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03/09/1994 (2) :J:t\-?;;(/ " ' , , , I ~. ). . ~..... ~, ~ .,' . I' . . \ ' "":.' "".:"..:.1 :1.. ','.... ........ :~.: ' \ \'.,~ ;. . .... ,. ", . ~ \. .- . j'.. '. ". 1,':': . ?:>?, > i (;~'.>~' . \l :,i " , " ~/ . '.':, ~ ......... .......~lII;,."~f~.~ .,'i'~ct '~~-;c'...;c.'''''''-''''~'Ij,:.~ ~."'. ,.' '., ~. . :- -'-\, , i . ' .. ...... " \J ......."... "; " :,':. :'.I~~f"',.' c," ,~:. .:.~...,-.I/" .' ~ . '. . . , , " ',' :,F.~. ":.'~'\'::.~"'~:i' .~:.;:''''lA'.,:'''' ,,,>,::,,;"I,:,,~\f..::. '..'u, ....~~......:I'l";'":~ CEB Municipal Code Enforcement Board Minutes Date ~ ..qJ B'1t./ -1-/:50C; ~ , .' . j ':. . , . . . . '. ~ .," . . " > .' ." . .... . ;l ~:~V,!';"')':';': :",",:::':< :' : .~~;~:~~:"; -:> :::":. .' '.;, , . '-:" ",,: . I '~~'. ' ,.:., \. .,..". " .1\ ,;--"" , J .....~. ~. MUNICIPAL CODE ENFORCEMENT BOARD Meeting of March 9, 1994 - 3:00 p,m. AQenda Action PUBLIC HEARINGS (At the time a caso 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 08-94 Evangelos & Maria Natsis 1626 & 1628 Drew 5t (Standard Housing Code) Ordered compliance within 30 days (April 8, 1 994) Case 09-94 Herbert & Jane Woflowick 2789 Gulf To Bay Blvd (Land Development Code) Continued to March 23, 1994 Case 10-94 Arthur T Doyle 1113 Tuskawilla Dr (Land Development Code) Continued to March 23, 1994 '0 UNFINISHED BUSINESS OTHER BOARD ACTION I DISCUSSION Case No. 61-92 James A Wooding and Mary L. Wooding 601 N Garden Avenue (Unsafe Building) Affidavit of Compliance - and - Request to Address Board re fine Accepted Affidavit Approved Request Case No. 05-94 Emil J Metz 1834 Drew Street (Land Development Code - Signs) Affidavit of Compliance Accepted Affidavit CDAcl03a,94 03/Q9194 i I ( I e , ~ ~ ;' " MINUTES of February 23, 1994 Approved as submitted u ADJOURN 3:50 p.m. I li".' . ..- L' . . . . . . ~ . ' < " . ..~,' ~b." ":. " '. ,'. ~~:f~'?;' . '" .' ',"0. . ~ MUNICIPAL CODE ENFORCEMENT BOARD ., '. March 9, 1994 Members present: Stephen D. Swanberg, Chair , Louise C. Riley, Vice-Chair Dennis Henegar E.J. Robinson Carl Rayborn Members absent: Peg Rogers (excused) Robert Theroux lexcused) Also present: Miles Lance, Assistant City Attorney Stephanie Vaughan, Attorney for the Board Lt. Jeff Kronschnabl, Special Assistant to the City Manager/Community Response Team Mary K. Diana, Secretary for the Board Gwen J. Legters, Recording Secretary In order to provide continuity for research, the items will be fisted in agenda order although not necessarily discussed in that order. (,!t.:ilI The meeting was called to order by the Chair 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. Case 08-94 Evangelos & Maria Natsis 1626 & 1628 Drew 5t (Standard Housing Code) Evangelos Natsis did not agree to the violation as cited. Housing Inspector Bill Wright stated a complaint that there were too many people living in the duplex at 1626 and 1628 Drew Street was received from a neighbor on September 9, 1993. Mr. Wright inspected the duplex on October 1, 1993, found a number of violations and prepared the housing inspection reports for the two units. The report for unit 1626 details violations concerning a faulty kitchen faucet and missing range. Violations regarding the bathroom and water heater were cited in the report for unit 1628. Inadequate heating facilities. improperly located and inoperable smoke detectors were observed in both units. He measured and made drawings of the apartments and counted the number of sleeping areas and the number of people sleeping in each unit. He found there is insufficient habitable space for the number of people sleeping in both units. These housing reports were mailed to Mr. Natsis on October 11, 1993. ~ mlncb3a.94 03/09/94 . . ..: . .', t'. " . . . <. . ". .' ., . ,. ~,~ ~ ~: ,.-..., City Exhibit A, an October 11, 1993 letter to Mr. Natsis, with enclosures of October 8, 1993 housing inspector's reports, floor plan drawings for the two units at 1626 and 1628 Drew Street, and a copy of the certified mail return receipt were submittad for the record. Mr. Wright stated Mr. Natsis ~greed to correct the violations and report back. When he did not hear from Mr. Natsis, Mr. Wright mAde several unsuccessful attempts to telephone. He visited the site on December 1, 1993. No one answered the door. Mr. Wright filed the notice of violation on January 4, 1994, giving 30 days to comply. Mr. Natsis made an appointment to meet with Mr. Wright at the site on January 28, 1994. At that time, Mr. Wright said he found some of the violations had been corrected. The missing range, smoke detectors and inadequate heating facilities were still in violation. In response to a question, Mr. Wright stated he reinspected the units on February 24, 1994, accompanied by Building Inspector Lori Goldston and Detective Carrasquillo of the Clearwater Police Department. Various numbers of people sleeping, living and/or departing the property were photographically documented. The battery operated smoke detectors were still not working, were improperly located and the heating was still inadequate. Mr. Wright and Detective Carrasquillo reinspected the property on March 9, 1994 and found the violations had not been corrected and it was apparent too many people were living on the premises. City Exhibit B, photographs of various sleeping areas and occupants in the unitsJwere submitted for the record. ,.c.....t \ " ) ..~'D"'l:i).,. Lt. Jeff Kronschnabl, Code Enforcement Supervisor, stated his section has received approximately 18 complaints concerning this property within the last two months. He read into the record a letter from James Williamson, a next door neighbor, who complained about the number of people living in the duplex, the buildup of garbage, traffic noise, vermin and people using the outside as a urinal. City Exhibit C, a letter of complaint from James Williamson, 1683 Drew Street, was submitted for the record. In response to questions, Mr. Wright stated he tried to explain to Mr. Natsis that smoke detectors must be installed in or adjacent to the sleeping quarters. Two smoke detectors installed behind the refrigerator in the kitchen had no batteries. Lt. Kronschnabl stated he usually observes large numbers of people and excessive vehicle traffic and noise when he visits the property. Mr. Natsis stated he installed batteries in the smoke detectors yesterday. He said he has the property up for sale and he wants to evict the tenants; however, is having difficulty because the tenants do not,speak English. He said there are usually only three or four people there when he visits and he does not know how to control the number of people sleeping in the apartments. Attorney Vaughan recommended he contact his attorney for guidance. In response to questions, Mr. Natsis indicated he collects the rent from one person and does not charge extra when an additional person moves in. He did not know if there were any women or children living in the apartments. Mr. Natsis said he had a rental agreement for four people to live there. He believed the person who signed the agreement still lives there and stated he does not charge $70.00 per person. v mincb3a.94 2 03/09/94 f I : . .. , I' , , ' . ~ " \ . . ~ _ . . > ct" ; .. " ~~" < '.J I , . ., Staff recommended allowing 30 days for compliance and a fine of $250.00 for each day the violations continue past the compliance due date. In response to questions, Mr. Natsis stated he has contacted his lawyer concerning the eviction and he should know the time frame tomorrow. He said he has owned the property for 1 5 years. Mr. Natsis was advised to keep Mr. Wright informed of compliance efforts. Member Henegar moved that, concerning Case 08~94, regarding violation of Sections 302.5, 302.6, 302.9. 305.7 & 305.13 (Unit 16261 & Sections 302.5 & 302.9 (Unit 1628) Standard HousinQ Code. adooted bv Section 49.01 of the Clearwater City Code on property located at 1626 & 1628 Drew St a/k/a Grand View Terrace Lot 41 & E Yz of Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 9th day of March, 1994, 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 William Wright, Code Inspector, Lt. Jeff Kronschnabl and Evangelos Natsis, and viewing the evidence, exhibits submitted, City Exhibits A, Band C, documentation of the violations, photographs of various sleeping areas and occupants in the units on the subject property and a letter of complaint, it is evident violations including lack of adequate heat, improperly installed smoke detectors and apartments occupied by more people than allowed for safe and healthy Jiving conditions exist at 1626 & 1628 Drew Street. (~:) The Conclusions of Law are: Evangelos & Maria Natsis are in violation of Sections 302.5. 302.6, 302.9. 305.7 & 305.13 (Unit 1626) & Sections 302.5 & 302.9 (Unit 16281 Standard Housim' Code. adooted bv Section 49.01 of the Clearwater City Code. It is the Order of this Board that Evanoelos & Maria Natsis shall comply with Sections 302.5. 302.6. 302.9. 305.7 & 305.13 (Unit 16261 & Sections 302.5 & 302.9 (Unit 1628\ Standard Housino Code, adooted bv Section 49.01 of the Code of the City of Clearwater by Aoril 8. 1994. If Evanoelos & Maria Natsis 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 Evanoelos & Maria Natsis 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, successors in interest or assigns of the real property where the violation exists. Upon complying, Evanoelos & Maria Natsis shall notify William Wriqht, 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.' ~ mincb3a.94 3 03/09/94 . L -. .. ~' . .' . .1"',' '+ l '.' ~"" _. ~ ~Ji-VJ 'I ;.... It: c ""'ft.~Jr~ );:":~" Ii)o'/';, . ,~ .. .....J .', c.' < " ~ " ,"t,. ..' .""""\ Should a dispute arise concerning compliance, either party may request a further hearing before I 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 flied 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 wilt not hear oral argument or evidence in determining whether to grant the Petition to Reconsider or Rehear. Case 09-94 Herbert & Jane Wollowick 2789 Gulf To Bay Blvd (Land Development Code) In a memo dated March 7, 1994, License Inspector Barbara Sexsmith stated the alleged violator will be out of town and requested that Case 09-94 be continued to the next meeting. Case 10-94 Arthur T Doyle 1113 Tuskawilla Dr (Land Development Code) In a memo dated March 9, 1994, Code Inspector Rick Rosa stated the alleged violator needs additional time to prepare and requested that Case 10-94 be continued to the next meeting. .:) Member Riley moved to continue Cases 09-94 and 10-94 to the meeting of March 23, 1994. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS OTHER BOARD ACTION I DISCUSSION Case No. 61-92 James A Wooding and Mary l. Wooding 601 N Garden Avenue (Unsafe Building~ Affidavit of Compliance - and - Request to Address Board re fine Questions were raised regarding the amount of the lien, the Jetter requesting to address the board, and the manner in which compliance was obtained. It was indicated on August 26, 1992, compliance was ordered by October 12. 1992. Compliance was obtained on February 8, 1994 and the total fine is $96,600.00. The letter requesting to address the Board was read into the record, stating that the unsafe structure was demolished at the end of January, 1 994. v mincb3a,94 4 03/09/94 l....1..::.,:.. ,if. " .,' .,' c .-') Tom Chaplinsky, Construction Inspections Supervisor, responded to a question, stating that a demolition permit is required to tear down an unsafe structure. Stuart Waterman, Housing Inspector who issued the Affidavit of Compliance, stated he first observed the property was in compliance during a routine inspection of the area on February 8, 1994 and he took a photograph of the cleared lot at that time. He did not know if a demolition permit was issued. Member Riley moved, concerning Case 61-92, to accept the Affidavit of Compliance and approve the request to address the Board. The motion was duly seconded. Member Henegar raised questions whether or not the appropriate demolition permit was obtained, who performed the demolition work and whether or not the contractor was properly licensed. He requested the motion be amended to obtain this information and copies of the permit and license prior to acceptance of the Affidavit of Compliance. Member Riley accepted the amendment. The seconder concurred. Attorney Lance indicated there is no connection between the Affidavit of Compliance and whether the proper permits were obtained. He recommended separating the motion from the request to research whether the appropriate permits were obtained and whether the contractor was properly licensed. Member Riley withdrew the amended motion on the floor. The seconder concurred. ...~,,), \.~ Member Riley moved, concerning Case 61-92, to accept the Affidavit of Compliance and approve the request to address the Board. The motion was duly seconded and carried unanimously. Case No. 05-94 Emil J Metz 1834 Drew Street (Land Development Code - Signs) Affidavit of Compliance Member Riley moved, concerning Case 05-94, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. MINUTES of February 23, 1994 Member Riley moved to approve the minutes of February 23, 1994, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. ADJOURN The meeting was adjourned at 3:50 p.m. u mincb3a.94 5 03/09/94 . . I" L. ". . . I " . ' ;)~:; ":~"'.'". .' \'. . . ".,: u, ~ }: ,. . I ~ "~. ,~ '>",~ > . , :.' I,'. .\ ,: .,. ....... ;'...1 . ..!jt~~:i,~!i\~'!i:~i~;\;))/ ,:i;':?i,;;"',..'/';;'::,"/L ':,,~:; /:'., , . '. :,': i.:) r.' ..'~: ,\ '. < :1 ~ '. : '~Yi:,~:~{',:;;;:/y, :':.;:",:: '. ;,:\.; ::\":" /~;f.. '::<!:'/i;',: '.;:';. i~:,?;,;'/;'f!; :;":"\':"~ ;;'! ;:.,., ;~:.'J'+t}~:i':~~:' .~ <' . II .":l . '- --~~' Chair ~,~~ ~-.:; MUNICIPAL CODe ENFORCEMENT BOARD ATTEST: 'hLU~ ~/<V Secretar~ . I . ) o Q mlncb3a.94 6 03/09/94