03/26/1997 (2)
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Municipal Code Enforcement Board
Minutes
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1. PUBLIC HEARINGS
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
HARBORVIEW CENTER
March 26, 1997
A. (Contd. 2/26/97) Case 07-97 A. Continued to 4/23/97.
Leonard A. McCue/Overby's Inc.
18540 U.S. 19 N.
(Land Development Code)
B. (Contd. 2/26/97) Case 09-97 B. Withdrawn; complied prior.
Waters Edge Homeowners Assn. Inc.
1822 Montclair Rd.
(Environmental)
C. (Contd. 2/26/97) Case 10-97 C. Withdrawn; complied prior.
Moorings of Sand Key Homeowners Assn. Inc.
Moorings of Sand Key, Gulf Boulevard
(Environmental)
D. Case 11-97 D. Withdrawn.
Rosa S. Jones
1032 N. Missouri Ave.
(Housing Code)
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E. Case 12-97
John C. Gardner
1024 & 1026 N. Missouri Ave.
(Housing Code)
E. Ordered compliance within 60 days (5/25/97).
F. Case 13-97
Ronald A. Hadley
1148 1/2 LaSalle St.
(Housing Code)
F. Ordered compliance within 30 days (4/25/9').
G. .Case 14-97
Discount Auto Parts
1690 N. Myrtle Ave.
(Environmental)
G. Continued to 4/23197.
H. Case 15-97
Larry Cooper
1201 Gulf Blvd.
(Life Safety)
H. Withdrawn; complied prior.
I. ,Case 16-97
Les Spits
432 Cleveland St.
(Life Safety)
I. Continued to 4/23/97.
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03/26/97
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2. UNFINISHED BUSINESS 2.
A. Affidavit of Compliance A. Accepted.
~ Case 01-97
Duane & Marian Jung
2140 Calumet St.
(Life Safety) Fire ExtingUishers
B. Affidavit of Non/Compliance B. Accepted; issued order imposing fine.
Case 01-97
Duane & Marian Jung
(Life Safety) Sprinkler System
3. OTHER BOARD ACTION/DISCUSSION 3. None.
4. APPROVAL OF MINUTES - February 26, 1997 ' 4. Approved as corrected.
, 5. ADJOURNMENT 5. 3:45 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
March 26.1997
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Present:
Louise C. Riley, Chair
Dennis Henegar, Member
. Helen Kerwin, Member
Lawrence Tieman, Member
Frank Huffman, Member
,Leslie Dougall-Sides. Assistant City Attorney
Mark Connolly. Attorney for the Board
M. Kathryn Diana, Secretary for the Board
Brenda Moses, Board Reporter
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Absent:
Stephen D. Swanberg, Member
Peg Rogers, Member
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The meeting was called to order by Chair Riley at 3:00 p.m. in the Commission
Chambers at City Hall. In order to provide continuity for research, the Items will be
listed in agenda order although not necessarily discussed in that order. 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 (30) days of the execution
of the order to be appealed. She 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.
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1. PUBLIC HEARINGS
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A. 07-97 (Cont'd 2/26/97)
Leonard A. McCue/Overby's Inc.
18540 U. S. 19 N.
(Land Development Code)
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Secretary for the Board Kathryn Diana, read the Affidavit of Violation into the
record.
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Assistant City Attorney, Leslie Dougall-Sides noted Case 07"97 had been
presented at the last meeting. The alleged violator had an opportunity to address the
Board. This Board allowed the owner time to apply for a conditional use or to come into
compliance. Inspector Janice King stated there has been no contact between staff and
the property owner regarding application for a conditional use.
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Attorney Howard Ross, representing Overby's, Inc. stated the application has
been prepared for submission to the property owner for his signature. Mr. Ed Jablon,
operator of Overby's Inc., stated Mr. Leonard is reviewing the paperwork and requested
another 30-day extension.
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In response to a question, Ms. Dougall.Sides noted that the Planning & Zoning
Board normally meets the first and third Tuesdays of the month. It was suggested
giving the owner 45 days to comply. According to the rules and procedures of thIs
Board, Overby's Inc. can be continued to the next Municipal Code Enforcement Board
meeting, at which time it will be determined whether Overby's is attempting to comply
with this Board's findings.
Member Tieman moved to continue Case 07.97 to meeting of April 23, 1997.
The motion was duly seconded and carried unanimously.
B. (Contd. 2/26/97) Case 09.97
Waters Edge Homeowners Assn. Inc.
1822 Montclair Rd.
(Environmental)
In a memo dated March 25,1997, Environmental Inspector Rick Albee withdrew
Case 09.97 as the property is now in compliance.
C, (Contd. 2/26/97) Case 10-97
Moorings of Sand Key Homeowners Assn. Inc.
Moorings of Sand Key, Gulf Boulevard
(Environmental)
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In a memo dated March 18, 1997, Environmental Inspector Rick Albee withdrew
Case 10.97 as the property is now in compliance.
D. Case 11.97
Rosa S. Jones
1032 N. Missouri Ave.
(Housing Code)
In a memo dated March 20. 1997, Building Construction Inspector Rick Rosa
withdrew Case 11.97 as the owner has decided to apply to Clearwater Neighborhood
Housing Services for assistance. They will be taking the necessary steps to ensure
future compliance.
E. Case 12.97
John C. Gardner
1024 & 1026 N. Missouri Avenue
(Housing Code)
Ms. Diana read the Affidavit of Violation into the record. No one was present to
represent the alleged violator. '
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In response to questions from Attorney Dougall-Sides. City Inspector Rosa
stated this property has a history of problems. The lot contains two buildings, one of
which is vacant. Upon inspecting the property, Inspector Rosa said a large portion of
the e~terior siding was missing and there were structural problems. There was also roof
damage. He cited minor violations regarding windows, screens, and paint. Another City
mCB03.97
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Inspector had previously requested entry to the property to no avail. Ms. Dougall-Sides
submitted City's Exhibit 6, photographs taken on January 6, 1997.
Inspector Rosa noted the vacant structure Is not secured and has plumbing
problems. An inspection report was issued on January 7, 1997 to Mr. Gardner. The
certified mail return receipt was received on January 9, 1997. Property ownership was
determined through the property appraiser's office. Once the property was vacated at
the first of the year, he was once again notified through his secretary. The property was
reinspected in February of 1997 and was not in compliance. Mr. Rosa noted the City
has no record of Mr. Gardner applying for permits to perform work.
In response to a question, Mr. Rosa stated he discussed with the City Building
Official the procedures for citing an unsafe building structure. Upon a determination by
this Board that a violation exists, Inspector Rosa can submit to the City Building Official
that the vacant portion of the structure is "unsafe". Inspector Rosa recommended the
owner be issued the maximum fine should noncompliance continue. Normally, obtaining
permits and a contractor should take no more than 30 days. Ms. Dougall-Sides
submitted Cityts Exhibit 1 through 6. Inspector Rosa stated he did not believe Mr.
Gardner would consider rehabilitating the property due to the costs involved. Attorney
for the Board, Mark Connolly, noted the purpose of this Board is to determine whether
the owner is in violation, give him a certain amount of time for compliance and set a
specific fine.
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In response to a question, Mr. Rosa stated Mr. Gardner has made no effort to
work with the City to remedy the situation.
Member Kerwin moved that concerning Case 12-97. The Municipal Code
Enforcement Board has heard testimony at its regular meeting held on March 26, 1997,
and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order
as follows:
FINDINGS OF FACT
After hearing testimony of Rick Rosa, Code Inspector, (the respondent was
not present and had no representation) and viewing the evidence, City Exhibits 1-6
(Ex. 1 - cited code section; Ex. 2 - housing inspector's report; Ex. 3 . ownership
verification; Ex. 4 - affidavit of violation & request for hearing; Ex. 5 - notice of
. hearing; and Ex. 6 - photos of condition of property), it is evident sections of the
standard housing code have been violated as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 305.1,
305.2, 305.3, 305.3.1, 305.3.2, 305.5, 305.7, 305.13, 305.14, 305.23,
305.23.1, 305.23.2, Standard Housing Code, as adopted by Section 49.01 of the
Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy
the cited vlolation(s).
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ORDER
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It is the Order of the Board that the Respondent is to correct the aforesaid
violation(s} within 60 days (May 25, 1997). The burden shall rest upon the
Respondent to request a relnspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation(s) are found, in subsequent proceedings
by this Board, not to have been corrected on or before May 25, 1997, the
Respondent may be ordered to ,pay a fine in the amount of two hundred fifty and
no/100 dollars ($250.0Q) per day for each day the violation{s) continue(s) beyond
May 25, 1997.
If Respondent 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 Respondent pursuant to Chapter 162 of the Florida
Statutes.
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Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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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.
F. Case 13~97
Ronald A. Hadley
1148 1/2 LaSalle St.
IHousing Code)
Ms. Diana read the Affidavit of Violation Into the record. No one was
present to represent the alleged violator.
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In response to a question, City Inspector Freddie Hinson stated the City
received a complaint from a tenant. The property is a cement block two-unit
duplex. Upon inspection of the property in September of 1995, the electrical
service was found to be inadequate. The owner was contacted about the violation,
at which time he had the tenant move out. The owner then put the property up for
sale. In May 1 996, the property was reinspected and Mr. Hadley had moved in
another tenant without correcting any of the pre-existing violations. The major
violations stemmed from the electrical service panel, which was not capable of
suppqrting the load placed upon it. There still was no heat to the units. A stop
work order was issued to Mr. Hadley because he had made an agreement with some
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ORDER
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of the tenants to do some plumbing and electrical work to the property without
proper licensing in exchange for rents. The tenants were not licensed contractors.
Mr. Hinson noted he spoke to Mr. Hadley on several occasions. Mr. Hadley
indicated he had a lack of financial resources to repair the property. Mr. Hadley
actually had from 1995 to 1997 to remedy the situation. Earlier this week,
yesterday and this morning Mr. Hinson took photographs of the property. Mr.
Hadley hired an electrical contractor recently. The electrical service in the rear
apartment has been upgraded, but there have been no final inspections. In response
to questions, Mr. Hinson noted that Mr. Hadley tends to not perform work in a
timely fashion.
In response to a question, Mr. Hinson stated the violation is for the rear unit.
The City could not gain access to the other unit. He noted a hot water heater was
installed without a permit.
Ms. Dougall-Sides introduced City's Exhibits 1 through 7. Inspector Hinson
noted that Mr. Hadley has not been cooperative. Several phone calls have been
made to him and there is no record the proper permits have been obtained for the
minimal amount of work that was done for the electrical work and plumbing. He
recommended that the City impose a fine of $250 per day for each day the violation
continues to exist.
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Attorney Connolly noted the City has obtained service for Mr. Hadley for
today's hearing.
Member Kerwin moved that concerning Case 13-97, the Municipal
Code Enforcement Board has heard testimony at its regular meeting held on March
26, 1997, and based on the evidence issued its Findings of Fact, Conclusions of
Law, and Order as follows:
The Municipal Code Enforcement Board has heard testimony at its regular
meeting held on March 26, 1 997, and based on the evidence issued its Findings of
Fact, Conclusions of Law, and Order as follows:
FINDINGS OF FACT
After hearing testimony of Freddie Hinson, Code Inspector, (the respondent
was not present and had no representation) and viewing the evidence, City Exhibits
1-7 (Ex. 1 - cited code section; Ex. 2 - housing inspector's report; Ex. 3 - ownership
verification; Ex. 4 - notice of violation and stop work order; Ex. 5 - affidavit of
violation & request for hearing; Ex. 6 - notice of hearing; and Ex. 7 - photos of
conditions of property), it is evident sections of the standard housing code have
been violated as read into the record.
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03/26/97
ORDER
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CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 302.5,
303.4, 302.1, 302.4, 302.6, 302.9, 305.7, 305.12, 305.13, 305.14, 305.16,
305.20, 305.21, Standard Housing Code, as adopted by Section 49.01 of the Code
of the City of Clearwater, Florida, in that the Respondent has failed to remedy the
cited violation{s).
It is the Order of the Board that the Respondent is to correct the aforesaid
violation{s) within 30 days (April 25, 1997). The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order.
In the event the aforesaid violation{s) are found, in subsequent proceedings
by this Board, not to have been corrected on or before April 25, 1997, the
Respondent may be ordered to pay a fine in the amount of two hundred fifty and
no/100 dollars ($250.00) per day for each day the violation{s) continue(s) beyond
April 25, 1997.
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If Respondent 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 Respondent pursuant to Chapter 162 of the Florida
Statutes.
Should the violation reoccur, the Board has the authority to impose the fine
at that time without a subsequent hearing.
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.
G. Case 14-97
Discount Auto Parts
1600 N. Myrtle Avenue
(Environmental)
In a letter dated March 1 B, 1997, Ms. Jan Kirkland of Discount Auto Parts'
corporate office, requested Case 14-97 be continued to the meeting of April 23,
1997.
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Member Henegar moved to continue Case 14-97 to the meeting of April 23,
1997. The motion was duly seconded and carried unanimously.
H. Case 15-97
Larry Cooper
1201 Gulf Blvd.
(Ufe Safety)
NOW Fire Inspector Anne Downes Blackburn withdrew Case 15-97 as the property
is ftet In compliance.
J. Case 16-97
Les Spits
432 Cleveland Street
(Life Safety)
In a memo dated March 2011997, Fire Marshall James Goodloe requt!sted Case
1,6~97 be continued to the meeting of April 23, 1997.
Member Henegar moved to continue Case 16-97 to the meeting of April 23,
1997. The motion was duly seconded and carried unanimously
2. Unfinished Business
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A.
Affidavit of Compliance (Fire Extinguishers)
Case 01-97
Duane & Marian Jung
2140 Calumet 51.
(Life Safety)
Member Kerwin moved to accept the Affidavit of Compliance for Case 01-97
regarding the fire extinguishers only. The motion was duly seconded and carried
unani~ously .
B. Affidavit of Non-Compliance (Fire Sprinkler System)
Case 01-97
Duane & Marian Jung
(Ufe Safety)
Member Kerwin moved to accept the Affidavit of Non-Compliance and issue the
Order imposing the fine for Case 01-97 regarding the fire sprinkler system only. .The
motion was duly seconded and carried unanImously.
.3. Other Board Action/Discussion - None.
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4.
Approval of Minutes
Chair Riley noted Member Rogers was not in attendance and Member Swanberg
was not the chair at the March 26, 1997 meeting. The minutes will be amended to
reflect the changes.
Member Tieman moved to accept the minutes as amended. The motion was
duly seconded and carried unanimously.
5. Adjournment.
The meeting adjourned at 3:55 p.m.
Attest:
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Chairman
Municipal Code Enforcemen
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, Secre ry to e. Board .
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