Loading...
07/23/1997 (2) .' .I'" , I' " ' c :,' ," ',' , . ' . , '. " ' ,'. ;' , ," . ;.:. . .".",J: ' : ',0,./ '., " " ("< .' '. ", , . " . ," ~c, \ ,.. I,': :.... " " I ' J ~ c . . ,. l .. ~ ' I , _ (, I , ~ ~ . .' , 1.., ,~' 1,. . . '. . , " . ,:' ," , ~A~:'~:::::..~/:'.,~,::::;!;~,I':..t<<;:...~,~;~' "":,, ;;:,:.,.q :::, .' ':. , : ,. . f,.. f: t. ' ,~~, t,'f'f~,~ l7'i,~-l~~].~I....4' I~.~.c'u ,.:. 1 . L ~J""''''',lt'""''''''''I,+'''''''' ,~~'" .' .... ~"".".-.. . , ~). ~ I: '.'1 ':,' ': ' , ri. " , '. " . , MCEB ,/' : "Municipal Code Enforcement Board . Minutes 'i " ' . Date. .. SuI, 'J,j) ( CfCJ 1 . . ; < , . . '. 14o~ ............- < '. , %', . , . . , ' '\, ~ . , , , J,'. . , . '1 , I . ;' . " " ',\,,\i,;,:,,'y:.U:<<t:F',\:" ';', ',', , ~ . :.,,: '.\. 'c":. I I , .' . ' .', ',' , . "'. PUBLIC HEARINGS A. Case 31.97 (Contd. 6/25/97) 'Johnie Blunt 907 Carlton St. (Housing) - Hinson ACTION AGENDA CITY OF CLEARWATER MUNICIPAL CODE ENFORCEMENT BOARD July 23. 1997 A. Withdrawn. B. Case 36-97 (Contd. 6/25/97) Mead Corporation dba Press Stock 2100 Palmetto st. #0 (Occupational License) - Sexsmith B. Withdrawn, complied. C, Case 38-97 (Contd. 6/25/97) Colette C, Pizzarella 712 Edenville (Building) - Wright C. Withdrawn, complied. D. Case 41-97 Angela Burney I Burney and Associates 2481 NE Coachman Rd, #1407 (Occupational License) - Sexsmith D. Withdrawn, complied. 'iff4. O<~ E. Case 42-97 James R. Helms 1232 S. Sedeeva Circle (Building) - (Scott) E. Ordered compliance by 8/23/97. F. Case 43-97 F. No action taken. The Kennel Klub Bar & GrillI Joseph Dettore 1400 Cleveland St. (Occupational License) - Sexsmith G. Case 44-97 G. Withdrawn, complied. William J, Merrall 1959 Edgewater Dr. (Building) - Clarke H. Case 45-97 H. Withdrawn. S & E Contractors. Ine, 1911 Sunset Point Rd, (Building) - Scott I. Case 46-97 I. Withdrawn, complied. Franl< Suarez 401 Marshall St. (Building) - Clarke o CBAG07/97 07/23/97 " ,f, " . ,.,.'..:. "':,' " ~. 'n I ,.' .:.~',',' 4' \~.:::;~':: ,...J',,',' ",.,'." I ..,... :' . ',' ',.. ,,". I:'.: ' I '~'.,.', ";.. ~ .,... '. "',:'" ';: ;, , '" ;;'':\;\(;':L>;i:!.i~;:,: ~}/>~ '. . :.:',' '0".,': ::;: ,: ::;..' ,:,' " :' " ,~,,'\,,'~~",'~':". < "'t., ",.., " ' ".' ,c, .,., f 2. UNFINISHED BUSINESS ~ A. Case 07~97.. Affidavit of Compliance Leonard A. McCue/Overby.s Inc. 18540 U.S, 19 N. (Land Development Code) - King B. Case 12-97 - Affidavit of Compliance John C. Gardner 1024 & 1026 N. Missouri Ave. (Housing Code) - Rosa C. Case 26~97 - Affidavit of Compliance M. R. Pullara 431-433 Mandalay Ave, (Unsafe Building) - Wright D. Case 37~97 - Affidavit of Compliance Chris Drake d.b.a. Coronado Restaurant 217 Coronado Dr. . ' (Occupational License) - Sexsmith 3. OTHER BOARD ACTION/DISCUSSION APPROVAL OF MINUTES 4. ~5. ~f~1 ADJOURNMENT '0'., . . " CBAG07/97 2 .:' . '. "1 . 'J ' A. Accepted. B. Accepted. C. Accepted. D. Accepted. None. Continued to 8/27197. 3:30 p.m. .07/23/97 -",~:","-----"'~'\.I~u.'ilit~. \t,'~;".t;,!.,Jl';"'j.;/"""~':' ~.,..,,: .;.,...,' 'j: ,.,~,,' '. ..,:.,.. _.'., '~"', ' . .' ., . '.M"t\.'''~'''''.~\,{>-l!o;':lt''ll':-i;Il'<:;,;";',G::.'Lu~,&!,,ill..Jbl''.' {,' . ....". .' '..'...,,'. '., " ,.: '. ,', . ...." ., , " ...' ~ ,., ~. ~~~~~~~.~l~.~~~,,':~~,..~'~'~;\fL",:i'l~:':";(p"'::}~ili~~~",:;:',:.i',r>'~"~h.nt.:.~'IJ..:..,.'; ,... '.:-" t.. '~ 1". ,!: ,:y .~'(fi~~::!~'.,~:\ ;:.""" " ~ ~ '., '\' , ' , . ~ . , . " , ", . " .;\ I . \,'" . -' ' ~,.....,..,. . " ,. , ' . , '. . , . , '.', u :,... .,::'...... ' . . '...' '. , . . . "-" "'U'" .';~.-I". i , ' . . ,.... ' . .' '.J. ,'.' " J ',.. , ",', . , ,',,"1 ,;,' , ~' I' ":" , .:'.:..' '.'.....:.... '.:.,:..',..... ',.'...,'~.. ":I:'..:..",:",\'~..~;,l"~'~ \<~.ft":.'.",:"',,\'..,",~., n',. ,:". .,;:,;,' ;''',: ~"'..'.~ .< .',,'.,','.:,' ',,:';,,"; '" ..:. . , ' . I, ..' '~l'::,;<(),>:,':?:",:,~/\,' :::' ;, , I: .', , :j :1, " "r' , " ~ MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER July 23, 1997 Present: Louise C. Riley, Chair Stephen D. Swanberg, Member Dennis Henegar, Member Helen Kerwin, Member Lawrence Tieman, Member Leslie Dougall-Sides, Assistant City Attorney Mark Connolly, Attorney for the Board Mary K. "Sue" Diana, Secretary for the Board Brenda Moses, Board Reporter . Absent; Frank Huffman, Member David Albritton, Member o The meeting was called to order by Chair Riley at 3:00 p.m. in City Hall Chambers, 112 South Osceola Avenue, Clearwater. 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 tot he Circuit Court of Pinellas County. Any such appeal must be filed within thirty (SO) 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. (Cont'd. 6/25/96) Case 31-97 Johnie Blunt 907 Carlton St. (Housing) - Hinson Attorney Dougall-Sides withdrew Case 31-97. The property has a proposed contract for purchase. 8. Case 36-97 (Cont'd. 6/25/97) Mead Corporation d,b.a. Press Stock 2100 Palmetto St. #D (Occupational License) - Sexsmith In a memo dated July 15, 1997, Lt. Jeff Kronschnabl withdrew Case 36-97. o mCB0797 1 07/23(97 ."'.':"", .I'.~.':.;':'; .'....::'..',,,:., ,;" "., '~:~:'''I......:,:.~~~:::...::I:.....:...,',::',.\~.:, ..'1..'....,.,..'. \:,'" :.',"'.':', '.' .' ,'.:,' ; ',", . "::: U'." :..,..:.:'. '.., " c. J- " ',' t] C, Case 41 ~97 Angela Burney/Burney and Associates 2481 N. E. Coachman Rd. #1407 (Occupational License) - Sexsmlth In a memo dated July 1 6, 1997, Lt. Jeff Kronschnabl withdrew Case 41 ~97. D. Case 42-97 James R. Helms 1232 S. Sedeeva Circle (Building) - (Scott) Ms. Diana read the Affidavit of Violation. The date of the official notice of violation was February 28, 1997. Interior and exterior remodeling work was done without permits or inspections. No one was present to represent Mr. Helms, however the return receipt for the Notice of Hearing has been received. tl~ "~ In response to questions from Assistant City Attorney Leslie Dougall-Sides, City Inspector Robert Scott stated he inspected the property on September 16, 1996 and issued a notice of violation and stop work order. While inspecting another property in the area, Inspector Scott noticed work being done without a permit. He posted the notice on the door of the residence. Major work which included new exterior walls and doors and drywall on the interior of the property was taking place. He stated he was unable to gain access to the interior of the property, but could clearly see interior remodeling in process through the window,s. Inspector Scott stated he has made numerous attempts to contact Mr. Helms during various hours of the day but has been unsuccessful. The property was reinspected today and it is in the same condition as it was in September of 1996. Inspector Scott took photographs of the property on September 16, 1996. Ms. Dougall~Sides submitted City's Exhibits 1 - 6. Mr. Scott recommended the property be brought into compliance by obtaining a permit by a licensed contractor within 30 days. He suggested a $250 a day fine for noncompliance. Member Swanberg moved the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 23, 1997, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT < After hearing testimony of Code Inspector Robert Scott (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 - notice of violation; Ex. 2 ~ affidavit of service; Ex. 3 - affidavit of violation & request for hearing; Ex. 4 ~ notice of hearing; Ex. 5 - cited code sections; and Ex, 6 - composite photographs dated 9/16/96), it is evident the property is in violation of the City code in that interior and exterior remodeling work is being done without o permits or inspections. mCB0797 2 07/23/97 ,. ..... '-''V . ~ J":, ""\""'H.I;"I~:t ~:;., l I"l H::!;,l.'~,"t,~~~~\'~'~:.', '. ~{:"~". ~.~ 'I.'; '.' I ~,.._..!!; '.", ...... ".;\:..'>:,"" ......................,..:'....',:< ...... '~'.. .......,. ',.' .... ",- '.' ,:',' . .f" '.. , , ' '. ,,' ,', I ' \, . U . , I ~ '. ' ' .' \ \, , ORDER i' 'I" "". :i':' Ie" '.. < : l: I>' :1..~., : ... 'j " . i'J CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections Chapter 47, Article IV, Sections 47.081 and 47.083(2) and Article V, Section 47.111 of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). It is the Order of the Board that the Respondent is to correct the, aforesaid violation by August 23, 1997. The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. . In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before August 23, 1 997, the Respondent may be ordered to pay a fine in the amount of two hundred and no/100 dollars ($ 200.00) per day for each day the violation continues beyond August 23, . 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 1 62 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. E. Case 43-97 The Kennel Ktub Bar & Grill/Joseph Dettore 1400 Cleveland St. (Occupational License) - Sexsmith Attorney Dougall-Sides noted no service has been obtained for Case 43-97. No action was taken by the Board. o mCB0797 3 07/23/97 .~.. OCcT~ ..........(.\...k......~, ~,'~. ,~;.:..' q" .~~~..~ ~;,,". ~:.j In ...~~;:~ . ,. i' ',.,,: , I:,.~.,:. .":' : ':>: . i~ F. Case 44-97 William J. Merrall 1959 Edgewater Dr. (Building) - Clarke In a memo dated July 11, 1997, Inspector Greg Clarke withdrew Case 44-97 as the property Is now in compliance. G. Case 45-97 5 & E Contractors, Inc. 1 911 Sunset Point Rd. (Building) - Scott Assistant City Attorney Leslie Dougall-Sides noted the City has not obtained service for Case 45-97. Janelle Moore and Robert Golden were present to represent the Respondent. Ms. Diana read the Affidavit of Violation. The official date of notice of violation was February 26, 1997. A chain link fence had been installed in violation of City Code. Board Attorney Mark Connolly asked if Ms. Janelle Moore and Mr. Robert Golden wanted to proceed with the hearing as proper service had not been obtained per Florida Statute. They agreed to proceed. ,(:) I . "L~~t Mr. Golden explained that S & E Contractors, Inc. is a defunct corporation. He has worked as a consultant on behalf of the contractors, and represents Fireman's Fund Insurance Company. He noted the fence was part of the construction contract. Ms. Janelle Moore stated she was given authority by Dean Acres, the President of S & E Contractors, Inc. to represent them. She is closing the books for the company, and presently works for another company. Ms. Moore noted she had not received the Notice of Hearing until Friday, since it had to be forwarded to another address. Attorney Dougall-Sides explained this property is owned by the county, but the county was not cited for the violation. Discussion ensued in regard to the county hiring S&E Contractors to put the fence around the retention pond. It was suggested the City withdraw the case and pursue it with the county. Attorney Dougall-Sides withdraw Case 45-97. ,H. Case 46-97 Frank Suarez 401 Marshall St. (Building) - Clarke In a memo dated July 23, 1997, Inspector Greg Clarke withdrew Case 46-97 as the property is now in compliance.' o mCB0797 4 07/23/97 .. . u.....,., "' .',t", '.'., ,,',;.".'. \:"".;..",;:; ,; '~::-',l":, . .' "0, ",):, i,,,.,,;,,:';:,/<:'.i; ;:\., ,;': .',' '.... ": ,',.. '," ", .,' :..... ':'.". ,~,:. ,j...,..+:,.,..} .::~ ',~.,'+ ~'.~ ,'.:.'. .:. ", ~. '~. ,I' ". " . ',' .' ",' ,:: " :> i',:'. ':".Y'::,.;~.w/~r'\if!;'!iii~:};~:f(:';':.':':,~." ::. .;:'". ;.:,.': :)'.... .::{ (' ;:~ <'..';...., . . ". " , " " t)' ... .t~{ 2. UNFINISHED BUSINESS A. Case 07~97 - Affidavit of Compliance Leonard A. McCue/Overbv's, Inc. 18540U.S.19N. (Land Development Code) - King B. Case 12-97 - Affidavit of Compliance John C. Gardner 1024 & 1026 N. Missouri Ave. (Housing Code) - Rosa C. Case 26-97 - Affidavit of Compliance M. R. Pullara 431-433 Mandalay Ave. (Unsafe Building) - Wright Member Swanberg moved to accept'the Affidavits of Compliance for Cases 07-97, 12~97, and 26-97. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION - None. 4. APPROVAL OF MINUTES ~ June 25,1997 o. Approval of the minutes of June 25, 1997 was continued to the next meeting. 5. ADJOURNMENT The meeting adjourned at 3:35 p.m. Attest: ~P.~ Municipal Code Enforcement Board . .~~ he Board 1\ o mCB0797 5 07/23/97 - ;.....' \ , ._Lu..........'Ir-iIobn.ll/'f..IoN...ldi-l(J.;..~i\..ti....\~,.:>~:~~.~...-..~/.,. ...~,'~cH..ic:c "I /,~.l...) .c~:~::,.~l:,',').. .\",~I. n,'~.<: " '..' ~ ,'."I'~ '~..'..,,~ ,.1,: '.. ,......~..........i:&:~Ai.l"}.V~i>-T.~...~.~"cjl.~.;,.'t;;."It.'\~~},..(.,'."I'4.~..~."J"..~..H..r.~'~.I'il.,J~\I:\ ',' .' / <...< I '. ~ ,";" ,t! '..'l,'~l~,~~,~it.~\'L'\,~....I'< . .. '.~ ,~~ ~. ~':'~rr\, ~~~~~'(f~:~'4t~c~~~~~;~~;,ij~t~.~i~t;ifi;.t;:j~f~+.4/"&..W~'::.\:: '.:.~, ;,'.;'/' :. ',; >,<c ::'~~,':\\rr ,:..~,;;.;~.':t;..'.~;'tJ/.:J)":l.:: ~ ',,:,.' ".;.'", " ' .',.. ::_" .... .'. ':,'.',' '::':(':, ..\'.::...... ..",: ",. '~~I' "., ,', 'U'~',' '...: .,.',,' '....:", <,,' c.::,,'."'.: . , . .',..' ,';, ' 'I" , U . ,...,., .' .,'. . j.' .'< ~ . \" . l '. . "" . . . '~ . '