12/10/1997 (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
December 10, 1997
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A. Case 53-97 (cont. from 10/22 & 11/12/97)
Todd F. Hertzberg
1013 Magnolia Drive
(Housing) w Hinson
A. Withdrawn, complied prior.
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B. Case 55w97 (cont. from 11/12/97)
Scott A. Swisher
5 S. Highland Avenue
(Land Development Code) w King
B. Continued to 1/28/98.
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C. Case 56-97 (cont. from 11/12/97)
lIhan M. BlIgutay
608 Spruce Avenue
(Housing) w Hinson
C. Comply within 30 days or $250/day.
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2.
UNFINISHED BUSINESS
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A. Case 46-96 M Affidavit of Compliance A. Accepted.
Barnett Bank of Pinellas County I c/o Tim Smith
1610 S. Missouri Avenue
(Buil,ding) w Scott
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B. Case 25-97 - Affidavit of Compliance
Ruben & Linda Umpierrez
1916 Overbrook Avenue
(Housing) - Rosa
C. Case 13w97 - Affidavit of Compliance C. Accepted.
Ronald A. Hadley
1148 ~ LaSalle Street
(Housing) - Hinson
8. Accepted.
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D. Case 23-97 M Affidavit of Compliance D. Accepted.
Ronald A. Hadley
1148 & 1148 % LaSalle Street
(Building) w Scott
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E. Case 50-97 - Affidavit of Non-Compliance E. Accepted; issued order imposing fine.
Leonardo A. Pagnotta
600 Wildwood.Way
(Housing) - Hinson
F. Election Chair & Vice-Chair F. Elected Helen Kerwin Chair &
& Lawrence Tieman Vice Chair.
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\.......3. OTHER BOARD ACTION/DISCUSSION w None.
4. APPROVAL OF MINUTES w 11/12197 w'Approved as submitted.
5. . ADJOURNMENT - 3:20 p.m.
CBAG12197
12110/97
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
December 10, 1 997
Present:
Helen Kerwin, Vice-Chair
Lawrence Tieman, Member
Frank Huffman, Member
Mary Rogero, Member
William Plouffe, Member
John Carassas, Assistant City Attorney
Mark Connolly, Board Attorney
Mary K. "Sue" Diana, Secretary for the Board
Brenda Moses, Board Reporter
Absent:
David Allbritton, Member
Dennis Henegar, Member
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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
for 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 Pine lias 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.
1. PUBLIC HEARINGS
A. Case 53-97 (cant. from 10/22 & 11/1 2/97)
Todd F. Hertzberg
1013 Magnolia Drive
(Housing - Hinson)
In a memo dated December 10, 1997, Inspector Freddie Hinson withdrew
Case 53-97 as the property is now in compliance.
B. Cose 55-97 (cant. from 11/12/97)
Scott A. Swisher
5 S. Highland Avenue
(Land Development Code) - King
This case was continued from the November meeting for staff to physically
measure the degree the wall is leaning. According to code, a fence or wall must be
maintained in a vertical position and not be allowed to sag or lean more than 10
degrees from vertical.
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No one was present to represent Mr. Swisher. Ms. Diana read the Affidavit
of Violation & Request for Hearing. The dates of official notice of violation were
mcb 1297
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1 2/10/97
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August 7, 1 997, and September 16, 1997. The property is in violation for failure to
maintain a wall in a vertical position.
Inspector Janice King said the angle of the wall was physically measured.
The front section of the wall was leaning 7 degrees and the two back sections 11
degrees and 14 degrees, respectively. She submitted Exhibit 1, photographs of the
wall dated December 2, 1997. The wall was again inspected December 9, 1997,
and the owner has removed the front portion of the wall that had no footer.
Ms. King said Mr. Swisher is working with staff and asked to continue Case
55.97 to the January 28, 1998, meeting to give him time to remove the other wall
sections.
, Member Huffman moved to continue Case 55-97 to the January 28, 1998,
meeting. The motion was duly seconded and carried unanimously.
C. Case 56-97 (cont. from 11/12/97)
Ihan M. Bilgutay
608 Spruce Avenue
(Housing) - Hinson
No one was present to represent Mr. Bilgutay. Ms. Diana read the Affidavit
of Violation & Request for Hearing. The date of official notice of violation was
August 22, 1 997. The property was reinspected on September 1 7, 1 997, and still
remains in violation of the Standard Housing Code after notification by certified mail
for which the return receipt was received.
In response to questions, Inspector Freddie Hinson said he initially inspected
the property in June of 1997 after a complaint was received. Five major housing
violations and nine minor violations were found. Work had been done without
permits. Mr. Hinson said Mr. Bilgutay indicated the proper permits would be
obtained. As of this date, no permits have been obtained.
Assistant City Attorney John Carassas submitted City Exhibits 1-5 which
included composite photographs of the conditions of the property.
Member Tieman moved that concerning Case 56.97 the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 10,
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 (the Respondent
was not present and had no representation), and viewing the evidence, City Exhibits
1-6 (Ex. 1 - notice of violation and housing inspector's report; Ex. 2 - property
ownership verification; Ex. 3 . affidavit of violation & request for hearing; Ex. 4 -
notice of hearing; and Ex. 5 - composite photographs of conditions dated 6/4/97
and 11/12/97), it is evident the property is in violation of the sections of the
. Standard Housing Code as read into the record.
mcb1297
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12/10/97
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ORDER
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CONCLUSIONS OF LAW
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The Respondent by reason of the foregoing is in violation of Sections 302.1,
302.9, 303.4, 305.7, 305.11.2, 305.16, 305.20, 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 within 30 days IJanuary 9, 199B). 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 9, 1998, 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
January 9, 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 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.
Any agg'rieved 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.
2. UNFINISHED BUSINESS
A. Case 46-96 - Affidavit of Compliance
Barnett Bank of Pinellas County, c/o Tim Smith
1610 S. Missouri Avenue
(Building) - Scott
B.
Case 25-97 - Affidavit of Compliance
Ruben & Linda Umpierrez
1916 Overbrook Avenue
(Housing) - Rosa
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12/10/97
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Case 13-97 - Affidavit of Compliance
Ronald A. Hadley
1148 1/2 LaSalle Street
(Housing) - Hinson
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D. Case 23-97 - Affidavit of Compliance
Ronald A. Hadley
1148 & 1148 112 LaSalle Street
(Building) - Scott
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Member Huffman moved to accept the Affidavits of Compliance for Cases
46-96, 25.97, 13-97, and 23-97. The motion was duly seconded and carried
unanimously.
E. Case 50-97 - Affidavit of Non-Compliance
Leonardo A. Pagnotta
600 Wildwood Way
(Housing) - Hinson
Member Huffman moved to accept the Affidavit of Non-Compliance and
issue the order imposing the fine for Case 50-97. The motion was duly seconded
and carried unanimously.
F. Election of Chair & Vice-Chair
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Member Huffman moved to elect Member Helen Kerwin as Chair of the
Municipal Code Enforcement Board. The motion was duly seconded and carried
unanimously.
Member Huffman moved to elect Member Lawrence Tieman as Vice-Chair of
the Municipal Code Enforcement Board. The motion was duly seconded and carried
unanimously.
3. OTHER BOARD ACTION/DISCUSSION - none.
4. APPROVAL OF MINUTES - November 1 2, 1997.
Member Tieman moved to approve the minutes of November 12, 1997, as
submitted in writing to each member. The motion was duly seconded and carried
unanimously.
. 6. ADJOURNMENT
The meeting was adjourned at 3:20 p.m.
l/Yt-
Attest:
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Chair
Municipal Code Enforcement Board
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12/10/97
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