11/12/1997 (2)
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,Municipal Code Enforcement Board
Minutes
Date
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~. PUBLIC HEARINGS
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
November 121 1997
A. Case 49~97 (cont. from 9/24 & 10/22/97)
Daniel J. Mehler
305 Pennsylvania Avenue
(Housing) - Hinson
A. Comply within 60 days or $250/day,
B. Case 60-97 (cont. from 10/22/97)
Leonardo A. Pagnotta
600 Wildwood Way
Units 102, 106, 205, 206 & 208
(Housing) ~ Hinson
B, Comply within 10 days or $250/day.
C. Case 53w97 (cont. from 10/22/97)
Todd F, Hertzberg
1013 Magnolia Drive
(Housing) - Hinson
Request to Cont. to 12/10/97
C, Continued to 12/10/97,
o
D, Case 56-97
Scott A. Swisher
5 S, Highland Avenue
(Land Development Code) - King
0, Continued to 12/10/97.
E. Case 66-97
"han M. Bilgutay
608 Spruce Avenue
(Housing) - Hinson
Request to Cont. to 12/10/97
E. Continued to 12/10/97.
2.
UNFINISHED BUSINESS
2, None,
3.
OTHER BOARD ACTION/DISCUSSION
3.
A, B.P. Horizon, Inc.lGreg A. Nowak A. Reduced lien to $16,900.
Request to address board re reduction of fine
Cases 14-92 & 80-93 --1364 Pierce Street
4.
APPROVAL OF MINUTES w 10/22/97
4. Approved as submitted.
6.
ADJOURNMENT
_ 5. 4:07 p,m.
o
CBAG11/97
11/12/97
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
November 1 2, 1997
Present:
Helen Kerwin, Vice-Chair
Dennis Henegar, Member
Lawrence Tieman, Member
David Allbritton, Member
Frank Huffman, Member
Mary Rogero, Member
William Plouffe, Member
Mary K. "Sue" Diana, Secretary for the Board
Brenda Moses, Board Reporter
The meeting was called to order by Vice-Chair Helen Kerwin at 3:00 p.m. in
City Hall Chambers, 112 Osceola Avenue, Clearwater. In order to provide continuity
or research, the items will be listed in agenda order although not necessarily
discussed in that order. The Vice-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 130) 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.
E~
1.
PUBLIC HEARINGS
A. Case 49-97 (Cont'd from 9/24 & 10/22/97)
Daniel J. Mehler
305 Pennsylvania Avenue
(Housing) - Hinson
At the last meeting Mr. David Getchell stated he recently purchased the
property from Daniel J. Mehler. He indicated he had only received notice of the
hearing on the day of the meeting and opted to continue this case to November.
Since the property appraiser's records did not reflect the change of ownership, Mr,
Getchell was asked to bring proof of ownership to the next meeting.
Secretary for the Board Diana read the Affidavit of Violation & Request for
Hearing. The property remains in violation of the Standard Housing Code after
notification of compliance time. Ms. Diana noted the City has an affidavit of service
dated October 31, 1997. No one was present to represent Messrs. Mehler or
Getchell.
In response to questions from Assistant City Attorney leslie Dougall-Sides,
City Inspector Fred Hinson stated he initially inspected the property several months
ago. The property consists of a single family dwelling and is tenant-occupied. Mr.
Hinson noted David Getchell indicated at the last meeting he was purchasing the
o property from Daniel J. Mehler. Mr. Hinson has attempted unsuccessfully to
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contact Mr. Getchell or Mr. Mehler. The notice of hearing along with the
appropriate attachments were left at the subject property on, October 31, 1 997.
Upon inspection of the exterior of the property, Mr. Hinson said windows are
deteriorating, skirting is missing, the front entry and rear entry doors are
deteriorated, the roof is a major violation, and there is building debris surrounding
the property. He was unable to access the interior of the property. Mr. Getchell
was referred to CNHS (Clp.arwater Neighborhood Housing Services) for financial
assistance with roof repairs. Mr. Getchell did not follow up with CNHS. In
response to questions, Mr. Hinson said Mr. Getchell was to provide the board with
evidence of property ownership but to date has not done so. According to property
records, the property remains in Daniel J. Mehler's name and any judgment of this
board must be against the current property owner.
Ms. Dougall-Sides introduced City Exhibits 1-4 including photographs of the
property.
Member Tieman moved that concerning Case 49-97, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on November 12,
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 Freddie Hinson and David J.
~, Getchell (present only at October 22, 1997 meeting), who indicated he is the new
~'r owner of the property (Property Appraiser records reflect Daniel J. Mehler as current
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owner; he was not present at either meeting), and viewing the evidence, City
Exhibits 1-4 (Ex. 1 - notice, of violation; Ex. 2 - verification of property ownership;
Ex. 3 - affidavit of violation & request for hearing and affidavit of service with
attachments; and Ex. 4 - photographs dated 11/1 2/97), it is evident the property is
in violation of the Standard Housing Code.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections
305.3.2, 305.12, 305.14, 305.23, 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(sl.
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 60 days (January 11, 1998). 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 January 11, 1998, the
o Respondent may be ordered to pay a fine in the amount of two hundred fifty and
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f~ no/100 dollars ($250.00) per day for each day the violation continues beyond
~ January 11, 1998.
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.
B.
Case 50-97 (Cont'd from 10/22/97)
Leonardo A. Pagnotta
600 Wildwood Way
Units 102. 106.205, 206 & 208
(Housing) - Hinson
o
Ms. Diana read the Affidavit of Violation & Request for Hearing. The
property remains in violation of the Standard Housing Code after notification by of
compliance time. Violations cited are for Units 102, 106. 205, 206. and 208. No
one was present to represent Leonardo Pagnotta.
Ms. Dougall~Sides said at the October meeting. Units 103, 104 and 105
were found in violation. Mr. Pagnotta had stated at that meeting he was not aware
of violations being cited for Units 102, 106. 205, 206 and 206. He indicated he did
not receive a complete housing report, therefore the board continued the case to
today's meeting.
o
In response to questions, Inspector Hinson said he serviced the subject
property following last month's meeting. Mr. Pagnotta was also handed the Notice
of Hearing for Units 102, 106, 205, 206 and 208 and the complete housing report
at the October meeting. He said Unit 102 had major electrical violations. Electrical
wiring from a previous garbage disposal unit under a kitchen cabinet was left
improperly terminated; Unit 106 was missing a smoke detector and electrical
faceplate covers, receptacles were worn, ceiling cracks and breakage from a
previous plumbing leak and leaking bathtub fixtures were evident; Unit 205 had
electrical problems under the kitchen cabinet; Unit 206 had missing and damaged
switchplate covers, bathtub fixtures and waste pipes were leaking; Unit 208 has an
improperly wired water heater and missing cover, a leaky toilet and clogged drains.
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There are 18 units which are all occupied. Mr. Hinson said Mr. Pagnotta left a
message yesterday on his voice mail stating he was sick and could not attend
today's meeting. Mr. Hinson left him a message to call the City's legal Department
to reschedule a hearing. Ms. Dougall-Sides said to her knowledge no message was
received from Mr. Pagnotta.
In response to questions, Mr. Hinson said Mr. Pagnotta understands the
violations but has made no effort to pull permits and perform the necessary work.
Inspector Hinson noted he inspected the violations Mr. Pagnotta indicated at the last
meeting were corrected and found that the violations still exist. Due to the severity
of the existing problems, he recommended a maximum fine.
Member Huffman moved that concerning Case 50-97, the Municipal Code
Enforcement Board has heard testimony at Its regular meeting held on November 12,
1997, and based on the evidence issued its Findings of Fact, Conclusions of law,
and Order as follows:
FINDINGS OF FACT
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After hearing testimony of Code 'Inspector Freddie Hinson {the Respondent
was not present and had no representation}, and viewing the evidence, City Exhibits
1-7 lEx. 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;
Ex. 6 - composite photographs dated 9/16/96; and Ex. 7 - notice of hearing re the
referenced units given to Mr. Pagnotta at October 22, 1997 meeting), it is evident
the property is in violation of the Standard Housing Code.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 302.1,
302.4, 302.6, 302.9, 303.4, 305.12, 305.16, 305.21, 307.5, 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).
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 10 days lNovember 22, 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 November 22, 1 997, 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 continues beyond
November 22, 1997.
o
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
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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.
C. Case 53-97 (Cont'd from 10/22/97)
Todd F. Hertzberg
1013 Magnolia Drive
(Housing) - Hinson
Request to Cont. to 12/10/97
(,
In a memo dated November 6, 1997, staff requested this case be continued.
The owner is working with staff toward compliance.
Member Tieman moved to continue Case 53-97 to the December meeting.
The motion was duly seconded and carried unanimously.
D. Case 55-97
Scott A. Swisher
5 S. Highland Avenue
(Land Development Code) - King
Ms. Diana read the Affidavit of Violation & Request for Hearing. Th~
\ property remains in violation 'for failure to maintain a fence in a vertical position. A
fence shall not be allowed to sag or lean more than 10 degrees from vertical.
No one was present to represent Mr. Scott Swisher.
o
In response to questions, City Inspector Janice King said the property was
inspected due to an anonymous complaint. She noticed the concrete wall was
cracked and believed it to be leaning more than 10 degrees from vertical towards
the road. She said it is unknown how far down the footer extends. Ms. King said
certified notices of violation were sent to Scott Swisher at 1501 Cleveland Street
and at his place of business. Inspector King said the notice to the business address
was signed by someone other than Mr. Swisher and she was told he was no longer
employed at the business address. The notice to the Cleveland address came back
unclaimed.
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Upon further research, Inspector King discovered an address in Dunedin for
Mr. Swisher. She discovered Mr. Swisher had an injury preventing him from
working and from removing or repairing the fence. Additional time was extended to
Mr. Swisher, but to date the fence has not been repaired. She said she spoke to
Mr. Swisher on May 23, 1997, regarding a door to a bomb sl1elter which has since
been bolted shut. Ms. King said she had no recent contact with Mr. Swisher. The
property has become overgrown and requires mowing. Calls were placed to Mr.
Swisher on July 11, 1997, and October 9, 1997.
Ms. Dougall-Sides introduced City Exhibits 1-6, including photographs of the
property.
In response to a question, Inspector King indicated she estimated the degree
to which the wall was leaning. A request was made to physically measure the
exact degree of the wall from vertical.
Member Henegar moved to continue Case 55-97 to the December meeting.
The motion was duly seconded and carried unanimously.
o
E. Case 56.97
IIhan M. Bilgutay
608 Spruce Avenue
(Housing) - Hinson
Request to Cont. to 12/10/97
Staff requested this case be continued to give the recently hired contractor
time to address the cited violations.
Member Huffman moved to continue Case 56.97 to the December meeting.
The motion was duly seconded and carried unanimously.
2. UNFINISHED BUSINESS - None.
3. OTHER BOARD ACTION/DISCUSSION
A. B. P. Horizon, Inc./Greg A. Nowak
Request to address board re: reduction of fine
Cases 14-92 & 80-93 - 1384 Pierce Street
Ms. Diana noted the board, at their meeting of September 24, 1997,
authorized foreclosure on the subject property, The new owner has obtained the
property through a tax deed sale. Ms. Dougall~Sides said the property was in
violation in 1992 and 1993 for an activity or use on the property without conditional
use approval.
Mr. Greg Nowak, representing B.P. Horizon, Inc., said he was not aware of
the amount of the fines when he purchased the property. The property was
o purchased with two Municipal Code Enforcement Board liens totaling $86,900. A
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request has been made by the City far $14,995.33 in surplus funds from the tax
deed sale. Ms. Dougall-Sides asked that the fine not be reduced below this amount.
, In response to a question, Ms. Diana estimated City administrative costs to
be approximately $300 for each case, for a total of $600.
Lt. KronschnabJ indicated his department also had costs involved with these
cases.
Member Henegar moved to reduce the fines from $53,200.00 and
$33,650.00, a total of $86,850.00, to $16,900.00 payable to the City with
$14,995.33 of this amount coming from surplus funds from the tax deed sale of the
above referenced property. The Respondent is responsible for $1,904.67, the
balance of the reduced amount, if paid within 120 days from the date of today's
hearing. The motion was dUly seconded and carried unanimously.
4. APPROVAL OF MINUTES - 10/22/97
Member Tieman moved to approve the minutes as submitted in writing to
each member. The motion was duly seconded and carried unanimously.
5.
ADJOURNMENT
C)
The meeting adjourned at 4:04 p.m,
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Chaif ~
Municipal Code Enforcement Board
Attest:
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