10/25/1995 (2)
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Municipal Code Enforcement Board
Minutes
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ACTION AGENDA
MUNICIPAL CODE ENFORCEMENT BOARD
n Meeting of October 25, 1995 (3:00 p.m.)
, , '}
I PUBLIC HEARINGS 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.
AGENDA ~.CTION
Case 36-95 (continued from 10/11/95)
Einstein & Evelina Boykins No representation; no
1305 Wood Avenue action necessary.
(Public Nuisance)
Case 37-95 Withdrawn/complied prior
Lazzaro Oil Co.
1495 Selleair Road
(Land Development Code)
Case 38-95 Withdrawn/complied prior
(:> Lazzaro Oil Co.
1495 Belleair Road
ILand Development Code)
Case 39-95 Ordered compliance
Dorothy A. Glover within 24 hours
1006 N. Greenwood Avenue
(Life Safety Codel
I UNFINISHED BUSINESS i
None
! OTHER BOARD ACTION / DISCUSSION i
Minutes - September 27 and October 11, 1995 Approved as submitted.
Adjournment 3:45 p.m.
t.ud
CBAG10B.95
10/26/95
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
October 25, 1995
Present:
Stephen D. Swanberg, Chair
Louise C. Riley, Vice-Chair
Dennis Henegar, Member
Helen Kerwin, Member
. Carl Rayborn, Member
Leslie Dougall-Sides, Assistant City Attorney
Andy Salzman, Attorney for the Board
Mary K. Diana, Secretary for the Board.
Anne Green, Staff Assistant II
Absent:
Peg Rogers, Member
Robert Theroux, Member
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 Chair at 3:00 p.m. 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 PineHas County. Any such
,_j appeal must be filed within thirty (301 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 36-95 (continued from 10/11/95)
Einstein & Evelina Boykins
1305 Wood Avenue
(Public Nuisance)
There was no repmsentation in this case. The Board Attorney noted, if the owner,
representative or agent fails to appear before the board, the City can enter the property and
take action to remedy the condition. In response to a question, Ms. Diana stated she had
spoken to Mr. Boykins on October 10, 1995 and he was aware of today's hearing. A letter
advising of a continuance from the meeting of October 11, 1995, was sent via regular
mail.
The Board Attorney believed proper notice had been given. He indicated no motion
was necessary as Mr. Boykins lost his option to appeal due to no representation.
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mcbl0b.95
October 25, 1995
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3.
Case 37-95
Lazzaro Oil Co.
1495 Belleair Road
(Land Development Codel
r)
4. Case 38-95
Lazzaro Oil Co.
1495 Belleair Road
(Land De~elopment Codel
In a memo dated October 24, 1995, Code Inspector Janice King, withdrew Cases
37-95 and 38-95 stating the violations have been corrected and the property is in
compliance.
5. Case 39-95
Dorothy A. Glover
1006 N. Greenwood Avenue
(Life Safety Code)
Mr. Luther Glover was in attendance to represent his mother, Dorothy Glover. He
said he had hoped that the property manager would be present to explain the conditions of
the property and what steps were being taken to comply. In response to a question, Mr.
. Glover agreed to the violations as read.
() Mr. William Turner, property manager, arrived. He indicated he had not seen the
....,.,. notice of violation at which time it was presented to him to review.
Fire Inspector Irene Gaccek reviewed the background of the case indicating the
notice of violation was issued on May 17, 1995. She noted Ms. Glover did receive the
notice. On June 19, 1995, the property was reinspected; however, none of the fire code
violations had been corrected. Ms. Gaccek said Ms. Glover has been ill and advised her the
City would work with her and explained what needed to be done. So far there has been no
progress made and the building has deteriorated even more. She said Mr. Glover has
expressed interest in closing down the building.
In response to questions, Ms. Gaccek indicated she has had difficulty gaining
occupancy to the building to see how many tenants are living there. She indicated
apartment doors are boarded and expressed concern regarding the second floor exit being
stuck shut. She noted the downstairs exit is boarded and there is a moped under the
staircase.
Ms;. Gaccek indicated there are a lot of routine things needing to be done to the
building. Ms. Glover has indicated a financial hardship to Ms. Gaccek. Ms. Gaccek said as
long as no tenants are in the building, the Glovers could take time to fix the building and
bring it up to code.
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mcb1Qb,9o
October 25, 1995
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In response to a question, Mr. Gaccek indicated she had taken photos of the
violations last Thursday. She said she has given Ms. Glover extra time and hand delivered
a letter on September 5, 1995 saying progress needed to be made in correcting the
violations. Ms. Gaccek indicated approximately six people were living in the building.
The photos of the violations taken on May 17, 1995, were shown to Mr. Turner.
He agreed that they represented the present conditions.
A question was raised regarding the condition of the fire alarm. Inspector Gaccek
responded the trouble light was flashing. She said the fire alarm ran on electricity and
noted the water and power had been shut off. She expressed concern the alarm was
currently running on battery and would eventually go dead.
In response to questions, Ms. Gaccek indicated the cited violations posed a serious
life safety hazard. She said Mr. Glover intends to sell the building; however, recommended
securing the building and bringing it up to code before anyone moves in. '
Assistant City Attorney Dougall-Sides submitted City Exhibit 1 . Notice of Violation
dated 5/17/95 & certified mail receipt; Exhibit 2 . Composite Code sections re: violations;
Exhibit 3 . Fire Inspector Gaccek's letter dated 7/19/95: Exhibit 4 . Fire Inspector Gaccek's
letter 8/21/95; Exhibit 5 - Affidavit of Violation dated 9/18/95; Exhibit 6 . Notice of
Hearing dated 10/4/95 and Exhibit 7 ~ Composite photos of existing conditions. Mr. Turner
and Mr. Glover had no objection to the exhibits being submitted.
,.-.,\ Mr. Turner stated there is a problem with transients who are continually moving in
'.oJ and out. He indicated the owner wants to renovate the building and sell it. He said he has
secured the building by plywood over the doors. He found it impossible to watch the
building all day long to make sure no one gets in. Mr. Turner indicated there is only one
tenant in the building who has a key.
Discussion ensued in regard to this tenant and a question was raised as to why the
lock had not been changed. Mr. Glover said in the past he has moved out tenants'
belongings and had problems with them going to the police. A suggestion was made to
ask the police to assist in moving out the tenant. Mr. Glover asked for additional time to
secure the building and to get the lone tenant out.
Inspector Gaccek expressed concern in allowing additional time due to there being
no water and electricity in the building. She felt ample time had already been given and no
attempt had been made to remedy the situation.
A question was ra'ised if the building has been posted as uninhabitable and it was
indicated it has not. There was discussion regarding other violations pending. Ms. Gaccek
indicated she has asked the Community Response Team for assistance. It was felt the
Board should focus on the violations being presented today.
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October 25, t995
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Mr. Glover said if a fine is imposed, it would be a hardship on his elderly mother.
He said he had just found out about the situation recently and again asked for additional
time to correct the violations.
Discussion ensued In regard to the Ilfe safety issues involved and it was
recommended the building be closed immediately. A request was made that the building be
posted ilNo trespassing."
Ms. Riley moved that concerning Case 39-95 regarding violation of NFPA Ufe
Safety Code (LSC) 101-19-2.2.2.2., lSC 101-7-1.2, LSC 101-7-6.1.7, LSC 101-5-2.2.6.5
as adopted by Section 17.32 of the Clearwater City Code, on property located at 1006 N.
Greenwood Avenue, Clearwater, Florida 34615, aka I.A. Mason's Subdivision, Lot 1 less
road on east, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 25th day of October, 1995, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of Fact,
Conclusions of law, and Order.
ElNDINGS OF FACT
After hearing testimony of Irene Gaccek, life Safety Hazard Inspector, William
Turner, Real Property Manager, and Luther Glover, son of the Real Property Owner, and
viewing the evidence, exhibits submitted: City Exhibits 1 ~ 7 (Exhibit 1 - Notice of Violation
dated 5/17/95 & certified mail receipt; Exhibit 2 - Composite Gode sections re: violations;
Exhibit 3 - Fire Inspector Gaccek's letter dated 7/19/95; Exhibit 4 - Fire Inspector Gaccek's
'-'h letter 8/21/95; Exhibit 5 - Affidavit of Violation dated 9f18/95; Exhibit 6 - Notice of
, \
\___; Hearing dated 10/4/95 and Exhibit 7 - Composite photos of existing conditions) it is evident
the following conditions exist: blockedlinoperable exit doors, exposed electrical wiring,
fire alarm system needs to be inspected and tagged, and gas powered equipment is
improperly store~ under an outside exit stair at 1006 North Greenwood Avenue.
CONCLUSIONS OF LAW
Dorothy A. Glover, Real Property Owner, is in violation of NFPA Life Safety Code
(LSC) 101-19-2.2.2.2., LSC 101-7-1.2, LSC 101-7-6.1.7, LSC 101-5-2.2.6.5 as adopted
by Section 17.32 of the Clearwater City Code.
QRDER
It is the Order of this Board that Dorothy A. Glover, Real Property Owner, shall
comply with NFPA Life Safety Code (LSCI 101-19-2.2.2.2., LSC 101-7-1.2, LSC 101-7~
6.1. 7, LSC 101-5-2.2.6.5 as adopted by Section 17.32 of the Clearwater City Code within
24 hours (October 25, 19951. If Dorothy A. Glover does not comply within the time
specified, a certified copy of the Order imposing the fine may be recorded in the Public
Records of F'inellas 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.
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Oc\ober 25, \995
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Upon complying, Dorothy A. Glover, Real Property Owner, shall notify Irene
Gaccek, the City Official 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.
Minutes of September 27, 1995 and October 11, 1995
Member Riley moved to approve the minutes of September 27. 1995 and October. ~
11, 1995, in accordance with copies submitted to each Board member in writing. The
motion was duly seconded and carried unanimously.
Assistant City Clerk Diana introduced Anne Green, City Clerk Department, who will
be assisting her with the Municipal Code Enforcement Board.
The meeting adjourned at 3:45 p.m.
ent Board
Attest:
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,Secretar 0 t e Board
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October 25. t 995