Loading...
08/28/1996 (2) r\'~,~:\i':: :'.' ,'" .. '., u. ' .,.....' . , , .,. ~. . "'...;. ,i~'. :':':' .. . . " . " ,1 <" ~ 1. . 1" . .t.." ...." . " " . " .... ...., . "". \ ~ . ," ~ , . ' ,'," , t'. , ~'" . ' ~._"'""U_~',.,,,~_.,.....~~'. dO.. ',',., ..', . .",.' . ."1.: :.,-,',.' .' .. '. . ". ~... . ...,.' ..--.... \ "~.~. .' CEB , : Municipal Code Enforcement Board Minutes " '. ,"-"', . 1" t " ... ~ '< ........ Date 2<6, ItI~ -r-~ 0' 6 :l \,;J <<r~".{.;:n" ",' '.,t,'r . ~ .. . . .:., . ~"i.~l''''' I ..,.-..:"l' ....~, . < L . ~,. ",' _ . 0' .'., R < . . c..' .... ('j ACTION AGENDA CITY OF CLEARWATER MUNICIPAL CODe ENFORCEMENT BOARD Meeting of August 28, 1996 ,. PUBLIC HEAR'NGS A. Case 30-96 A. Continued 30 days (9/25/96). Wac law & Zenona Niewiarowski 2516 Sunset Point Road (Land Development Code) B. Case 31-96 B. Continued 30 days (9/25/9B). Charles E. & John C. Belcher 2 & 4 Highland Avenue (Life Safety Code) , .' C. Case 32-96 C. Withdraw: complied prior. Nabil H. Assaad' 222 Dolphin Point Road (Building Code) D. Case 33-96 D. Withdraw: complied prior. United Dominion Realty Trust clo Karen O'Connor 1820 Sunset Point Road .....04\ (Building Code) i . "-"'" , E. Case 34-96 E. Withdraw; complied prior. Ronald A. Brokenshire 534 5. Keystone (Public Nuisance) F. Case 35w96 F. Withdrawn: to be recited. John S. Lynn clo Jeralne C. Burt 1109 112 Tangerine Street (Standard Housing Code) G. Case 36w96 G. Withdrawn: to be recited. Jeralne C. Burt 1 113 1/2 Tangerine Street (Standard Housing Code) 2. UNFINISHED BUSINESS A. Request to Reduce Fine A. Continued 30 days 19/25/96). Case 1 3w96 Remprop Inc., RIA Richard Metz ., Goin' Bananas Produce 1612 Gulf-to-Say Boulevard CBACT AGBa96 1 8/28/96 . . . ~ ~ . . 'r, . I .... . ~ ..... ~ .,~ .. /~ .', c ','J' " .r. . .. '. ' " ....-..........- .-..... ,. . ." ACTION AGENDA, CITY OF CLEARWATER MUNICIPAL CODE ENFORCEMENT BOARD Meeting of August 28, 1996 r \, 8. Request to Address Board re: flne B. Approved. Case 44-93 G.P. Taliaferro 1402 N. Greenwood Avenue C. Request for Rehearing C. Denied. Case 25-95 Gilbert G. Jannelli 1930 Drew Street (Land Development Code) D. Affidavit of Non-Compliance D. Accepted; issued order imposing Case 25-96 fine. Gilbert G. Jannelli 1930 Drew Street E. Affidavit of Non-Compliance E. Accepted; issued order imposing Case 27-96 fine. Wass Associates/Holmquist Prop. Mgt. & Patrick Media Group, Inc. 2198 NE Coachman Road F. Request to Reduce Fine F. Reduced fine to administrative , .. '-- Cases 98-93 & 99~93 costs. Mrs. Yvonne Irle f R.E. Hughes '306 & 1 306 Y2 Garden Avenue 3. ~~ OTHER BOARD ACTION/DISCUSSION 3. Resignation letter from Faustino Dolores. 4. APPROV AL OF MINUTES - July 24, 1996 4. Approved as submitted. 6. ADJOURNMENT 5. 3:41 p.m. I "-" CBACTAGBa96 2 8/28196 /.'" _" 'c" ".' c'.. , .~.~....~~~I , ~ 'I " : . . ~~~h,~"" " ~'." ~ , : 'J MUNICIPAL CODe ENFORCEMENT BOARD CITY OF CLEARWATER August 28, 1996 Present: Stephen D. Swanberg, Chair Louise C. Riley, Vice-Chair Dennis Henegar, Member . J Helen Kerwin, Member Carl Rayborn, Member Peg Rogers, Member Leslie Dougall-Sides, Assistant City Attorney Andy Salzman, Attorney for the Board Mary K. Diana, Secretary for the Board Brenda Moses, Board Reporter Absent: Faustino Delores, Member (Resigned) In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. I_ H---......~ ',-i The meeting was called to order by the Chairman, at 3:00 p.m. in the Commission Chambers at City Hall. The Chair 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 13D} 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. PUBLIC HEARINGS A. Case 30-96 Waclaw & Zenona Niewiarowski 2516 Sunset Point Road (land Development Code) " Waclaw Niewiarowski stated he is the owner of Sunset Point Wine and Liquor in Clearwater. City Inspector Robert Scott stated the property was inspected in February, 1996. Upon receipt of an anonymous complaint. former City Inspector Mark Hively had discovered paving, sealing and re-coating of a parking lot being performed without a permit by an unlicensed individual. In answer to a question, Building Inspector, Vernon Packer, stated the County licensing Board discovered the R. Hill Paving Company performing work at the subject's location, as well as at a nearby location. He stated the City attempted to contact Mr. Hill in February of 1996, but he could not be reached. Inspector Mark Hively had issued a stop work order to Mr. Hill, who continued to perform work without permits. In response to a question, Inspector Scott said, to the best of his knowledge, the R. Hill Paving Company is out of business. The City is recommending the required permits be obtained and inspections be done for the work already performed by November 12, mCB08.96 1 08/28/96 B. Case 31-96 Charles E. & John C. Belcher 2 & 4 Highland Avenue (Life Safety Code) ~r.~b:~X:." " '; :'; ,', flt,~ I' ' " -', '", ~'r:':;".l: '.~ . ..~;.~. . ~ ' 996, or a fine of $25.00 per day for each day the violation continues to exist. ., '.- City code states a building permit is required for parking lot re-striping. The number of parking spaces must be a specific size and include handicapped spaces. The notice of violation was sent to the property owners, Waclaw and Zenana Niewiarowski, by certified mail, return receipt requested. Assistant City Attorney, Leslie Dougall-Sides, presented photographs representing conditions on the property, City's Exhibit 3, and Exhibits 1-6. City Inspector Scott said the owner applied for a permit for new work, which is to be done by Iskra Homes, Inc. in October of 1996. The City is requiring the owners of the property to have a licensed contractor obtain a permit and do an inspection for the work performed in February of 1996. In response to a question, Inspector Scott said it is customary for the contractor to obtain permits. Since R. Hill Paving Company did not do so, the owner is responsible. Mr. Niewiarowski stated he is working with Iskra Homes, Inc. to obtain a permit for previously done work. Member Riley moved to continue Case 30-96 for 30 days. The motion was duly seconded and carried unanimously. ....-..... I ' .-../ Ms. Dougall~Sides stated the City Housing Inspector has indicated the property is 90% in compliance. This case involved several housing code violations. Complete compliance is expected within the next 10 days to 2 weeks. Ms. Dougal/- Sides said the City expects the case to be dismissed, and requested a continuance for 30 days. ' Member Riley moved Case 31-96 be continued for 30 days. The motion was duly seconded and carried unanimously. C. Case 35-96 John S. Lynn clo Jeralne C. Burt 1109 1/2 Tangerine Street {Standard Housing Codel D. Case 36-96 Jeralne C. Burt 1113 1/2 Tangerine Street (Standard Housing Codel 'w Ms. Dougall-Sides withdrew Case 35-96 and Case 36-96, to assure proper notification was given. Certified mail notices were sent in each case but were returned unclaimed. The alleged violator, Ms. Jeralne C. Burt, indicated she did not go to the post office to sign for the letters, but had received notice. The cases are to be recited with the initial housing reports. mCBD8.96 2 08/28/96 , ' . , l' I. ,t ,~' ", ' ". '~"" ",' .~~:r .\ ~ ",:. ."'",. 0 .' ~\ < ;:;.~/f.> 'J \ :.... ,~ ~d,k'" " '>#.. ,} ", . , . ". <;' 0 ~"-\ .' . " " .,....'.' ~ " ,.' 2. UNFINISHED BUSINESS A. Request to Reduce Fine Case 13-96 Remprop Inc., RIA Richard Metz Gain' Bananas Produce 1612 Gulf-to-Bay Boulevard Secretary for the Board, Mary K. Diana, stated the fine is $600.00. Mr. Salzman stated the case has been appealed in the courts, and the process would cost more than $600.00. The appeal is being held in abeyance until the Board hears the request for reduction in fine. He expressed concern regarding proper notification, as there was no representation at today's hearing, and recommended a continuance. Member Riley moved to continue the subject request for 30 days. The motion was duly seconded and carried unanimously. B. Request to Address Board re: fine Case 44-93 Hardy Griffin/James Nichols G. Patricia Taliaferro 1402 N. Greenwood Avenue 1'-'\ ._i , Mr. Salzman indicated a letter was received from Patricia Taliaferro asking to address the board regarding the subject fine. Member Ailey moved to approve the request to address the Board regarding the subject fine. The motion was duly seconded and carried unanimously. C. Request for Rehearing Case 25-96 Gilbert G. Jannelli 1930 Drew Street (Land Development Codel D. Affidavit of Non-Compliance Case 25-96 Gilbert G. Jannelli 1 930 Drew Street w Dr. Jannelli submitted a letter stating due to a lack of representation at the July 24, 1996 hearing, and his belief a continuance of the case would be granted, he requests a rehearing. Member Riley said at the July 24, 1996, Board meeting, Dr. Jannelli was found to be in violation, and was not granted a continuance. Ms. Dougall.Sides stated to her knowledge no one from the City led him to believe a continuance would be granted. City Inspector Rosa, who testified at the July 24, 1996 hearing, stated he did not tell Dr. Jannelli there would be a continuance. Inspector Rosa also stated he met Dr. Jannelli at his property the day after the mC808.96 3 08/28/96 , ; r . ., t ~ \ \,.. . . . ' . ~ -,,( ;;.~. I~: ,~ . I 'r', w...),-" .J 1 k.::~!~'~ ....'~.... . ," ;'.l~ ~ ' hearing to check on compliance. At that time, Dr. JannelJi was aware the case was '. ,.1 not continued, and that he was found to be in violation. Member Riley moved to deny the request for rehearing; and to accept the affidavit of non-compliance for Case 25-96 and issue the order imposing the fine.< The motion was duly seconded and carried unanimously. E. Affidavit of Non-Compliance Case 27-96 Wass Associates/Holmquist Prop. Mgr. & Patrick Media Group, Inc. 2198 NE Coachman Road Member Riley moved to accept the affidavit of non-compliance for Case 27- 96 and issue the order imposing the fine. The motion was duly seconded and carried unanimously. F. Request to Reduce Fine Cases 98-93 and 99-93 Mrs. Yvonne Irle/R. E. Hughes 1306 & 1306 1/2 Garden Avenue "-,,,\ (~ Ms. Diana indicated there were 4 cases involving R. E. Hughes. When the initial fine reduction request was made; only Case 65-92 and Case 66-92 were heard. Cases 98-93 and 99-83 are similar, and administrative costs are the same. The properties will be sold to Religious Community Services after the liens are cleared. Member Henegar moved to reduce the fines for Cases 98-93 and 99-83 to administrative costs of $172.25 each. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION Ms. Diana indicated the board received a letter of resignation from Faustino Delores. She said the City Commission will consider appointing a replacement at the September 5, 1996 meeting. Mr. Delores was not present, but Chairman Swanberg thanked him for serving on the board and wished him well. 4. APPROVAL OF MINUTES - July 24, 1996 Member Riley moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously. " mCB08.S6 4 08/28/96 ;~7'~ =:; ~~~,! , ~~;\c '} ,~X:~,>, )', ,;~,.." -,' i'" , , L:,'} ".1 :',t"; . :~ ,C . " 1;'<: ",< :::" ; : ~ ~ ,: f}~ ". ;';~ JI ~ .~:: :, i. ~;; :~T l, . .'"'' ,'. {,~ :,<:' ': : '(: 'i ';,i '" :i'f.~ ';'~";' ,:) ~ ~ ",' '1":-", ' ',':',' - ,..',,: , ,;" " , ~;~~~:l<i~'r"~'\J""'/"';~;I('"i!tl('"':~":~'~dVi.~tj,', ,. ',: <:i .,....~:~. ',' ..\,~"./.'}'" I.','~. ..'~ ";,,, ~ .t"~',')~}~~~~\'F-~~~;~: ~;::~;r:;':~:,',;,~,',~', >,':' > :,' :":'<: : '" ;'~" d;';',,::,,:',/\':::':;\"';',;;'},': " l .. ~. ..;. <"" .:...~,:~./.: ::~.~: \ . [...., .-1. . ,\' , ," ',1 .,' :.r;,: Lt.,' . J,t ,', " , , ~'.c :~;:.:.:':'jl\~" }":'I,::~'<.~~~~l!~ ni, " I:: ,hI " ',:: " , ~ ~: ).~r:~jJ , 5. ADJOURNMENT The meeting adjourned at 3:39 p.m. Attest: ~~~~ n oreement Board .,' ..,,1 ... . . ~ .. o \.. .../ mCB08.96 5 08/28/96 '"