04/22/1998 (2)
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'''", ':<~fi1iticipalCode Enforcement 'Board'
Minutes
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;::~:;,'.. : PUBLIC 'HEARINGS
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
April 22. 199B
, ,A. ,Caso 07-98
Mary W. Smith
, ' 1111 Blanche B. Littlejohn Trail
(Housing) - Hinson
A.Ordered compliance within 90 days (7/21/98)
or $25/day.
2. UNFINISHED BUSINESS
A. Case 64-91 - Affidavit of Compliance
. Roger O. Hober
615 Phoenix Avenue ,
,(Land Development Code) - Rosa
A. Accepted.
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,:t, , ,,, , 3~ " OTHER BOARD ACTION/DISCUSSION
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, A.' Request for Reduction of Fine '
Case 23-97
Ronald A. Hadley
1148 & 1148~ LaSalle Street
(Building) - Scott
A. Continued to 5/27/98.
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B.Request for Reduction of Fine
Case 56-97
IIhan M. Bilgutay
. 60a' Spruce Avenue
(Housing) - Hinson
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B. Reduced to $750.00 if paid withIn 30 days. ,
, 4.. APPROVAL OF MINUTES * 3/25/98 - Approved as amended.
5~ ADJOURNMENT ~ 3:40 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
April 22, 1998
.Present:
Helen Kerwin, Chair
Lawrence Tieman, Vice-Chair
David Allbritton, Member
Frank Huffman, Member
Mary Rogare, Member
WlIIiam Plouffe, Member
,Mary K. "Sue" Diana, Secretary for the Board
, Mark Connelley, Board Attorney
Brer,da Moses, Board Reporter
Absent:
Dennis Henegar, Member
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The meeting was called to order by Chair Kerwin at 3:04 p.m. ,in City Hall
Chambers, 112 Osceola AvenlJe. In order to provide continuity for research. the
items listed are 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 07-98
Mary V.J. Smith
1111 Blanche B. Littlejohn Trail
IHousingl. Hinson
Secretary for the Board Diana read the Affidavit of Violation and Request for
Hearing. The date of official notice of violation was October 20, 1997. The subject
property remains in violation of the Standard Housing Code.
In response to questions from Attorney Dougall-Sides, Inspector Fred Hinson
said the initial inspection of the property dates back to January, 1997, at which
time the property was tenant occupied. Access to the interior of the property was
not obtained at any time. The exterior violations observed were broken and boarded
windows, soffit and fascia deterioration. exterior door. damage, and a portion of the
porch roof overhang was collapsing. Inspector Hinson indicated Ms. Smith had
attempted to make some repairs.
Mr. Willie Otis Kelly, representing the owner, said he is a friend of Ms. Smith,
and is helping her remedy the violations. In response to questions, 'Mr. Kelly said he
, ,~ felt 90 days was reasonable for compliance.
mcb0498
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04/22/98
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Attorney Dougall-Sides submitted City Exhibits 1-8.
Member Huffman moved that concerning Cose 07-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on April 22,
1998, and based on the evidence issued its Findings of Fact, Conclusions of Law i
and Order as follows:
FINDINGS OF FACT
After hearing testimony of Code Inspector Freddie Hinson (Willie Odis Kelly
was present to represent Respondent), and viewing the evidence, City Exhibits 1-8
(Ex. 1 . City code adopting housing code; Ex. 2 . ISC PropertY Report; Ex. 3 -
housing report; Ex. 4 - revised housing report; Ex. 5 - notice of violatfon; Ex. 6 -
affidavit of violation request for hearing; Ex. 7 - notice of hearing; and Ex. 8 -
composite photographs of conditions dated 1/29/98), it is evident the property is in
violation of Sections 303.4, 305.3.2, & 305.12 of the Standard Housing Code.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 303.4,
305.3.2, & 305.12, 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 90 days (July 21, 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 July 21, 1998, the Respondent
may be ordered to pay a fine in the amount of twenty five and no/100 dollars
($25.00) per day for each day the violation continues beyond July 21, 1998.
,If Respondent does not comply wIthin tho 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 E1uthority 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 fired 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
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04/22/98
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'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.,
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2. UNFINISHED BUSINESS
A. ' Case 64-91 - Affidavit of Compliance
Roger O. Hober
615 Phoenix Avenue
(Land Development Code},- Rosa
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Member Tieman moved to accept the Affidavit of Compliance for Case 64-
91. The motion was dUly seconded and carried unanimously.
3.
, OTHER BOARD ACTION/DISCUSSION
A.
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Request for Reduction of Fine
Case 23-97
Ronald A. Hadley
1148 & 1148 112 LaSalle Street.
(Building) - Scott
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Bruce Harland, attorney, representing the owner, Ronald A. Hadley,
suggested the City reduce Mr; Hadley's fine to $3,000 fram $47,750. Mr. Harland'
indicated Mr. Hadley has attempted to make some repairs but had nat been able to '
complete all of them on a timely basis stated due to his age and memory problems.
The property has been brought into compliance by a licensed contractor.
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Attorney Dougall-Sides questioned whether there is another lien on the
property located at 1148-1/2 La Salle Street. Discussion ensued in regard to
continUing this case to research the records.
'Member Huffman moved to continue Case 23p97 to the next meeting. The
motion was dUly seconded and carried unanimously.
B. Request for Reduction of Fine
Case 56~97
IIhan M. Bilgutay
608 Spruce Avenue
IHousing) - Hinson
, The owner af the property, IIhan M. Bilgutay was present.
Inspector Hinson said Mr. Bilgutay has made attempts to bring the property
Into compliance. He has experi~nced some difficulty in obtaining licensed
contractors.
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'In response to a question, Ms. Diana said the.fine currently owed is'$8,OOO
for,32 days of noncompliance. Administrative fees are estimated at approximately
$370 for copies, certifIed mail, and attorney fees.
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, ',' Discussion ensued regarding the fine and a recommendation was made the
fine be reduced to an amount between $1,000-$1,500. Mr. Bilgutay felt $500 was
mora' rea~onable.
, Member Tieman moved concerning Case 56~97 to reduce the fine from
$8,000 to $750 if paid within 30 days. The motion WI')S duly seconded and carried
unanimously.
4. APPROV At OF MINUTES - March 25, 1998
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Member Huffman requested the minutes be amend'ad to reflect Member
Tieman as Vice-Chair rather than Member Huffman. Member Tieman moved to
, approve the minutes as amended. The motion was duly seconded and carried
unanimously. '
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5. ADJOURNMENT
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The meeting adjourned at 3:40 p.m.
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