 14, 1996 to allow the alleged violators to
come into compliance.
Member Riley moved to continue Cases 46-95 and 1-96 to the meeting of 2/14/96. The
motion was duly seconded and carried unanimously.
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January 10, 1996
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3.
Case 2-96
John & Nancy Hopp
522 S. Glenwood Avenue)
(Building Code)
The Assistant City Attorney questioned Mark Hively, City Inspector, regarding his
investigation. He responded he observed new construction having been done without permits.
Trusses were mismatched and not engineered for the project and were not to Code. New and old
construction is evident. The footer underneath for wall support is not adequate. A slab has been
there for some time but is broken and cracked. The City submitted photos taken 9/18/95 and
1/9196. Property ownership was verified through the Property Appraiser's Office. Mr. Hively
talked to Mrs. Hopp on 9/18 and she expressed health concerns. She also advised that her son
was to draw up the plans. A Notice of Violation dated 10/4/95 was hand delivered to Mr. Hopp's
place of employment. Composite photos taken yesterday, 1/9/96, depict carpeting being
installed. The original violations are still present. No further work has been done since a stop
work order was issued.
. The City recommended allowing 10 days to pull a permit for work being done. Inspector
Hively indicated a structural engineer will need to inspect and provide a report on the slab.
The Assistant City Attorney submitted Exhibits 1-4 (Exhibit 1 - Code sections violated,
Exhibit 2 - Composite photos taken 9/18/95 and 1/9/96 representing existing condition5, Exhibit 3
- Notice of Violation dated 10/4/95, and Exhibit 4 - Affidavit of Violation and Request for Hearing
dated 12/8/95l.
Questions were raised regarding the use of a "bucket", a structural attachment to a beam.
The one in place at this property is unsuitable and needs to be replaced. '
Discussion ensued regarding whether renovation or remodeling requires a building permit.
Mr. Hively responded permits are needed. Also discussed was work being done on a personal
residence versus rental property. Mr. Hively advised if it is a residence the Owner could do their
own work but if it is income property I a general contractor must do work. Chair Swanberg asked
if the City considered that the Hopp's children reside at this property. Inspector Hively responded
the City did.
Mrs. Hopp stated they thought if the work being done was under $10,000 they did not
need a permit. She indicated on 11/30/95 they tried to pull a permit but were told they needed to
have an architect draw up plans. She said they were unable to afford this.
Mr. Hively advised using a slab requires certification or a rating of the footer underneath
from a structural engineer.
Mrs. Hopp also advised the roof was there, the insulation became wet due to water
damage. The room will be an enclosed porch and utility room for a washer and dryer. Prior to
work being done, the porch was halfway enclosed.
In response to a question, John and Nancy Hopp indicated 30 days would be enough time
to pull a permit. Mr. Hopp stated that they talked to a contractor today. Chair Swanberg advised
the City would work with them. He closed the Public Hearing.
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Januarv 10, 1996
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Member Rogers moved concerning Case 2M96 regarding violation of Chapter 47, Article IV,
Sections 47.081 and 47.083 of the City of Clearwater Code on property located at 522 S.
Glenwood Avenue, also known as Druid Hills, Lot 8, the Municipal Code Enforcement Board has
heard testimony at the Municipal Code Enforcement Board hearing held the .1Q1b. day of January,
1996, and based on the evidence, the Municipal Code Enforcement Board enters the following
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER.
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FINDINGS OF FACT
After hearing testimony of Mark Hively, City Inspector, and John & Nancy Hopp, and
viewing the evidence submitted: City Exhibits 1 ~4 (Exhibit 1 - Code sections violated, Exhibit 2 -
Composite photos taken 9/18/95 and 119/96 representing existing conditions, Exhibit 3 M Notice of
Violation dated 10/4/95, and Exhibit 4 . Affidavit of Violation and Request for Hearing dated
12/8/95), it is evident that remodeling has taken place without permits and inspections at 522 S.
Glenwood Avenue, Clearwater, FL.
CONCl,US\ONS OF LAW
John & Nancv Hopp. Real eroperty Owners, are in violation of Chapter 47, Article IV,
Section 47.081 and 47,083 of the Clearwater City Code of Ordinances.
ORDER
It is the Order of this Board that John & Nancy Hopp shall comply with Chapter 47, Article
IV, Section 47.081 and 47.083 of the City of Clearwater Code of Ordinances by pulling the
necessary permits by 2/9/96. If John & Nancy Hopp do not comply within the time specified, the
Board may order them to pay a fine of $25.00 per day for each day the violation continues to
exist. If John & Nancy Hopp 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 1 62, Florida Statutes. Upon complying, John & Nancy Hopp shall notify
Mark Hively, the City Official, who shall inspect the property and notify the Board of compliance.
Should a dispute arise concerning compliance, either party ma\, 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.
4.
Case 3M96
Rodney L. Anthony
854 Island Way
(Building Code) ,
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January 10. 1996
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The Assistant City Attorney requested that Case 3~96 be continued for 30 days to allow
the property to come into compliance.
Member Riley moved to continue Case 3.96 for 30 days to the meeting of 2/14/96. The
rnbtion was duly seconded and carried unanimously.
5. Case 4-96
William Georgilias/Labrlse Restaurant
1849 Gulf-to.Bay Blvd.
(Ufe Safety Code)
In a memo dated January 10, 1996, James Goodloe, Fire Marshal; requested that Case 4-
96 be continued to January 24, 1 996 as this property is being sold and is scheduled for
demolition.
Member Riley moved to continue Case 4~96 to the meeting of 1/24/96. The motion was
duly seconded and carried unanimously.
6. Case 5-96
Marilyn A. Prince McNicholas
1524 Cleveland Street
(Building Code)
The Assistant City Attorney questioned Mark Hively regarding his investigation. He
responded he received a complaint from the contractor who was initially hired to do the work at
t:;:~ this property. He checked on permits and found none had been pulled for replacement of the air
th conditioning unit. Mr. Hively visited the site on 10/4/95. Mr. McNicholas informed him of the new
air conditioning unit installation. Mr. Hively advised him a permit was required and Mr.
McNicholas said he would obtain a permit. No photos were taken since he was unable to gain
access.
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The Assistant City Attorney submitted Exhibit 2 - Permit history on the property. This
report showed permits were pulled but 110 inspections were done. Chair Swanberg advised only
the subject violation should be considered today.
Assistant City Attorney Dougall-Sides submitted Exhibits 1-5 (Exhibit 1 - Code sections
violated, Exhibit 2 - Permit history printout for parcell Exhibit 3 . Notice of Violation dated
10/23/95, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 12/20/95, and Exhibit 5
- Notice of Hearing dated 11/28/95) for the record.
In a response to a question, Mr. Hively advised he was still unable to gain access to the
residence to see if the air conditioning is in use. The City recommended 10 days to pull a permit
and to get an inspection.
Mr. McNicholas stated since he had not completed all the remodeling previously started, he
did not call for an inspection. In regard to the air conditioning unit, he thought work under
$500.00 did not require a permit. Mr. Hively said for electrical or plumbing work, a permit is
needed. Mr. McNicholas advised he would pull a permit today.
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January 10, 1996
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Chair Swanberg closed the public hearing.
Member Rogers moved that concerning Case 5-96 regarding violation of Chapter 47,
Article IV, Sections 47.081 and 47.083 of the Clearwater City Code of Ordinances on property
located at 1524 Cleveland Street, also known as Crest lake Subdivision, Block H, Lot 18, the
Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 1Q.tb. day of January, 1996, and based on the evidence, the Municipal Code
Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND
ORDER.
fiNDINGS Of FACT
After hearing testimony of Mark Hively, City Inspector, Marilyn Prince McNicholas and Mr.
McNicholas, and viewing the evidence submitted: City Exhibits 1-5 (Exhibit 1 - Code sections
violated, Exhibit 2 - Permit history printout for parcel, Exhibit 3 - Notice of Violation dated
10/23/95, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 12/20/95, and Exhibit 5
- Notice of Hearing dated 11/28/95L it is evident that an air conditionIng unit has been installed
without a permit and inspection at 1524 Cleveland Street, Clearwater, FL.
CONCLUSIONS OF LAW
Marilyn A, Prince McNicholas. Real Property Owner, is in violation of Chapter 47, Article
IV, Sections 47.081 and 47,083 of the Clearwater City Code of Ordinances.
OBDER
It is the Order of this Board that Marilyn A. Prince McNicholas shall comply with Section
Chapter 47, Article IV, Sections 47.081 and 47.083 of the City of Clearwater Code of Ordinances
by pulling the necessary permits by 1/20196. If Marilyn A. Prince McNicholas does not comply
within the time specified, the Board may order her to pay a fine of $25.00 per day for each day
the violation continues to exist. If Marilyn A. Prince McNicholas does 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. Upon complying,
Marilyn A. Prince McNicholas shall notify Mark Hively, the City Inspector, who shall inspect the
property and notify the Board of compliance. 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.
ELECTION OF OFFICERS
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Members Rogers moved that Steve Swanberg be elected as Chairman. The motion was
duly seconded and carried unanimously. Member Rogers moved that Louise Riley be elected as
Vice Chairman. The motion was duly seconded and carried unanimously.
MINUTES
Member Rogers moved to approve the minutes of December 13, 1995 in accordance with
copies previously submitted to each board member in writing. The motion was duly seconded and
.. carried unanimously.
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ADJOURNMENT
The meeting adjourned at 3:51 p.m.
Attest:
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