01/08/1997 (2)
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BAA
BLDG & FLOOD
Board of Adjustment & Appeal
, on Building & Flood
Minutes
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Present:
John H. Logan. Jr. Chair
Edward H. Walker, Jr.Board Member
Pankaj Shah Board Member - arrived 2:05 p.m.
Michael D. Corcoran Board Member
Carroll Nail, Jr. Board Member
Vic Chodora Central Permitting Assistant Director
Freddie Hinson Building Construction Inspector I
Patricia O. Sullivan Board Reporter
A
BOARD OF ADJUSTMENT AND APPEAL ON BUilDING/FLOOD CONTROL
CITY OF CLEARWATER
January 8, 1997
The Chair called the meeting to order at 2:00 p.m. at the Municipal Services Building.
To' provide continuity for research, Items are in agenda order although not necessarily
discussed In that order.
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ITEM #1 - (Cont'd from 12/11/96) 1604 N. Osceola Avenue. Clearwater. Florida. Owners-
John & Emilv Izzo. Representative - James R. Ficken. Jr. - Appealing the findings of a standard
housing report. Located at Marshall's E. A. Sub. part of Lots 29 & 30.
On December 11, 1996, the BAABF (Board of Adjustment & Appeal on Building/ Flood
Control) continued James Ficken's appeal to invalidate the September 23, 1996, code violation
report. Central Permitting Assistant Director Vic Chodora said the Legal Department had
recommended the BAABF hear this appeal as Mr. Ficken had made a deposit on the property
and had a signed contract to purchase the property. According to Pinellas County, the Izzos
are the property owners and are responsible for property taxes.
Major and minor violations cited in the September 23, 1996, report include a broken
sewer cteanout cap. deteriorated window frames, damaged or missing window screens, lack of
exterior surface protection, two sets of unsafe, deteriorated stairs leading to upper units,
inoperable refrigerator and stove burners, deteriorated and inoperable front door, deteriorated
floors. pest infestation, and a deteriorated ceiling.
Mr. Ficken, Representative, said he had requested this meeting be moved to a neutral
site, such as the Main Library. Mr. Chodora indicated the site could not be changed after notice
was sent.
Mr. Ficken distributed copies of letters from his tenants, stating their satisfaction with the
condition of their units. It was noted tenants are not experts and the board cannot consider
their opinions. Mr. Ficken also distributed a copy of his July 17, 1996, letter to Mayor Garvey
expressing concern that current zoning will not permit 6 apartments on the property and that
staff had acted maliciously and unreasonably by not approving work done by an electrician he
had hired. Mr. Ficken said City inspectors visited his property 10 times between July 16, 1996,
and December 3, 1996, while Ignoring infractions on nearby properties. He said some
inspections were based on unfounded complaints. He stated he once asked Building
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Construction Inspector Fred Hinson to leave his property, indicating the inspections were
harassing and intimidating. Mr. Ficken said his property was inspected after each of three
disagreements be had with the Central Permitting department. He accused the department's
director of directing staff to inspect his property "with a fine tooth comb." He said the City's
housing officials had treated him unfairly and requested BAABF invalidate the City's September
Housing Inspector's Report because it resulted from "iIIegalll inspections.
Central Permitting Assistant Director Vic Chodora reviewed BAABF's responsibilities.
He said allegations regarding harassment or illegal access should be addressed in a court of
law. The City has the right to inspect properties if inspectors see a violation. A housing
inspection was ordered after staff noticed infractions when inspecting electrical work. Mr.
Ficken said BAABF is responsible for everything related to code variances. Mr. Chodora
reported staff had suggested Mr. Ficken contact an attorney regarding the legality of City
inspections. It was felt this request is outside the board's jurisdiction, noting BAABF has never
considered the validity of housing inspector's reports.
Mr. Hinson said the CRT (Community Redevelopment Agency) is proactive and is
sweeping designated Brownfield areas to identify code violations. The CRT works with property
owners to bring properties into code. Mr. Hinson distributed photographs of the property,
identifying violations listed in the September 1996, report. Staff returned after 30 days and
found no work had been done to correct the violations. Staff continued to monitor the property
for compliance. Work done on the property violates code regulations which require investment
property owners to hire licensed contractors and obtain permits to repair major violations.
(~~ In response to a question, Mr. Chodora said the CRT is proactive and currently is
addressing the S. Ft. Harrison neighborhood, door~to-door. The CRT also responds to
complaints. For the past 2 ~ years, the CRT has operated a similar program in the North and
South Greenwood neighborhoods. On September 25, 1996, a copy of the housing inspection
report was sent to the Izzos as property owners. Mr. Ficken said other neighborhood properties
have code violations.
In response to a question. Mr. Chodora said if a property owner does not comply with
the report and correct all violations, the MCEB (Municipal Code Enforcement Board) will hear
the case. MCEB is authorized to fine a property owner up to $250 per day if they agree
violations exist. Mr. Ficken said the housing code empowers BAABF to reject inspections. It
was stated BAABF can extend the time needed to correct violations but cannot rule on an
inspection's validity. It was indicated violations must be corrected even when infractions exist
on nearby properties. It was felt BAABF cannot consider if CRT procedures are selective. It
was suggested Mr. Ficken seek relief for his harassment allegations through the court system.
Mr. Ficken said some of the infractions cited in the report are not code violations, some
of the violations do not exist, and the rest were corrected. Concern was expressed that
photographs in the report indicate stairways to second floor units are not anchored properly.
Mr. Ficken distributed photographs to the board as proof all violations cited In the report had
been repaired or do not exist. The photographs were not submitted for the record. He pointed
out he is not required to provide screens for air-conditioned units nor refrigerators if they are
excluded from the lease. He said deterioration around the windows has resulted in no leaks or
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structural problems. He said he is not required to use a licensed contractor or pull permits for
minor work. Mr. Chodora said five violations were rated "major." Mr. Ficken said a neighbor
did significant repairs without licensed contractors.
Mr. Ficken was asked if he would allow another inspection to assure the City the repairs
are satisfactory. He felt City staff would not be fair. He said he would agree to an independent
inspection, suggesting the City pay for it. It was recommended that Mr. Ficken address his
harassment allegations through the courts. It was suggested Mr. Ficken hire an engineer or
architect to perform the inspection in place of City staff.
In response to a comment, Mr. Chodora said most property owners schedule an
appointment with the inspector to address issues of disagreement in the housing inspector's
report. He reviewed the time schedule to correct violations, noting the inspector can extend the
time limit to 120 days without coming before BAABF.
Consensus was to not dismiss any of the violations listed in the September 23, 1996,
Housing Inspector's Report regarding 1604, 1604 ~ N. Osceola Avenue.
Mr. Ficken expressed concern City inspectors will search for other violations when
examining these repairs. Mr. Chodora indicated the property was tagged for an MCEB hearing
because work was done without permits. It was suggested Mr. Ficken discuss concerns with
the inspector. It was noted inspectors do make mistakes but they can be corrected. Mr.
Chodora said stairway repairs are rated "major" as stairs are essential for egress, representing
a life and safety issue. It was suggested Mr. Ficken discuss the report with Mr. Chodora who
will explain why violations are rated "major. II It was stated BAABF cannot rule on an
inspection's validity and cannot determine if repairs are complete without an inspection.
Member Walker moved that the Board of Adjustment & Appeal on Building/Flood Control
does not find it within their authority to act upon Mr. Ficken's request to invalidate the Housing
Inspector's Report concerning property at 1604, 1604 % N. Osceola Avenue. The motion was
duly seconded and carried unanimously.
ITEM #2 - Approval of Minutes
Mr. Ficken referred to page 1, paragraph 3, and requested the minutes reflect his
citation of City code.
Consensus was to amend sentence 3 to read, IIMr. Ficken said Code 47.0355 and
49.0264 requires mailing notice of BAABF meetings 10 days in advance and that notice was not
mailed within that time frame. Mr. Chodora said that is not the case. Mailings are done as a
courtesy."
Member Nail moved to approve the minutes of the regular meeting of December 11,
1996, as amended. The motion was duly seconded and carried unanimously.
ITEM #4 -Pending Matters - None.
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The meeting adjourned at 3:07 p.m.
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Member Nail moved to approve the minutes of the regular meeting of December 11,
1996, as amended. The motion was duly seconded and carried unanimously.
itEM #4 -Pending Matters - None.
ITEM #5 - Adiournment
hair
Board of Adjustment and Appeal on
Building/Flood Control
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