10/28/1998 (2)
.i.
:~ '.
.,'
,< .1
,\1
, .<
"
~~\jtl;i/::/;,t!g':;>)'~;)l:;:{,\."".:;t",: ' "
>,.,
~1 :
.ch' .~' .;c ~1,
i::i':' .
~;:J._:..
"'"l":;:
\.'
! "
,. ~rr,,;'~: .'
';,'.. .
"'.
t.,<
:.l.
.<.'
. !".
: \..
\ .
l.: '
t
;:{c
':.
"
,
,;
'\,
~ ~'c!' .
:...~ . ,
.... '1
~:i;\,
'.
.,' "
.\
"
..'" .
ff::~:.:', ," "
.}:.i' :. .
r::"L". "
.~~~ < ~.I ': :..\!. . <
f)t/: .~
.~r . .
r- < . ~
'"
~,'~.'." .
'.j~: . > .
~:1r', ';~:.;..:
"
. :. ~
>., ,"
,
','1.
"
., .1'
,.',
:, .
';';'/:",'"
f",:::
~t . ,~,
~, ~ .
l'
.~>. ,. ~
i;' ',.
:>:
c{'
....1.. ~
'~.:J ':
" .\.
.. ~ / J
,..
':Date
'"
"
... ,',
"
c 'c ~' :
" '
.c. .
.'.
,{, J-
"
" \
! :
"
"
~ ~ : ~ f j "c.' I ,';' <' (. "
/: ,'.
.,
I.
,
..
.,'
.'
\'
:,
MCEB
;M:llni~ipal C~de Enforcement Board
,',", .' Minutes .
Oc.+Obe~
a8} 'IQqg
,.,
I:
1003
, '
. .,
, . ~ ~~c:~c'" :.\..<)':.;i;~~;7,~~:H~f ....I.~(cl!'.~...:~: :.c. ;....!.: I'~'.'~""~ J""~~.'~;n.:.:"" :,: ~\~~I+ & \~~~~::... ~,' VI ~'};~;~ ':i~::~c~k.{~~'.\t~'~':1.iJ ~~t~j.:\};~,,:: ,I.(t: .:'~~ ~:>~. ;'d .::~.~:' ;;.;. .,!~~, I~' ~.~JJ';'I.~,:'~/:,~; lr;~,i"; ~;jk;;it~.,\-t.i';'i~',r-":'1,..,:"'I"'1 iHN.......~." I~'~.~...J -1'.-.
" .
J .c,
"
~ \ ~
,"
"
-"
. . . .' '. . .... -'. ~.' .. .. . . .'. . ., ." .: '. ,. I _. . < " r' . . ....:!'
,',
, "
, .
."
.~ I. '
. '
. ,
. .~' '/:
o
D. Case 23-98
Dimmitt Car Leasing Inc.
914 Park Street '
(Building) - Wright
E: Case 24-98 ,
Clearwater Roofing Co., RQbert Binder
1479-A Greenwood Ave. S.
(Land Development Code) - Niemiller
Request to Continue
,
D. ,Withdrawn, complied prior.
\'
~~i:i/:,~<">;.~:','I':;',';;: .,::..'
:~:';) ,': , '.
'~rl.".I~ . ~ . ,':.
:1~'; ~ .
.,;", ..
. .~i .~,~. .
-,"",-. .
(, "
,. .
.,
~!, '~ote: ,9/23/98 meeting ~as
, " . canceled due to no quorum
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
October 28, 1998 - 3:00 p.m.
i;.
\ ..
..'
:..
1. PUBLIC HEARINGS
,
~ . . .
A. Case 16-98
(Cont. from 8/26/98)
Huso & Nidzara Zivalj
2085 N. San Sebastian Way
(Building) - Chianella '
A. Withdrawn, complied prior.
";. .
'.: .
, '
.: '
.,',
.: ,.
B. Case 21-98
Lori FenoUo
1718 Druid Road
(Building) - Chianella '
B.Comply within 30 days 111/27/98) or $250/day.
..'
',,'"
. .
, "
,
" .
C. Case 22-98
Mark Rossi ,
708 Madera Avenue'
. (Housing)- Wright
Request to Continue
,c. Continued to 11/18/98.
:.::
.',<"
,."'
, ,
'" .'
, \
, "
"
. ~ ~
..
, "
'.
E. Continued to 11/18/98.
" ,
.' \..~
~ ~ '
.:.:.
F. Case 25-98
Thomas L. George, Jr.
417 N. Washington Avenue
(Building) - Scott
F. Comply within BOdays (12/27/98) or $150/day.
','{ I
_..1
. ." ~
~:; ~i.
.:- :"~"\
' '-../
, G. Case 26-98
Bill V. & Sophia Stathopoulos
1975 Drew Street
(Building) - Chianella
H. Case 27-98 H. Comply within 45 days (12/12/98) or $50/day.
,Carlton McCray 1 Estate of Maggie Bridges
1016 N. Greenwood Avenue
(Building) - Chianella
, G.Comply within 45 days (12/12/98) or $100/day.
'.'.
..., .(
;.:;.,'.
, ,
." i,
. f...':'
'. .
....E
'll.
r . \ . ~
.~. ~ ~
, .'
. ."
. ..1
.t'. .. I
. "
:: . ',,' CONTINUED
~". :~'.:' '1.0/281.98
1
" "
. :~.
, ".>
,
I'
." ~ ~
"+:
'. ~'.,'. '0'" ""r. ,,::~,:':'.":"'.' ../:.......:.1.. .~..'.i:...' p" 'p' . ',.'/ ">."r 0' .::r.~~,:,'.',~..~... +'> ~~.\-: t . .1.: :.:...~..... '..~ I:.~~ .. I. :',:,':1'.'
...:,.<,...",';:;.;,<:',,"..',:,,::..':,::.,..'.~..~..',':,.~.:".:..:..~.....::,',:~:.,,::;.~...:,'~..'..,.:.,,'.,.,:,.',,',',......., ~...,:...:<.,.'"..r~,',.'.,. "",:,>..:',':'-:'; ..~." ;:'.:',';' ".: ..", ." '", .'....::-:.'.;::, .":':'''' .
, ',;" """, · , .,'. ,,'ii, ,:: ., J:,', ,.' ,'. "".;' , '.:<,C' ;,;,': .:, ::' .:;\:' :;}.',~:,> 'L:,>/ :,;,,\!: ::,,: ':'}'<;'::',
": ~ ~.
.. ,
..,
": .. :,.0'
0.....
, ,<
, ,
. >".
.: .. I,. . ',. r .'
~F\:<;\:',~};:,., , ,
I'; <,' j .
,
~ ",,;.
"
~~j: '.
'\ . .;'.
~,,;;, '
"
';,'!',' , "Action Agenda Cant.
~ ., >
I'
.>t . ~ :.
"'.'
>, '
, "
" ,
1. 'Case 28~98
Robert S. Croston
2346 Druid Road #1213
(Housing) - Wright
I Request to Continue
I. Continued to 11/18/98.
. . . I
" '
J. Case 29-98
Fred Ferwerda (Representative for Condo)
100 Waverly Way
(Fire Alarm) - Blackburn
J. Continued to 11/18/98.
2. UNFINISHED BUSINESS
A. Case 20-98 M Affidavit of Compliance
Wayne Klein
1011 Turner Street
,(Building) - Chlanella
.1
,
A. ' Accepted.
,
8.' Case 12-98 - Affidavit of Compliance
Pat G. Trizis '
1748 St. Anthony Drive
(Building) - Chianella
8. ,Accepted.
C'~'
C. Case 42-97 - Affidavit of Compliance
James R. Helms
1232 S. Sedeeva Circle
, (Building) - Scott
C. Accepted.
D. Case 20-95 - Z Affidavits of Compliance
Gary & Phillips Wood
Patrick Media Group, Inc.
1556 S. Ft. Harrison Ave.
(Land Development Codel - Furlong
,
D. Accepted.
E. Case 04-92 - Affidavit of Compliance
David Gangelhoff d/b/a Gulf Marine
405 N. Ft. Harrison Avenue '
(L~md Development Code) - Doherty
E. Accepted.
, ..
F. Case 18-98 - Affidavit of Non-Compliance ,F. . Accepted; Issued order imposing fine.
Anna, M. & Bernard A. Hawk
700 S. Highland Avenue
(Building) - Chianella
G. ' Case 19-98 - Affidavit of Non-Compliance G. Accepted; issued order imposing fine.
Vasilios & Dimitrios Vassos
111 S. Orion Avenue
,"'_" (Building) . Chianella
0CONTINUED '
'10/28/98
2
':.'
" I, I ,.-' ,'I,
: .';.. ;"
,',' . t, '.: ''-' ,-' :' :,'; 1,',':,';~:i~~"J;,~i:;:G;,';)~:/):::,:~'.'<'
"., .
:~!~;J~<",~:~;~,:,:,,~~:,~~,::,;.,~,;<.t',,:~:,::,1"~::),. :~'.;',: ',: ~:/, .., .'..
~'J"'i "-,' ;:\.I'~11.,\~.'""""" ',' ,
~&:~j\;:~>'..:;:,~. ...':....., ;~:.~;.;, :"'r: . ':, ,;. ': " '. "...
I~'\~\': ,: '.
~t.~.:':"":"" .', .
f~,;<:\'.:Actlon Ag~nda Cont.
t... " c
~?'~\?, :,,' H.. CBsa:,16-98 ,;'Affldavlt of Non-Compliance
:-;:,' ,i"""\. :: .~atherlneA. Pepper
~':""',"'-~)' ',138,4 Milton Avenue
'(Building) ~ Chlanella .
: ".e'
\ ,'.
H. Accepted; issued order imposing fine'.
3.' ,. OTHER- BOARD ACTION/DISCUSSION
'A. Discuss November fy1eeting
. B. Schedule Worksession
A. Scheduled for 11/18/98.
B. 12/9/9SMeeting to begin at 2:00 p.m.;
Worksession to follow.
,"
'4. APPROVAL OF MINUTES - 8/26!9S ;.' Approved as submitte'd.
, '. 5.
ADJOURNMENT ~ 4:19 p.m.
i
.'
. ~ I
, "
"
:"
, /. ;.
~;.i' "~" .' "
'.~~ ..~,'T ,
. "
. .:' .
"
, ,
.: .
'.' :,
. .' . t ~. :. ,l" .'
if'
..:};
~~L.',
. (" "
I" .
. ,~H..
___; ."1
~(":.'
t '" '
h~, ':.
';0:" <
'.
'.'
',' I.
". ,;
" " ,
, "
":' ) ~ ~~ ~~ . , ,
:",.~), '.
,.
'.:
.,
('
. .'
,., .
"
,. ;,
, :
I\,
" .
,3 '
.. '.. ., , . , "~ l' ",:",;"';1':',>;:.,'!T~:~.:.ii:,';~t:'~.:"'~:',/~',"~~"C""~"':'!;:':"":"~"':'\::JJ('. i".,..':.?'.;:.~,~".~~".,
:,1.,\ :;!~<~'~'''IT:'< ;'\ c.~::."~'~~I':.:""~~'H~'.~~:~'f:.i.i<~~:~:.~:i.",~~ .f~: :.l>:..~~:,"~..n' .<!::~:.::~..,\:,:~ ~1"" "'L~ ~ ~ ~._~ "
~~~r~;"
~ c , :,. ~ . ~
",", ' 'J l
'~'(~i',;!:". :..:. c . :I '
,!)/< :;
~ :' .
:,',
',". I
,\
I,', .
':'~r'
...' f ~..r,J
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
October 28, 1998
Present': .
Helen Kerwin
Lawrence Tieman
Frank Huffman
Mary Rogero
Sheila Cole
Joyce Martin
Chair
Vice-Chair
Member
Member
Member
Member
\,
Absent:
David Allbritton
Member
Also Present: Leslie Dougall-Sides
ChdstopherAiello
Mary K. "Sue" Diana
, Patricia Sullivan
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
.,".
"
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.
" .(:J
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
C<<?urt 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 Hearinos
A.
Case 15-98
(Cont'd from 08/26/98)
Huso & Nidzara Zivalj
2085 N. San Sebastian Way
(Building) - Chianella
'I
In her October 27, 1998, memorandum, Code Enforcement Inspector Dana
. Chianella withdrew Case #15-98 as the property is now in compliance.
B. 'Case 21~98
Lori Fenolio
1718 Druid Road
(Building) - Chianella
" Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
She reported the notice of hearing sent by certified mail was returned unclaimed by
,. ....) the Post Office. Service was obtained by physically posting the notice of hearing on
J the property and at City Hall. Property owner Lori Fenolio was not in attendance.
mcb1098
1
10/28/98 '
. "'.
I~' ':" '.
',c
>., >"'.
!(: :.
~ ~ .
"~
~
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).
In response to questions from Ms. Dougall-Sides, Code Enforcement
Inspector Dana Chianella said while driving on July 16, 1998, she saw evidence of
. 'construction work including the replacement of some windows with different sized
ones, the elimination of some windows, and the addition of a new front door and a
sliding glass door. Ms. Chianella said she had posted the property with a stop' work
order, took photographs, and subsequently reviewed the County property ownership
records, determining Lori Fenolio is the owner. The owner called, stating she would
pull the required permit.
Ms. Chianella testified she last spoke with the owner on August 19, 1998,
when Ms. Fenolio indicated the application was completed, the check was ready,
and the permit would be pulled. On August 25, 1998, a Code Enforcement
Inspector reported Ms. Fenolio had indicated she would pull the permit. The
property was posted again on October 15, 1998, and photographs taken of
additional work done, including the completion of some projects.
, -.....
'I
;
, ../
Ms. Chianella said based on the home owner's pattern of breaking promises
and the ample opportunity provided her to comply with the notice of violation, she
recommended a fine of $250 a day for continued non-compliance after 30 days.
Exhibits 111 - 115 including photographs taken July 16, 1998, October 15, 1998, and
October 28, 1998, were submitted. In response to a question, Ms. Chianella said
the blocked windows may require some life safety corrections. She reported work
on the back of the house has not been completed.
Member Cole moved that concerning Case 21-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on October 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 Dana Chianella (Respondent was
not represented) and viewing the evidence, City Exhibits 1 -5 (Ex. 1 - stop work
order dated 07/26/98; Ex. 2 - code section cited; Ex. 3 . property owner
verification; Ex. 4 - affidavit of violation and request for hearing and notice of
hearing; and Ex. 5 - photographs of the property taken 07/16/98, 10/15/98
and 10/28/98), it is evident the property is in violation of the sections of the building
code as read into the record.
CONCLUSIONS OF LAW
':j
The Respond ent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Sec. 47.081 & 47.083(2) and Art. V, Sec. 47.111 of the Code of the City of
Clearwater, Florida, in that the Respondent has failed to remedy the cited
violation{s) .
,:
mcb 1098
2
10/28/98
/~.~.:.. ~~.~ -~".... ,..'
J' .
./
~' <, " !
}:::,:.!" "', .
:V~,' '. . ,'/
','
"
..,\,1, '.
'"
I", "
!.',..
' .
"
,',
\~
. : ~
~ . < ~.
.J
t'f-<,,,,,,,,, "
'.
l.
I
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
. violation within 30 days (November 27, 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 November 27, 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
. November 27, 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 t,ime 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 nDt 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 22-98
Mark Rossi
708 Madera Avenue
(Housing) - Wright
In his October 26, 1998, memDrandum, Building Inspector Bill Wright
requested Case. #22-98 be continued.
Member Tieman moved to continue Case #22-98. The motion was duly
seconded and carried unanimously.
D. Case 23.98
Dimmitt Car leasing, Inc.
914 Park Street
(Building) - Wright
mcb 1 098
3
'0/28/98'
, "
, ':
.:.0 \.
" '
~}::,:; :'.:,',
.. .
C".
.".". \"
..'1
..... ".
, ,
".
In his October 14, 1998, memorandum, Mr. Wright withdrew Case #23-98
as the property is now in compliance.
E. Case 24-98
Clearwater Roofing Co., Robert Binder
1479-A South Greenwood Avenue
(la.nd Development Code~ . Niemiller
In her October 23, 1998, memorandum, Code Enforcement Inspector Vickie
Niemiller requested Case #24-98 be continued.
mcb 1098
4
10/28/98
, Member Tieman moved to continue Case #24-98. The motion was duly
seconded and carried unanimously.
, "
F.
Case 25-98
Thomas L. George, Jr.
417 North Washington Avenue
(Building) - Scott
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 property owner had received notice of this meeting. Property owner
Thomas L. George, Jr. was in attendance.
,; , ,-,,\
, \,~./
In response to questions from Ms. Dougall~Sides, Building Inspector Robert
Scott said ba'sed on an anonymous complaint, he inspected the subject property on
November 4, 1 997, saw evidence of rotten wood and significant damage to the
home's front porch, took photographs, and posted the property with a stop work
order. A review of County property ownership records determined Thomas l.
George, Jr. is the owner. Mr. George had secured a permit for the project on
November 17. 1997. During a reinspection on May 1, 1998, Mr. Scott said he
issued a 6 item correction notice noting deficiencies including exposed wood and
discussed the matter with Mr. George. The property was posted for noncompliance
on August 6, 1998. Mr. Scott said a subsequent inspection on August 18,1998, ,
indicated no repairs to the front porch spans nor installation of appropriate hurricane
clips, etc. Photographs taken October 26, 1998, indicate the property remains in
noncompliance.
Mr. Scott recommended requiring an engineer certification stating the wood
on the porch is capable of bearing up to a 102 mph wind load. He said termite'
. damage to the main building exists but not to the addition. He recommended after
the engineer certification is obtained, stucco be used to cover the wood. The City
has received numerous complaints about the project which is more than a year old.
Mr. Scott noted the permit will expire on November 17, 1998. He
recommended a fine of $150 a day for continued non-compliance after 30 days.
Exhibits #1 - #9 including photographs taken November 4, 1997, September 22,
.~) 1998, and October 26, 1998, were submitted.
I.: .,
, . .' '.', .;"'~"'. ,.. ",".. .. .,.'......: :i,.' .~", ,'.:' .....:. ,,' ..:.... .+~', ':" " .'..' ,'t... ';..., . ," .~: .:,' . .'~' ",.'J. ;..., ....:. II:. .. . 'll,.' . ....
I'.," "
"iA '.::c: I . .,.
i ~ ~
8
o
:~
\ .
" "
" Mr. George said he is a single parent and has been trying to complete the
work in spite of financial problems. He no longer ;s self-employed. He said he also
has been working on other on-site projects. He presented photographs showing
I additional repairs on the porch have been completed and that the project does not
affect his neighborhood negatively. In response to a question, Mr. George said
during the 2-year long project he has replaced the front door and removed the roof
from an existing porch. He said he has tried to remain in compliance and has the
required permits. In response to a question, Mr. Scott said he was not sure the City
would extend the permit without proof of significant progress. The requirement for
an" engineer certification was reviewed, with the clarification that a certified sketch
is n"ot acceptable. In response to a question, Mr. George said he could complete the
required work on the porch and obtain an engineer certification within 60 days.
Concern was expressed additional hardships not be imposed on the property owner.
Member Huffman moved that concerning Case 25-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on October 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 Robert Scott and Respondent, and
viewing the evidence, City Exhibits 1-9 (Ex. 1 - stop work order dated 11/18/97; Ex.
2 - notice of violation dated 06/01/98; Ex. 3 - property owner verification; Ex. 4.
permit history; Ex. 5 ~ correction notice dated 8/19/98; Ex. 6 - affidavit of violation
and request for hearing and notice of hearing; Ex. 8 - code section cited; and Ex. 9 -
photographs of the property dated 11/04/97, 09/22/98 and 10/26/98), it is evident
the property is in violation of the sections of the building code as read into the
record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 47, Art. V,
Sec. 47.111 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 (December 27, 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 December 27, 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
December 27, 1998.
mcb 1098
5
10/28/98
: ", , ; .'. . '.. . . . .'. . '; . '. .' ~ ,: :_: . '. .' . " .,: ~. ...", '. .. .. . ~: : . . I
I~ < " , " .1
:',..' ,
,',
.,' .
,.
.,-\
, ,
... . ,,~
,':J
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
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.
Ms. Hill said she lives next door to the subject property. She said since the
project began 3 years ago, she has been unable to sell her home due to the
unsightliness of the subject property. ,She predicted further delays will cost her
money.
G.
Case 26-98
Bill V. & Sophia Stathopoulos.
1975 Drew Street
(Building) - Chianella
'I
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 property owner had received notice of this meeting. Property owners
Bill V. & Sophia Stathopoulos were not in attendance.
In response to questions from Ms. Dougall~Sides, Mr. Scott said in response
to a telephone complaint, he had made his initial inspection of the subject property
on January 30, 1998. A review of the County property ownership records
determined Bill V. & Sophia Stathopoulos are the owners. The subject property has
a commercial use downstairs and upstairs apartments. Although he could not enter
the property, Mr. Scott could see work was in progress and issued a stop work
order. He later inspected the property with a contractor who had requested
information on necessary repairs. Mr. Scott said after a roof leak had damaged the
dry wall, the owners had decided to move walls and plumbing. He said electrical
box wires were hanging without fuses. Mr. Scott reported his last contact with a
property representative was onsite on July 29, 1998. He said Mrs. Stathopoulos
had indicated she was in the process of hiring a contractor. A permit was pulled
yesterday. Mr. Scott said it is important the work be completed and properly
inspected, including electrical and mechanical inspections.
mcb1098
6
10/28/98
.
As the work has been in progress for 11 months, Mr. Scott recommended a
fine of $100 a day for continued non-compliance after 45 days. Ms. Chianella said
she had provided Mrs. Stathopoulos a 10 day extension in August 1998. She said
photographs of the site taken from outside indicate insulation is hanging from the
ceiling. She concurred with Mr. Scott's recommendation. Exhibits #1 - #6 and
photographs taken June 25, 1998, and October 28. 1998, were submitted. Ms.
Chianella will reinspect the property after repairs are made.
mcb1098
7
10/28/98
Member Tieman moved that concerning Case 26-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on October 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 Dana Chianella (Respondent had
no representation) and viewing the evidence, City Exhibits 1-6 (Ex. 1 - stop work
order dated 06/25/98; Ex. 2 - affidavit of posting dated 06125/98: Ex. 3 - property
owner verification: Ex. 4 - affidavit of hearing & request for hearing and notice of
hearing; Ex. 5 - photographs of the property dated 06/25/98 and 10/28/98; and Ex.
6 - code section cited), it is evident the property is in violation of the sections of the
building code as read into the record.
CONCLUSIONS OF LAW
,-",
I
,
,
The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Sec. 47.081 & 47.083(2) and Art. V, Sec. 47.111 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 45 days (December 12, 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 December 12, 1998, the
Respondent may be ordered to pay a fine in the amount of one hundred and no/l0o
dollars ($1 00.00) per day for each day the violation continues beyond December 12,
1998.
~.:.J
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.
't\ .
;,
,/')
.~. .,.
...:
\
\~-~/
\~
"JJ#' . j.
" ,
I <
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.
H.
Case 27-98
Carlton McCray/Estate of Maggie Bridges
1016 North Greenwood Avenue
(Building) - Chianella
Ms. Dougall-Sides indicated a review of the County property ownership
records determined the Maggie M. Bridges estate owns the subject property.
Carlton McCray, nephew of the deceased, had filed a petition to represent the
estate. The last order related to the estate was dated June 1997 ~ No one has been
appointed officially as representative although Mr. McCray is the person listed in
County records to receive official documents.
Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
She reported the notice of hearing sent by certified mail was returned unclaimed. '
Service was obtained by physically posting the notice of hearing on the property and
at City Hall. Carlton McCray was in attendance.
, In response to questions from Ms. Dougall-Sides, Ms. Chianella said she had
made her initial inspection of the SUbject property on August 4, 1998, in response
to notification by Building Inspector Freddie Hinson. She saw evidence of a 6-foot
high wood fence being installed next to a 6-foot high chain link fence and issued a
stop work order. A contractor is not required to install the fence but a property
survey is needed to obtain a permit.
Ms. Chianella recommended a fine of $ 50 a day for continued non-
compliance after 30 days. Exhibits #1 - #7 including photographs taken August 4,
1998, and October 28, 1998, were submitted.
Mr. McCray said his family has o'wned the subject property for 74 years. He
said he was installing the wood fence to protect the property as the chain link fence
has been ineffective in stopping people from using the lot as a dump. He said he
will get title to the property eventually. Even though the fence is not on the
property's border, Ms. Chianella indicated a permit and survey are required. It was
recommended Mr. McCray work with staff.
Member Rogero moved that concerning Case 27-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on October 28,
mcb.t 098
8
10/28/98
"
'lJ.
.\.",;
.!
,e)
~ '......>
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 Dana Chianella and Carlton
, McCray representing Estate of Maggie Bridges and viewing the evidence. City
Exhibits 1-7 (Ex. 1 - stop work order dated 08/04/98; Ex. 2 - affidavit of posting
dated 08/04/98; Ex. 3 - certified mail receipt; Ex. 4 - property owner verification;
Ex. 5 - affidavit of violation and request for hearing and notice of hearing; Ex. 6 -
code section cited; and Ex. 7 - photographs dated 08/04/98, 10/15/98 and
10/28/98), it is evident the property is in violation of the sections of the building
. code as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Sec. 47.083(2) and Art. V, Sec. 47.111 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 45 days (December 12, .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 December 12. 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 December 12, 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.
.cr..
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 wi!1 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.
<.J
mcb 1098
9
10/28/98
Jii'~i;: ~'.:\)/ .,.:.' " ,.,' '..".",.
.(...J~
,"1 l
i ',' ,
tl ..
'..
, "
1<~; ) , .
o
~,
,i(3,
.Il'.,.: ."
" . .
, ,.' ~
j ,
c'
, I. Case 28-98
Robert S. Croston
2346 Druid Road # 1 213
(Housing) - Wright
Staff requested Case #28-98 be continued. A letter has been received
from Robert Croston asking for his hearing to be rescheduled as he would not
be in the area for today's meeting.
Member Tieman moved to continue Case #28-98. The motion was duly
seconded and, carried unanimously.
J. Case 29-98
Fred Ferwerda (Representative for Condominium)
109 Waverly Way
(Fire Alarm) - Blackburn
1
I
I
I
f
!
I
I
t
,
, ,
Inspector Ann Blackburn requested Case #29-98 be continued.
Member Tieman moved to continue Case #29-98. The motion was duly
seconded and carried unanimously.
ITEM #2 - Unfinished Business
A. . Case 20-98 - Affidavit of Compliance
Wayne Klein
1011 Turner Street
(Building) - Chianella
B. Case 12-98 - Affidavit of Compliance
Pat G. Trizis
1 748 St. Anthony Drive
lBuilding) - Chianella
"c. Case 42-97 - Affidavit of Compliance
James ,R. Helms
1232 South Sedeeva Circle
(Building), - Scott
D~ Case 20-95 - 2 Affidavits of Compliance
Gary & Phillips Wood
Patrick Media Group, Inc.
, 1556 South Fort Harrison Avenue
(La'nd Development Code) - Furlong
mob 1098
10
10/28/98
<' p >' . ". I . ....,',. '., '.... > ,." ,.'. "',' .. T, '~,.,~' . i' >
I' ;':;~':;~ ,;.~.:~: ,.::,:. I):~:;.~: ~\'~.;.>,'
'.',co :. \~'i~f~~.ft\c;.'~~:'~~~~~'~'L~~>.p~\:):~"'E' ,::~ \::~~:.:. ;t-:. '., : ,:,.
."';.'.
: ~ .. ~.,,! 1." . .
!{"\..,,,:
. '. ."
".' "...
" . c'! ~ '
.,1
"
", ,'\',
<I'
.""
,/
,. ,."
'. . J
I':~' . '....... r'
c
....
Case 04-92 - Affidavit of Compliance
qavid Gangelhoff d/b/a Gulf Marine
405 North Fort Harrison Avenue
(Land Development Code) - Doherty
Member Tieman moved to accept the affidavits of compliance for Cases
20-98, 12-98, 42-97, 20-95, and 04-92. The motion was duly seconded and
carried unanimously.
F; Case 18-98 - Affidavit of Non-Compliance
Anna' M. & Bernard A. Hawk
700 South Highland Avenue
(Building) - Chianella
G~ Ca~e 19-98 - Affidavit of Non-Compliance
Vasilios & Dimitrios Vassos
111 S. Orion Avenue
(Building) - Chianella
H., 'Case 16-98' - Affidavit, of Non-Compliance
Katherine A. Pepper
1384 Milton Avenue.
(Building) '- Chianella
:... r-)
, '
.. ""-
Member Huffman moved to accept the affidavits of non-compliance and
issue the orders imposing the fines for Cases #18-98, #19-98, and #16-98.
The motion was duly seconded and carried unanimously.
ITEM #3 - Other Board Action/Discussion'
A. Discuss November Meeting
Due to the Thanksgiving Holiday, Ms. Diana recommended the board
modify its November schedule.
Consensus was to schedule the November Municipal Code Enforcement
Board meeting on November 18, 1998.
8. Schedule Worksession
Consensus was to schedule the December 9, 1998, meeting at 2:00
p.m., to be followed by a workshop. ,Ms. Diana will verify the date with the
board's attorney.
ITEM #4 - Aooroval of the Minutes
-~. .,\
. .
\.:.....,1
mob 1098
11
10/28/98
c ". ~ ' T, _ "
. '. ". .
'+:. '.' ,,'/.,: '",: " .
. "
... '.\,
.'.. J..
.".'. .~'
. ~l ~
',. It .
':
.c.' . .'." ...,'.
. t'.
\ .
, '
, ):
.!
f. . < ~
"
~tl~/
-,.. .,.
~'}:".'" ....
~:', ~ , '
1.L '. . .
. , '
'. . ~ ~.j ".'
I'
. . Member Huffman moved to approve the minutes of the regular, meeting
of August 26, .1998, as recorded and submitted in written summation to each
..board member. 'Themotlo" was duly seconded' and, carried unanimously.
ITEM #5 - Adiournment
The meeting adjourned a 4:19 p.m.
~~Ait/e/~
r~.e Chair 0'" '
Municipal Code Enforcement Board
Attest:
.,"
OJ
) . .
'~
' ' ,
, .
.'~" ..' '~'./,'
',~ec~e ,ry 0 the Board '
, .
t,<. . . ~ . F
~~::.:~~'., .
~;~~<H"':.~):c '
i}: .. IT.
~::': ,:~'" "
t,,:.(7\
J," :'<../
,"
~\ ~.
1;; ,
j':
~ >' I.
~ '
, ,
"
','
Ii
, I
., "
_II
..."
, .
, .
,I.',
, ~. I
'!
"
rr.C
, "
; ,
;".8
. ~':'. \.'
'~: :';, ' L,
~~s~j;::,;;,::;;",~~Cbl 09~ '
"
12
10/28/98 .
" ., r '...' "'.. .,; : I . ,- . , ."' . I ....':, t'. ..,'.., :-~. ".,