05/27/1998 (2)
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,,"Munici~al Code Enforcement',Board
'Minutes
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ACTION AGENDA
CITY OF CLEARWATER
, MUNICIPAL CODE ENFORCEMENT BOARD
May 27. 199B
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A. Case 06-98
a) Glen R. Johnson, Inc. and Affiliates,
Registered Agent. Glen R. Johnson
b) Beach Communities II, Jnc..
Registered Agent, Glen R. Johnson
1350 Gulf Boulevard
(Land Development ~ode) - Scott
B. Cas'o 08-98
Gary & Suzanne Gregoire
2021 Edgewater ,Drive ,
(Land Development Code) - Scott
C. Case 10-98
Viorel Caba
606 Palrn Bluff Street
(Public Nuisance) - Dawkins
A. Ordered compliance within 30 days or $150Iday.
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B. Withdrawn.
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C. Withdrawn.
2. UNFINISHED BUSINESS
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A. Case 17-97 -Affidavit of CompUance
Shropshire/Owner - Jackson/Lessee
1420 Gulf to Bay Boulevard
(Building) - Chianella
A. Accepted.
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8. Case 54-97 - Affidavit of Compliance
Alma R. Riley
1588 S. Prospect Avenue
(Housing) - Hinson
B. Accepted.
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C. Case 49-97 - Affidavit of Non-Compliance C. Accepted; Issued order imposing fine.
I Daniel J. Mehler clo David J. Getchell
305 Pennsylvania Avenue
(Housing) - Hinson
D. Case 02-98 - Affidavit of Non-Compliance D. Accepted; Issued order imposing fine:
Louis & Cleareather Gross
915 N. Garden Avenue
(Housing) - Hinson
E. Case 04-98 - Affidavit of Non-Compliance E. Accepted; issued order imposing fine.
Obadiaa & Lillie M. James
807 Vine Avenue
(Abatement - Garage Only) - Wright
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Continued
,5/27/98
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APPROVAL OF MINUTES,- 4/22/98 - Approved as subniitted.
ADJOURNMENT - 4:23 p.m.
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fJC,'~ctlon Ag~~~a cont ,
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. :.3.' '; OTHER BOARD ACTION/DISCUSSION
A. (Cont. from 4/22/98) Request for Reduction of Fine:' , A. Reduced to $675 ifpald within 30 days.
Case 23~97' ,
Ronald A. Hadley
1148 & 1148% LaSalle Street
(Building) ~ Scott
B. Request for Reduction of Fine B. Re~uced to $250 if paid within 30 days.
Case '64-91
Roger O. Haber,
, 615 Phoenix Avenue
(Land Development Code) - Rosa
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
May 27, 1998
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Present:
Lawrence'Tieman, Vice-Chair
Dennis Henegar, Board Member
David Allbritton, Board Member
Frank Huffman, Board Member
Mary Rogero, Board Member
William Plouffe, Board Member
Mark Connolley, Board Attorney
Leslie Dougall-Sides, Assistant City Attorney
Mary K. "Sue" Diana, Secretary to the Board
Brenda Moses, Board Reporter
Absent:
Helen Kerwin, Chair
The meeting was called to order by the Vice-Chair at 3:00 p.m. in City Hall
Chambers, 112 Osceola Avenue, Clearwater. In order to provide continuity for
research, the times will be listed in agenda order although not necessarily discussed
in that order. The Vice-Chair outlined the procedures and advised any aggrieved
party m~y 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. Florida Statutes
286.0105 requires any party appealing a decision of this Board to have a record of
the" proceedings to support such an appeal.
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1. PUBLIC HEARINGS
A. Case 06-98
a) Glen A. Johnson, Inc. and Affiliates,
Registered Agent, Glen R. Johnson
b) Beach Communities II, Inc.,
Registered Agent, Glen R. Johnson
1350 Gulf Boulevard
(Land Development Code) - Scott
Secretary for the Board Diana read the Affidavit at Violation & Request for
Hearing. The date of the official notice of violation was January 29, 1998. The
subject property remains in violation of the Code. '
In response to questions from Assistant City Attorney Leslie Dougall~Sides,
Inspector Robert Scott said an anonymous complaint was received on December 31,
1997. The property was inspected on that date; however. no one was present on
the property. He said he returned on January 2, 1998, at which time a stop work
order was issued. Subsequent complaints have been received from property owners
to the north and south of this property. Mr. Johnson was issued permits for a
fence, office administration trailer, restripplng of an existing asphalted area and a
sales and reception center for a proposed condominium project. The permits expired
mcb0598
05/27/98
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in December 1997 and a three month extension was granted, with the
understanding the applicant would submit construction plans. To date, no plans
have been submitted. There are currently three trailers and a great deal of debris on
the property. A notice of violation was issued on April 24, 1998, to both the
construction company and the property owner. Ownership was verified through the
Property Appraiser's, office. Inspector Scott said he had explained to R. Martin
Gorges, Mr. Johnson's representative, the Army Corps of Engineers' plans to dredge
in the area had no bearing on the permits issued.
Ms. Dougall-Sides submitted City Exhibits '-7. She referred to a letter from
the Army Corps of Engineers indicating they would not use Mr. Johnson's
construction site for storage of materials. City Exhibit 7, photographs taken of the.
property showed construction trailers and materials, the posted notice of hearing
and the fence around the site. She noted Mr. ehodora requested removal of the
fence.
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Mr. Gorges verified photographs taken of the property (Exhibit 7). In
response to a question, Mr. Gorges agreed the original permit had expired in
'November 1997, and a 90-day extension had been granted which has also expired.
He said the original permit was for a temporary sales and reception center to be
constructed on the site. He felt another extension should be granted. He said the
persons complaining about the debris have been using the site for overflow parking.
He said none of the permits issued are for the construction of the condominium
project. Mr. Johnson has a certified site plan and drawings for the construction of a
17-story building at the site. He said the trailer is being used as a construction
trailer', and no sales are being done on the site. The other trailers contain filing
cabinets. In response to a question, Mr. Gorges said he did not know when
construction would begin.
Glen R. Johnson said, due to beach renourishment plans by the Army Corps
of Engineers, he has not started construction of the model center. He indicated he
has repeatedly cleaned debris left by others on the site. He felt he is being denied
the use of his property because the Building Department refuses to grant him an
extension.
Nicholas French, adjacent property owner, alleged the telephone directory
lists the subject property as a business address for Mr. Johnson. Since the property
is in a multi-family neighborhood, he felt Mr. Johnson is violating the code by
operating a commercial business at the site. Mr. French said it has been alleged Mr.
Johnson is having difficulties in moving ahead because of finances. He stated Mr.
Johnson is one of two property owners who has not signed an easement regarding
beach renourishment. He requested the board direct Mr. Johnson to remove the
trailers and debris from the site.
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Dick Ruben, Sand Key resident, said Mr. Johnson's property has been
discussed by the Sand Key Civic Association. He said Mr. Johnson had indicated to
him in early 1997 he would begin construction once a contract was signed by the
stata and federal government regarding beach renourishment. Beach renourishment
has started and is proposed to be complated by July 15th. He said this site is the
mcb0598
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only remaining vacant lot on Sand Key and hopes that the condominium project will
be done. He complained regarding the unsightly condition of the lot.
'Mr. Johnson said the comments regarding his plans and financing are
hearsay. He felt his finances should not be discussed at a public meeting. He said
he will construct a model center when he knows a beach will be in place, and that
the Corps of Engineers will not need to occupy the site.
Member Huffman moved that concerning Case 06-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on May 27,
1 998, 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 Robert Scott, Building
Administrator Vic Chodora, Martin Gorges, and Glen Johnson, and viewing the
evidence, City Exhibits 1-7 (Ex. 1 - Affidavit of Posting; Ex. 2 - applicable code
sections; Ex. 3 - permit history; Ex. 4 - chronology re proposed construction of
temporary welcome center and real estate office; Ex. 5 - Notices of Hearing dated
5/7/98; Ex. 6 - Affidavit of Service dated 5/11/98; Ex. 7 - composite photographs of
conditions dated 2/24/98, 4/24/98, and 5/27/981, and Defendant's Ex. 1 -
chronology ra permitting of a temporary reception center and sales office, it is
, evident the property is in violation of the sections of the Code as read into the
record in that' permits have expired for trailers located on site and these trailers need
to be removed.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 40, Art. 1,
Section 40.004(2), (3) and Ch. 40, Art. II, Div. 12, Sections 40.221, 40.222,
40.223 & 40.224 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 (June 26, 1 998). 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 June 26, 1998, the Respondent
may be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars
($150.00) per day for each day the violation continues beyond June 26, 1998.
If Respondent does not comply within tha time specified, a certified copy of
the Order imposing the fine may be recorded in the Public Records of Pinellas
...J County, Florida, and once recorded shall constitute a iien against any real or
mcb0598
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05/27/98
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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'
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 08-98
Gary & Suzanne Gregoire
2021 Edgewate~ Drive
(Land Development Code) - Scott
In a memo dated May 27, 1998, Building Director Vie Chodora withdrew
Case 08-98.
c.
Case 10-98
Viorel Caba
606 Palm Bluff Street
(Public Nuisance) - Dawkins
In a memo dated May 26, 1998, Inspector Shirley Dawkins withdrew Case
10-98. Mr. Cab a is no longer the owner of record.
2. UNFINISHED BUSINESS
A. Case 17-97 -Affidavit of Compliance
Shropshire/Owner - Jackson/Lessee
1420 Gulf-to-Bay Boulevard
(Building) * Chianella
Member Henegar moved to accept the Affidavit of Compliance for Case 17-
97., The motion was duly seconded and carried unanimously.
B. Case 54-97 - Affidavit of Compliance
Alma R. Riley
1588 S. Prospect Avenue
(Housing) - Hinson
Member Henegar moved to accept the Affidavit of Compliance for Case 54-
97. The motion was duly seconded and carried unanimously.
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OS/27/98
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Case 49-97 - Affidavit of Non-Compliance
Daniel J. Mehler c/o David J. Getchell
305 Pennsylvania Avenue
(Housing) - Hinson
Member Henegar moved to accept the Affidavit of Non-Compliance and Issue
the order imposing the fine for Case 49-97. The motion was duly seconded and
carried unanimously.
D.
Case 02-98 - Affidavit of Non-Compliance
Louis & Cleareather Gross
915 N. Garden Avenue
(Housing) - Hinson
Member Henegar moved to accept the Affidavit of Non-Compliance and issue
the order imposing the fine for Case 02-98. The motion was duly seconded and
carried unanimously.
E.
Case 04-98 - Affidavit of Non-Compliance
Obadiaa & Lillie M. James
807 Vine Avenue
(Abatement - Garage Only) - Wright
Member Henegar moved to accept the Affidavit of Non-Compliance and issue
: the order imposing the fine for Case 04-98. The motion was duly seconded and
carried unanimously.
3. OTHER BOARD ACTION/DISCUSSION
A. (Cont'd from 4/22/98) Request for Reduction of Fine
Case 23-97
Ronald A. Hadley
1148 & 1148 1/2 La Salle Street
(Building) - Scott
This case was continued from the last meeting for staff to research if any
liens existed on any other properties owned by Mr. Hadley,. There were none.
Bruce Harland, representing Mr. Hadley, said Mr. Hadley owns 26 properties
, hi Clearwater. Mr. Harland said the property is only worth $18,000 and the fine is
$47,750. He said his client is experiencing memory and health problems. He
requested the Board reduce the fine.
Member Henegar moved that concerning Case 23~97, the fine be reduced
from $47,750 to $675 to be paid within 30 days from the date of today's hearing.
The motion was duly seconded and carried unanimously.
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Discussion ensued regarding consistency when reducing fines relative to the
value of the property and other pertinent information. It was indicated each
reduction needs to be considered on a case by case basis.
B. , Request for Reduction of Fine,
Case 64-91
Roger O. Huber
615 Phoenix Avenue
(Land Development Code) - Rosa
Michael Holmes, a neighbor of Mrs. Haber, said Mr. Haber died before this
matter was corrected. He indicated Mr. Hober was a stubborn man,who let a minor
violation continue. He said Mrs. Hober has no earning power and limited funds. She
, could not afford to hire someone to remove the fence. He said he removed the
fence for her and the property is now in compliance.
Ms. Diana noted the Affidavit of Compliance was accepted at last month's
meeting. ' The fine amount is $23,100 for 2,310 days of violation. She indicated
administrative ,costs total approximately $200.
, Member Huffman moved to reduce the fine from $23,100 to $250 payable
within 30 days from the date of today's hearing. The motion was duly seconded
and carried unanimously.
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4.
APPROVAL OF MlrJUTES - April 22, 1998
Member Huffman moved to approve the minutes as submitted in writing to
each member. The moti,on was duly seconded and carried ,unanimously.
5. ADJOURNMENT
The meeting adjourned at 4:23 p.m.
Chair
ATTEST:~K~
' Secretary
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