03/25/1998 (2)
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Minutes
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ACTION AGENDA
CITY OF CLEARWATER
. MUNICIPAL CODE ENFORCEMENT BOARD
March 25. '1998
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ri('(S." P'U~LIC HEARI~~S
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',> ',:,' , A. Case 03-98' ,
Albert & Albert R. 8arsion
502 Engman Street
(Housing) - Hinson
A. Withdrawn. compiled prior.
8. Case 04-98
Obadiaa & Lillie M. James
807 Vine Avenue
(Abatement) - Wright
8. Comply within 3'0 days or $50/day.
C. Case 05-98
Stamatina Sagonls
49 Acacia Street
(Housing) - Wright
C. Withdrawn. complied prior.
2. UNFINISHED BUSINESS
A. Accepted.
. . . ~
A. Case 32-97 - Affidavit of Compliance
Jenny J. Harriger d/b/a Mambo Bay
490 Mandalay Avenue
(Occupational License). Sexsmith
8. Case 56~97 - Affidavit of Compliance
IIhan M. Bilgutay
608 Spruce Avenue
(Housing) ., Hinson
OTHER BOARD ACTION/DISCUSSION - None.
8. Accepted.
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4.
. APPROVAL OF MINUTES - 1/28/98 - Approved as submitted.
5.
ADJOURNMENT -,3:21 p.m.
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3/25/98
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
March 25, 199B
Present: '
Helen Kerwin
Lawrence Tieman
Dennis Henegar
Frank Huffman
David Allbritton
Mary Rogero
William Plouffe
Leslie Dougall-Sides
Andy Salzman
Mary K. Diana
Patricia Sullivan
Chair
Vice-Chair
Member
Member
Member
Member
Member
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
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The Chair called the meeting to order at 3:00 p'.m. at City Hall.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C~
The Chair outlined the procedures and stated any aggrieved party may appeal a final
administrative order of the Municipal Code Enforcement Board to the Circuit Court
of Pinellas County within thirty (30) days of the execution of the order. Florida
Statue 286.0105 requires any party appealing a decision of this Board to have a
record of the proceedings.
..
ITEM #1 - Public Hearinas
A.
Case 03-98
Albert & Albert R. Barsion
502 Engman Street
(Housing) - Hinson
c I
In his March 18, 1998, memorandum, Building Inspector Fredd Hinson
withdrew Case #03-98 as the property is now in compliance.
8. Case 04-98
Obadiaa & Ullie M. James
807 vine Avenue
(Abatement) - Wright
.,:)
Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
She reported the certified mail receipt had been returned by the Post Office
indicating the James had received notice of this meating. The James were not in
attendance. Assistant City Attorney Leslie Dougall-Sides said the standard unsafe
structure abatement code requires cited buildings to be repaired, demolished, or
brought before the MCEB (Municipal Code Enforcement Board),
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03/25/98
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Building Inspector Bill Wright said th'3 property owner lives in the residence
and has a rental unit in the back. The detached garage is on the verge of collapse.
The violation was discovered during a neighborhood inspection on June 10, 1997.
The notice of unsafe structure was issued on June 13, 1997. The garage structure
is dilapidated, the roof is collapsing, and the garage door has deteriorated. No
permits for repairs have been issued. Property ownership was determined through
County records. A letter of notice was sent to the owner on July 1, 1997. Mr.
Wright had returned to the property on July 21, 1997, and August 1 5, 1997, and
noted no work had been done. A letter was sent to the James noting the ongoing
problem with the structure on August 19, 1997. It was noted when staff receives
no response to this notice, the City sometimes places the structure on the
demolition list and proceeds with a title search. At this point, the property owner
begins to incur expenses.
A notice of violation, sent in December 1997, was returned undeliverable. A
third notice of viOlation was mailed on January 6, 1998, and the certified mail
receipt returned January 16, 1998. Mr. Wright did not meet with Mr. James to
review options until January 21, 1998. when the property owner visited City
offices. Mr. Wright recommended the building be razed. The James have not filed
an appeal of the City's actions. Staff reinspected the property approximately twice
a month with the last inspection on March 24, 1998. The structure remains in an
unsafe condition.
....J
On February 5, 1998, Mr. Wright issued an Affidavit of Violation and
Request for Hearing. He referred this issue to the board in hopes the owner would
not incur the cost of an asbestos survey required when the City demolishes
structures. The garage is the only structure affected. Since an asbestos survey
would not be necessary if Mr. James razes the structure himself, the demolition
would be less expensive if he hires his own contractor. A permit is required.
Mr. Wright identified City Exhibit 9 as photographs he had taken of the
tprage when it first appeared on the unsafe structure list and Exhibit 10 includes
pht.nographs taken on March 24, 1998. The photographs are an accurate
representation of current conditions. He recommended approval of a 30-day
extension to provide the James an opportunity to correct the infraction after which
a $50 per day fine would begin to accrue. He noted safety concerns related to the
garage hanging over the alley.
Ms. Dougall-Sides submitted City Exhibits 1 -13 and distributed the
photograph sheets from the Unsafe Structure Reports.
In response to a question, Mr. Wright said the owner had started to clean
the area but had done no further work in 5 months. Staff has tried to work with
him. The owner has not contacted the City in the last 30 days. Mr. Wright's
recommendation is based on the advanced age of the owner and his hope that the
family not incur unnecessary expenses.
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Member Huffman moved that concerning Case 04-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on March 25,
Mcb0398
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03/25/98
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1998, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
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FINDINGS OF FACT
After hearing testimony of Code Inspector William Wright (the Respondent
was not present and had no representation), and viewing the evidence, City Exhibits
1-13 (Ex. 1 . applicable code sections Standard Building Code; Ex. 2 . chronology of
events; Ex. 3 - activity schedule dated 3/25/98; Ex. 4 - notice of unsafe building
dated 6/13/97; Ex. 5 - notice of violation dated 12/11/97; Ex. 6 . 7-day letter dated
711/97; Ex. 7 - 27-day letter dated 8/19/97 and 3/24/98; Ex. 8 - notice of violation
dated 1/6/98; Exs. 9 and 10 - composite photographs of the condition of property
dated 6/10/97 and 3/24/98; Ex. 11 - verification of ownership; Ex. 12 - affidavit of
violation and request for hearing; and Ex. 13- notice of hearing dated 3/4/98), it is
evident the property (garage only) is in violation of the section of the Standard
Unsafe Building Abatement Code as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Art. VII. Ch. 47.
Sec. 47.161, Standard Unsafe Building Abatement Code, (Garage Only> as adopted
by Art. Ill. Sec. 47.051 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 30 days (April 24, 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 24, 1998. the Respondent
may be ordered to pay a fine in the amount of fifty and no/100 dollars ($50.00) per
day for each day the violation continues beyond April 24. 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.
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
Mcb0398
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03/25/98
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I 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 05-98
, Stamatina Sagonis
49 Acacia Street
(Housing) - Wright,
In his March 18, 1998, memorandum, Building Inspector Bill Wright
withdrew Case #05-98 as the property is now in compliance.
ITEM #2 - Unfinished Business
A.
Case 32-97 - Affidavit of Compliance
Jennv J~ Harrt'ger,d/b/a Mambo Bay
490 Mandalay Avenue
(Occupational License) - Sexsmith
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B. Case 56-97
Ilhan M. Bilgutay
608 Spruce Avenue
(Housing) - HInson
Member Tieman moved to accept the affidavits of compliance for Cases 32-
97 and 56-97 . The motion was duly seconded and carried unanimously.
ITEM #3 - Other Board Action/Discussion - None.
ITEM #4 - Aooroval of the Minutes
Member Huffman moved to approve the minutes of the regular meeting of
January 28, 1998, as recorded and submitted in written summation to each board
member. The motion was duly seconded and carried unanimously.
ITEM #5 - Adjournment
The meeting adjourned a 3:21 p.m.
i~ kf~4^N-~
Chair J
Municipal Code Enforcement Board
Attest:
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Secret 0 the Board
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03/25/98