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ACTION AGENDA
, CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
January 28, 199B
, A. Ca~B 55.97 (cont. from ,11/12 & 12110/97)
. Scott A. Swisher
5 S. Highland Avenue ,
(Land Development Code) - King
B. Case 01.98
Patrick B. Baker
1012 Jones Street
(Housing) . Hinson
A. Withdrawn, complied prior.
,
B. Comply within 90 days or $100/day.
C. Case 02-98
Louis & Cleareather Gross
915 N. Garden Avenue
(Housing) - Hinson '
,2. " UNFINISHED BUSINESS
C. Comply within 60 days Of $150/day.
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A. Case 56.97 - Affidavit of Non-Compliance' A. Accepted; issued order imposing flne.
IIhan M. Bilgutay
60B Spruce Avenue
. (Housing) - Hinson',
OTHER BOARD ACTION/DISCUSSION
. .;
A. Request for Reduction of Fine
Case 25.97
Ruben & Linda Umpierrez
1916 Overbrook Avenue
A. Reduced fine from $29,750 to $1,000
if paid within 30 days.
4. APPROVAL OF MINUTES - .12/10/97 - Approved as submitted.
5. ADJOURNMENT - 3:59 p.m.
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1/28/98
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
January 28, 1998
Present:
Helen Kerwin, Chair
Lawrence Tieman, Vice~Chair
David Allbritton, Member
Frank Huffman, Member
Mary Rogero, Member
Rob Surette, Assistant City Attorney
Mary K. "Sue" Diana, Secretary for the Board
Mark Connolley, Board Attorney
Brenda Moses, Board Reporter
Absent:
Dennis. Henegar, Member
William Plouffe, Member
, \
The meeting was called to order by Chair 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 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.
1. PUBLIC HEARINGS
A. Case 55-97 (cont. from 11/22 & 1 2/10/97)
Scott A. Swisher
5 S. Highland Avenue
(Land Development Code) - King
In a memo dated January 13, 1998, Janice King withdrew Case No. 55-97
as the property is now in compliance.
B. Case 01-98
Patrick B. Baker
1012 Jones Street
(Housing) - Hinson
Ms. Diana read the Affidavit of Violation & Request for Hearing. Attorney
Surette noted the date of official notice of violation was September 5, 1997. The
subject property remains in violation of the Standard Housing Code.
In response to questions from Attorney Surette, Inspector Fred Hinson said
the initial inspection of the property dates back to October 1995, at which time the
property was tenant occupied. Access to the interior of the property was not
mcb0198
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01/28/98
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obtained at any time. The exterlor'violations observed were minor and Included
'missing skirting, broken and inoperable windows, unprotected siding and siding
damage, peeling paint, and damaged soffit and fascia. Mr. Baker had converted an
,area In back of the house to a laundry room, closing off a window. Drain and vent
pipes extend th~ough the window, skirting and paint are missing, and screens do not
property fit the windows. Inspector Hinson Indicated Mr. Baker had attempted to
make some repairs.
Assistant City Attorney Surrette submitted City Exhibits 1-9.
Mr. Patrick Baker stated, while in the process of buying the house, someone
had moved in. He asked her to vacate the premises and removed her belongings.
He was arrested in the process and was not,allowed on the property. In response
to questions, he indicated he is not currently living in the house or renting it to
anyone. He said he could not complete the repairs because his disability benefits
stopped and is waiting for them to start again.
Discussion ensued regarding Mr. Baker's eligibility for housing assistance.
Mr. Hinson said once Mr. Baker occupies the property, he can apply for assistance.
In regard to the necessary repairs, Mr. Baker felt the repairs could be completed
within 60 days. He noted the previous tenant denied the City access to the interior
of the house.
Member Huffman moved that concerning Case 01-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 28,
1998, 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 Patrick Baker,
the Respondent, and viewing the evidence, City Exhibits 1-9 (Ex. 1 - composite
photographs of conditions dated 10/8/97; Ex. 2 - housing report and housing code;
Ex. 3 - City code adopting housing code; Ex. 4 - notice of violation; Ex. 5 - affidavit
of service for notice of violation; Ex. 6 - notice of violation request for hearing; Ex. 7
- notice of hearing; 'Ex. 8 - affidavit of service for notice of hearing; and Ex. 9 -
composite photographs of conditions dated 1/15/98, 1/20/98 and 1/28/98), it is
evident the property is in violation of the sections of the Standard Housing Code as
read into the record.'
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 302.1,
303.4, 305.7, 305.12, 305.13, 305.14, 305.23, 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(sl.
ORDER
mcb0198
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01/28/98
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It is the Order of the Board that the Respondent is to correct the aforesaid
violation within 90 days (April 28, 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 April 28, 1998, the Respondent
may be ordered to pay a fine in the amount of one hundred and no/l00 dollars
($100.00) per day for each day the violation continues beyond April 28, 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 Pine lias
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.
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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 duty seconded and carried
unanimously.
C. Case 02-98
Louis & Cleareather Gross
915 N. Garden Avenue
(Housing) - Hinson
No one was present to represent Louis and Cleareather Gross. Ms. Diana
read the Affidavit of Violation & Request for Hearing. The property is in violation of
. the Standard Housing Code.
in response to questions, Inspector Fredd Hinson said at the time of the initial
inspection the property was tenant occupied.
Attorney Surette submitted City Exhibits 1-2.
'~
In response to questions, Inspector Hinson said the housing report was
posted on the property because the one sent certified mail was not claimed. He
said major exterior violations included a leaking roof and deteriorated windows and
siding. There was no interior smoke detector, the water heater was improperly
wired, sanitary problems with the bathroom sink and commode, the bathroom floor
was in disrepair, and the bathroom door was not secured. The kitchen shelving and
cabinets and interior door hardware were in disrepair. Inspector Hinson said he
mcb0198
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01/28/98
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spoke to Mrs. Gross who said she had experienced financial difficulty and requested
an extension for compliance. Inspector Hinson allowed her time to correct the
situation but no repairs were made.
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Attorney Surette submitted City Exhibits 3-8.
In response to questions, Inspector Hinson said the notice of hearing and
notice of violation were posted on the property for 10 days. He said he spoke to
Mrs. Gross at length, and the owners are well aware of the violations. The
surrounding neighbors are in the process of revitalizing the neighborhood.
Discussion ensued regarding a reasonable time frame to make the necessary
. repairs. '
Member Albritton moved that concerning Case 02-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 28,
1998, 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' repres~ntation), and viewing the evidence, City Exhibits
1~8 (Ex. 1 - composite photographs of conditions taken 9/2/97 and 1219/97; Ex. 2 -
housing report and housing code; Ex. 3 - City code section adopted housing code;
Ex. 4 - notice of violation; Ex. 5 - affidavit of violation & request for hearing; Ex. 6 -
notice of hearing; Ex. 7 - affidavit of service; and Ex. 8 - composite photographs of
conditions taken 1115198 and 1/27/98~, it is evident the property is in violation of
the sections of the Standard Housing Code as read into the record.
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, 305.2, '305.3.2, 305.5, 305.7, 305.12, 305.13,
305.16, 305.20, 305.21, 305.22, 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 60 days (March 29, 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 March 29, 1998, the
Respondent may be ordered to pay a fine in the amount of one hundred fifty and
mcb0198
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01/28/98
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no" 00 doflars ($160.00) per day for each day the violation continues beyond March
29, 1998.
If Respondent does not comply within the time specified, a certlfip.d 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 caae.
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 56-97- Affidavit of Compliance
Ihan M. Bilgutay
608 Spruce Avenue
(Housing) ~ Hinson .
Member Huffman moved to accept the Affidavit l;Jf Compliance for Case 56-
97. The motion was duly seconded and carried unanimously.
3. OTHER BOARD ACTION/DISCUSSION
A. Request far Reduction of Fine
Case 25-97
Ruben & Linda Umpierrez
, 1916 Overbrook Avenue
Mr. John See, realtor, represented Citibank, the present owner. Citibank
took title in August 1997 through foreclosure. He said $3,700 was spent to
demolish the building and clean up the property. There is a sales contract pending
on the property for $10,900.
In response to questions, Ms. Diana estimated administrative costs regarding
this case, excluding costs incurred bV the Community Response Team, at $400.
Member Tieman moved to reduce the fine from $29,500 to $1,000 if paid
.J, within 30 days. The motion was duly seconded and carried unanimously.
mcb0198
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01/28/98
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..' APPROVAL OF MINUTES
December, 1 0, 1 997
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, Mery;ber Huffman moved to approve the minutes as submitted in writing to
. e,ach member. The motion was duly seconded and carried unanimously.
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ADJOURNMENT'
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The meeting adjourned at 3:51 p.m.
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Chair'
Municipal Code Enforc
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