12/09/1998 - 2:00 PM (2)
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Minutes
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ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
December 9, 1998 - 2:00 P.M.
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. PUBLIC HEARINGS
A. Case 24-98
. (Cent. from 10/28 & 1 1/18/98)
Clearwater Roofing Co., Robert Binder
1479-A Greenwood Ave. S.
lLand Development Code) - Niemiller
A. Withdrawn.
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B. Case 30-98
(Cont. from 11/18/98)
Mary W. Smith
.1111 . Blanche B. littleJohn Trail
(Building) - Chianella
B. Comply within 30 days (1/8/99) or $1 50/day.
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C. Case 33-98
Mary L. Scott
221-223 N. Saturn Avenue
(Housing) - Wright
C. Withdrawn, complied prior.
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D. Case 34-98
William &. Hope Georgilas
1849 Gulf to Bay Boulevard
(Building) - Chianella
REQUEST TO CONTINUE
D. Continued to 1/27/99.
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E. Case 35-98
Michael L. Holman
702 Phoenix Avenue
(Building) - Chianella
E. Comply within 30 days (118/99) or $50/day.
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F. Case 36-98
. Ofer Zuka
2009 Cleveland Street
lBuilding) - Scott
F. Comply within 60 days (2/7/99) or $25/day.
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G. Case 37-98
Robert M. & W. Rhonda Dobraski
1533 S. Jefferson Avenue
(Building) - Chianella
G. Comply within 60 days (2/7/99) or $100/day.
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H. Case 38-98
James Williams & Sabrina King
1265 Seminole Street
. (Building) - Chianella
H. Withdrawn, complied prior.
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I. Case 39-98
. Metco Development Corp,'
Robert J. Metz - Registered Agend
1469 S. Belcher Road
.' (Building) -: Chianella
I. Withdrawn, complied prior.
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Cont.
. 12/9/98
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, "J. Case 40798
, Remprop Inc.
105 N. Mercury Ave., Bldgs 1-4
, (Building) - Chianella '
J. Comply within 45 days (1/23/~9~ or $250/day.
K. Case 41-98
Abdelmaged M. & Gail Ahmed
1505 N. Ft. Harrison Ave., Units'A & B
,(Housing) - Hinson
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K. Comply within 30 days (1/8/99) or $250/day.
,2.
,UNFINISHED, BUSINESS
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B. Case 46-94 - Affidavit of Compliance B. Accepted.
Dean Roofing & Sheet Metal Inc.
509 N. Greenwood Ave.
(Land Development Code) - Rosa
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'A. Case 01-98 - Affidavit' of Non-Complia~ce A. Accepted; issued order imposing fine.
(Cont.' from 11/18/98)
Patrick B. Baker
101 2 Jones Street
(Housing) - Hinson
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3., OTHER BOARD ACTION/DISCUSSION
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A. Request Authorizatiorl for Foreclosure
Case #06-98
Glen R. Johnson, Inc. and Affiliates
Beach Communities II, Inc.
Registered Agent, Glen R. Johnson
1350 Gulf Blvd.
A. Authorized foreclosure.
,B. Election of C~air & Vice-Chair for 1 999
B. Elected Kerwin as Chair & Tieman as VicewChair
4. APPROVAL OF MINUTES - 11/18/98 - Approved as corrected.
5. ADJOURNMENT - 4:15 p.m.
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CONVENE WORKSESSION - 4:25 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
December 9, 1998
Present:
Heh~n Kerwin
Lawrence Tieman
Frank Huffman
David Allbritton
Mary Rogero
Sheila Cole
Joyce Martin
Chair
Vice-Chair
Member
Member
Member
Member
Member
Also Present:
Assistant City Attorney
A ttorney for the Board
Secretary for the Board
Board Reporter
Leslie Dougall-Sides
Mark Connolly
Mary K. "Sue" Diana
Patricia Sullivan
The Chair called the meeting to, order at 2:00 p.m. at City Hall.
To provide continuity for research. items are in agenda order although not
necessarily discussed in that order.
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 - Pub'lic HearinQs
A. Case 24-98
(Coned from 10/28 & 11/18/98)
Clearwater Roofing Co., Robert Binder
, 479-A Greenwood Avenue South
(Land Development Code) - Niemiller
In her December 7, 1998, memorandum, Inspector Vickie Niemiller withdrew
, Case #24-98 as the property has been sold. '
B.
Case 30-98
(Cont'd from 11/18/98)
Mary W. Smith
111 Blanche B. littleJohn Trail
(Building) - Chianella
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
, Mary W. Smith was not in attendance.
mcb 1298
12/09/98
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~ In response to questions from Assistant City Attorney Leslie Dougall-Sides,
Inspector Dana Chianella said Inspector Bill Wright had issued a stop work order on
July 17, 1998, for work on the conversion of a garage on the subject property into
a room being done without a building permit. Leroy Thomas, the tenant who
performed the work, is not a licensed contractor. He continues to live on site.
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Ms. Chianella reviewed City attempts to discuss the violation with the
property owner, tenant, and Bay Realty. On August 7, 1998, the owner denied
knowledge of the problem. On August 14, 1998, the tenant told staff he would be
pulling a permit. Staff issued continuances to the realtor in August and to the
owner on November 3, 1998,after she indicated she had been hospitalized. On
November 19, 1998, her daughter told staff she had authority to pull the permit and
would do so while she was in town. To date, no permit has been issued and the
property remains in violation with code.'
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Ms. Chianella identified City Exhibit 4 as photographs Mr. Wright had taken
of the building on July 17, 1998, and photographs she had taken of the structure on
July 28, 1998, and December 9, 1998. The photographs are an accurate
representation of current conditions. She recommended 30 days to comply or a
$1 50 per day fine be imposed.
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Ms. Dougall-Sides submitted City Exhibits '-4 and displayed photographs
taken this morning.
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In response to a question, Ms. Chianella said a considerable amount .of work
appears to have been completed. She has not been able to enter the property. It
appears as if separate apartments are being constructed.
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Member Huffman moved that concerning Case 30-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 9,
1 998, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
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fiNDINGS OF, FACT
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After hearing testimony of Code Inspector Dana Chianella (the Respondent
was not present and had no representation), and viewing the evidence, City Exhibits
1-4 (Ex. 1 - stop work order; Ex. 2 - applicable code sections; Ex. 3 - affidavit of
violation & request for hearing; and Ex. 4 - photographs, it is evident the property is
in violation of the sections of the Building Code as read into the record.
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CONCLUSIONS OF LAW
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The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Secs. 47.081 & 47.083(2) and Art. V, Sec. 47.1 11 of the Code of the City of
Clearwater, Florida, in that the Respondent has failed to remedy the cited
violatiolJ Is).
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12/09/98
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ORDER
It Is the Order of the Board that the Respondent is to correct the aforesaid
violation within 30 days (January 8, 1999). 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 January 8, 1999, the
Respondent may be ordered to pay a fine in the amount of one hundred fifty and
no!100 dollars ($1 50.00) per day for each day the violation continues beyond
January 8, 1999.
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 Pinel1as
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. . l '
Should the violation reobcur, 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.
C. Case 33-98
Mary L. Scott
221 -223 N. Saturn Avenue
(Housing) - Wright
In his December 9, 1998, memorandum, Inspector Bill Wright withdrew Case
#33-98 as the property is now in compliance.
D. Case 34-98
William & Hope Georgilas
1 849, Gulf-to-Bay Boulevard
(Building) - Chianella
In her December 3, 1998, memorandum, Ms. Chianella requested this case
be continued.
Member Tieman moved to continue Case 34~98 to January 27, 1999. The
motion was dUly seconded and carried unanimously.
mcb1298
12/09/98
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E.
Case 35-98
Michael L. Holman
702 Phoenix Avenue
(Building) - Chianella
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'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
the property and at City Hall. Property owner Michael L. Holman was not in
attendance.
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In response to questions from Ms. Dougall-Sides, Ms. Chianella said on
August 20, 1998, she had issued a stop work order after noticing work underway
on,the subject property to enclose a garage without a permit. She had posted
notices of violation on the property and at City Hall. Upon reinspection, the
property remained in violation as no permit had been issued.
Ms. Chianella said property owner Michael Holman had stated he was
starting a new business.
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Ms. Chianella identified City Exhibit 5 as photographs she had taken of the
structure on August 20, 1998, November 25, 1998, and December 9, ,1998. The
photographs are an accurate representation of current conditions. She
recommended 30 days to comply or a $50 per day fine be imposed.
Ms. Dougall-Sides submitted City Exhibits 1 -5 and displayed photographs
taken this morning.
In response to questions from Board Attorney Mark Connolly, Ms. Chianella
verified the property was posted with notice of this meeting on November 25,
1998. Permit requirements and procedures related to stop work orders were
reviewed. In response to a question, Ms. Chianella indicated the work was near
completion when the stop work order was issued. Ms. Dougall-Sides said
applicants can submit as-built drawings when applying for the permit.
Member Allbritton moved that concerning Case 35-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 9 ~
1998, and based on the ,evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
FINDINGS OF FACT
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After hearing testimony of Code Inspector Dana Chianella lthe Respondent
was not present and had no representation), and viewing the evidence, City Exhibits
1-5 (Ex. 1 - stop work order dated 08/20/98; Ex. 2 - affidavit of posting: Ex. 3 -
applicable code sections; Ex. 4 - affidavit of violation request for hearing and notice
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mcb1298
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1 2/09/98
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of hearing; and Ex. 5 - photographs taken 08/20/98, 11/25/98 and 12/09/98), 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,
Sacs. 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 30 days (January 8, 1999). 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 January 8, 1999, the '
, Respondent may be orde~ed to pay a fine in the amount of fifty and no/100 dollars
($50.00) per day, far each day the violation continues beyond January 8, 1999.
If Respondent does not comply within the time specified, a certified copy 6f
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 potition 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.
F. Case 36-98
Ofer Zuka
2009 Cleveland Street
(Building) - Scott
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
mcb 1298
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1 2/09/98
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the Post Office. Service was obtained by hand delivering it to resident, Michelle
Zuka. Property owner Ofar Zuka was not in attendance but was represented by
Michelle Zuka.
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In response to questions from Ms. Dougall~Sides, Building Inspector Robert
Scott said he had responded to a May 28, 1 997, complaint regarding a concrete
slab poured without a permit in the side yard of the subject property. At that time,
he saw forms installed in the yard for another concrete slab. Michelle Zuka,
resident, had stated the owner had been out of the country for several years. Mr.
Scott issued a stop work order on May 29, 1997, posted a notice of violation on the
and at City Hall, and sent it certified mail to the property owner.
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When contacted 3 weeks ago, Ms. Zuka said the owner would be out of the
country for at least 6 more months. She said she would get a letter from the owner
allowing her to secure the permit. It was noted any portion of concrete that
impedes on minimum green space requirements will have to be removed. The
property owner could apply for an open space variance.
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Mr. Scott identified City Exhibit 5 as photographs he had taken of the
property on May 5, 1997; and December 7, 1998. The photographs are an
accurate representatio~ of current conditions. He recommended 30 days to comply
or a $ 25 per day fine be imposed.
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Ms. Dougall-Sides submitted City Exhibits 1 -5 and displayed photographs
taken December 7, 1998. As the problem is unrelated to health or safety issues,
Mr. Connolly recommended providing reasonable time for the owner to forward
paperwork from Israel granting the residents permission to obtain the necessary
permit.
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Member Rogero moved that concerning Case 36-98, the Municipal Code
Enforcement Board has heard testimony at its,regular meeting held on December 9,
1 998, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
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FINDINGS OF FACT
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After hearing testimony of Code Inspector Robert Scott and Michele Suka
representing the Respondent, and viewing the evidence, City Exhibits 1-5 (Ex. 1 -
stop work order dated 05/29/97: Ex. 2 - applicable code sections; Ex. 3 - notice of
violation; Ex. 4 - affidavit of violation and request for hearing; and Ex. 5 -
,photographs dated 05/29/97 and 12/07/98), it is evident the property is in violation
of the sections of the Building Code as read into the record.
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CONCLUSIONS OF LAW
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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).
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12/09/98
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ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
Violation within 60 days (February 7, 1 999). 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 February 7, 1999, 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 February 7,
1999.
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 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 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.
G. Case 37-98
Robert M. & W. Rhonda Dobraski
1533 S. Jefferson Avenue
(Buildingl - 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
the property and at City Hall. Property owner Robert M. Dobraski was in
attendance.
In response to questions from Ms. Dougall-Sides, Ms. Chianella reported she
had responded to an April 17, 1998, complaint from a neighbor that a fence on the
subject property was not permitted. Mr. Scott had issued a stop work order for the,
fence based on an anonymous complaint on September 3, 1997. Following another
complaint, staff posted a stop work order on December 16, 1997. Ms. Chianella
posted a 3'd stop work order on April 22, 1998, and took photographs of the rear
property where work had been completed. There are fences at the front and rear of
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the proporty. She said it appears both fences may require variances before a permit
is issued. On April 27, 1998, the property owner submitted an application which
remains pending until a survey is received and possibly necessary variances are
granted.
Upon reinspection on October 13, 1998, the rear fence has been painted
since the stop work order was issued. The property owner noted other
neighborhood properties are not in compliance. Upon checking the neighborhood,
Ms. Chianella said she photographed those properties on November 3, 1998, as City
Exhibit 6. Subject properties in the City were cited. One owner has complied with
code.
Ms. Chianella identified City Exhibit 5 as photographs she had taken of the
fences on April 20, 1998, October 14, 1998, photographs of the posted Affidavit of
Violation & Request for Hearing taken November 25, 1998, and December 9, 1998.
The photographs are an accurate representation of current conditions. In response
to a question, Ms. Dougall-Sides said the permits for both fences are pending. As
the property owner has had ample opportunity to obtain a permit, she recommended
30 days to comply or a $250 per day fine be imposed. Mr. Scott noted the front
yard fence appears to be located in the right-of-way.
Ms. Dougall-Sides submitted City Exhibits 1 -6 and displayed photographs
, taken this morning. ,
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Mr. Dobraski testified the rear fence was present when he bought the
property 3 years ago. He said the fence has been in its location for at least 8 years
and he did not know a permit was necessary for the replacement of several panels.
He said the front 3-foot fence in the front yard is necessary to protect his grandson.
He indicated he has not addressed this issue as his father has been ill for the past
year. In response to a question, Mr. Scott said a fence permit is necessary if more
than 2 panels are replaced. He stated the entire length of fence appears to be new.
Mr. Dobraski said he had pressure cleaned and painted the fence after replacing
dilapidated panels. In response to a question regarding why he continued work on
the fence after the stop, work order was issued, Mr. Dobraski said he had felt a
permit was not necessary for the 3-foot fence. Ms. Chianel1a said he had been
advised of the code.
Mr. Scott cautioned both fences probably require variances which may not
be granted. Mr. Dobraski said staff had told him he needed a variance for the back
, fence.
Member Tieman moved that concerning Case 37-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 9,
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 Dana Chianella and Robert
Dobraski, the Respondent, and viewing the evidence, City Exhibits 1 -6 lEx. 1 - stop
work order: Ex. 2 - notice of violation: Ex. 3 - applicable code sectionsj Ex. 4 -
affidavit of violation and request for hearing; and Ex. 5 and Ex. 6 - photographs
dated 04/20/98, 10/14/98, 11/03/98, 11/16/98 and 12/09/98), it is evident the
property is in violation of the sections of the Building Code as read into the record.
CONCLUSIONS OF LAW
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The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV,
Sec; 47.081 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 60 days IFebruary 7, 1999). 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 February 7, 1999, the
Respondent may be ordered to pay a fine in the amount of one hundred and no/100
dollars ($100.00) per day for each day the violation continues beyond February 7,
1999:
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.
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.
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H.
Case 38-98
James Williams & Sabrina King
1265 Seminole Street
(Building) - Chianella
In her December 9, 199B, memorandum, inspector Dana Chianella withdrew
Case #38-98 as the property is now in compliance.
I. Case 39-98
Metco Development Corp.
Robert J. Metz - Registered Agent
1469 S. Belcher Road
(Building) - Chianella
.In her December 7, 1 998, memorandum, Inspector Dana Chianella withdrew
Case #39-98 as the property is now in compliance.
J. ' Case 40-98
Remprop Inc.
105 N. Mercury Avenue, Bldgs 1-4
(Buildh~g) - Chianella
e
Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
She reported the certified mail receipt had not been returned by the Post Office.
Service was obtained by posting the notice of hearing on the property and at City
Hall. Property representative Richard Metz was in attendance.
In response to questions from Ms. Dougall-Sides, Ms. Chianella said she had
responded to an August 27, 1998, anonymous complaint that the rear patios of the
apartment units were being enclosed. The subject property has 4 buildings with 4
units each. On August 31. 1998, she posted a stop work order and took
photographs of the first and second floor enclosures. At that time, it appeared all
units were occupied.
Ms. Chianella said she reinspected the property today and took additional
photographs. She said on the occasions when she spoke with Mr. Metz via
, telephone, he said the problem would be addressed.
Ms. Chianella identified City Exhibit 5 as photographs she had taken of the
structure on August 31, 1998, and December 9, 1998. The photographs are an
accurate representation of current conditions. As safety issues may be of concern,
. she recommended 30 to 45 days to comply or a $250 per day fine be imposed.
Ms. Dougall..Sides submitted City Exhibits 1 w5 and displayed photographs
taken this morning.
Richard Metz said he is willing to comply with the code and did not know
.0 why it had taken so long to pull the permits. He said he hired a contractor when
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notified he could not do the work himself. He said the buildings need stucco and
painting. He said permits were not pulled for all 4 buildings due to a
.miscommunlcation.
Member Rogero stated Mr. Metz is her nephew and recused herself from the
discussion and vote.
Member Huffman moved that concerning Case 40~98; the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 9,
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 Richard Metz,
respondent; and viewing the evidence, City Exhibits 1-5 (Ex. 1 - stop work order
dated 08/31/98; Ex. 2 - notice of violation; Ex. 3 - applicable code sections; Ex. 4 -
affidavit of violation & request for hearing: and Ex. 5 - photographs dated 08/31/98,
11/25/98 and 12/09/98), 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,
Sees. 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 (January 23, 1999). 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 January 23, 1999, 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
January 23, 1999.
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, Fforida, 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 fin'e
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 fiHng 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 motton was duly seconded. Members
Tieman, Huffman, Allbritton, Cole, Martin, and Chair Kerwin voted "Aye"; Member
Rogero abstained. Motion carried.
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K. Case 41-98
Abdelmaged M. & Gail Ahmed
1505 N. Ft. Harrison Avenue, Units A & B
(Housing) - Hinson
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Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
She reported the certified mail receipt had been returned by the Post Office, signed
by Gail Ahmed, indicating the property owner had received notice of this meeting.
Property owner Abdelmaged M. Ahmed was not in attendance.
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In response to questions from Ms. Dougall-Sides, Inspector Freddie Hinson
said a tenant had complained regarding electrical problems related to the water
heater under the City's housing code. The subject duplex was converted from an
office but staff could find no permit history for the work. The initial inspection in
January 1998, included the interior and exterior. The owner has not permitted
reinspections.
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Mr. Hinson testified on the initial inspection, violations included broken
windows on the structure's north side and major problems inside related to electrical
wiring, missing or inoperable smoke detectors, broken receptacles, pull chains over
the sink, broken plates, circuit interrupters in the bath and wall switch, and a hot
water heater that tripped the circuit breaker. The standard housing law requires hot
water. The owner has stopped working with the City regarding this property which
is located on a City main thoroughfare. Mr. Hinson said no progress is evident. The
property owner also owns the building In the rear of the property which is in poor
condition. Separate case reports were written on each unit and served on the
prope~ty owner.
Mr. Hinson said when contacted, Mr. Ahmed denied receiving the January
notices, which subsequently were hand dellverod to Mrs. Ahmed. Notice of the
July 1998 violation also was returned unclaimed. Again, staff hand delivered the
notices to Mrs. Ahmed on July 2, 1998. Mr. Hinson said in July 1998, he noticed
an unlicensed handyman working. A stop work order subsequently was issued. In
response to a question, he said the windows remain broken and a large gap remains
under the front door.
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FINDINGS OF FACT
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Mr. Hinson identified City Exhibit 4 as photographs he had taken of the
structure on October ,19, 1998. He indicated photographs taken on December 9,
1998, had not been developed. The photographs are an accurate representation of
current conditions. Mr. Hinson recommended 30 days to comply or a $250 per day
fine be imposed. In response to a question, he indicated the tenants were evlctod.
He reviewed other problems with the property including cracked windows, missing
screens, and an uncovered access hole.
Ms. Dougall~Sides submitted City Exhibits 1 -4 and displayed photographs.
In response to a question, Mr. Hinson said staff has had communication with Ms.
, Ahmed but she indicated her husband handles everything related to the property.
Member Cole moved that concerning Case 41-98, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on December 9.
1998, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows:
Q
After hearing testimony of Code Inspector Freddie Hinson, (the Respondent
was not present and had no representation), and viewing the evidence, City Exhibits
1-4 (Ex. 1 - housing inspector's report; Ex. 2 - notice of violation; Ex. 3 - affidavit of
violation & request for hearing; Ex. 4 - photographs taken 10/19/98), 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 Sees. 302.1,
302.9, 303.4, 305.7, 305.12, 305.14 & 305.16 for Unit A, and Secs. 302.4,
302.9, 305.11.2, 305.16, 305.20 & 307.5 for Unit B, 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 30 days (January 8, 1999). 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 January 8, 1999, 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
January 8, 1999.
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If Respondent does not comply within the time specified, a certified copy of
the Or~er 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. '
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Should the violation reoccur, the Board has the authority to impose the fine
, at that time without a subsequent hearing.
l'"
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 flied 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.
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ITEM #2 - Unfinished Business
Case 01-98 - Affidavit of Non~Compliance
(Cont'd from 11/18/98)
Patrick B. Baker
, 01 2 Jones Street
(Housing) - Hinson
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Member Tieman moved to accept the affidavit of non-compliance and issue
the order imposing the fine for Case 01-98. The motion was duly seconded and
carried unanimously.
B. Case 46-94 - Affidavit of Non-Compliance
Dean Roofing & Sheet Metal Inc.
509 N. Greenwood Avenue
(Land Development Code) - Rosa
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Member Huffman moved to accept the affidavit of non-compliance and issue
the order imposing the fine for Case 46-94. The motion was duly seconded and
carried unanimously.
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ITEM #3 -Other Board Action/Discussion
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A. Request Authorizationfor Foreclosure
Case 06-98
Glen R. Johnson, Inc. and Affiliates
Beach Communities II, Inc.
Registered Agent, Glen R. Johnson
, 350 Gulf Boulevard.
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B.
Election of Chair & Vice-Chair for ,1999
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"Member Huffman moved to authorize foreclosure for Case 06-98. The
motion was duly seconded and carried unanimously.
. Member Huffman moved,to reappoint Helen Kerwin as Chair and Lawrence
,Tieman as Vice' Chair. The motion was duly seconded and carried unanimously.
ITEM #4 - Aooroval of the Minutes'
,,' Member Tieman moved to approve the minutes of th'e regular meeting of
November 18~ 1998, as corrected. The motion was duly seconded and carried
, unanimously.,
, ITEM #5 - Adiournment
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, ,The meeting adjourned a 4: 11 p.m. and reconvened in a work session at
4:24 p.m. '
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Chair
, Municipal Code Enforce
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Secretar.
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40- fF'
FORM,88., MEMORANDUM OF VOTING CONFLI,CT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
r..- ~"!JAMF-FlRST HAME-MlDDLE HAM NAME OF BOARD, COUNCIL, COMMISSION, Atn'HORlTY, OR COMM/Tl'EE
, \ C 'L... ' ~ 'D' ; "J1"
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITI'EE ON
WHlCH I SERVE IS A UNlT OF:
,CITY 0 COUNTY 0 OTHER LOCALAOENCY
NAME OF POLJTlCAL SUBDIVISION:
o F..t.ECT1VE
APPOINnVE
WHO MUST FILE FORM 88
This form i8 for use by any person serving at the county, city, or other locollevel of government on an appointed or elected board.
council, commission, authority, or committee. It applies equally to members of advisory nnd non.advisory bodies who are presented
with a voting conflict of interest under Section 112.3143. Florida Statutes.
Your responsibilities under the low when faced wilh voting on n measure in which you hn\'e a connict of intarest wilt vary greatly
depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on
this form before completing the reverso side and filing the fonn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A ponon holding elective at' appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
:";-~)"h inures to Jus or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting
i....." measure which inures to the spec:ial gain or loss of a principal (other than a government agency) by whom he or ~he is retained
(including the parent organization or lIubsidiary of a corporate principal by which he or she is retained); to the special private gain or
loss of a relative; or to the special private goin or loss of a business associate. Commissioners of community redevelopment agencies
under Sec. 163,356 or 163.367, F.S., and officers of independent special tax districts elected on a one.acre, one~vote basis ore not pro-
hibited from voting in that capacity.
For purposes of this law, a "relative- includes only the officers father, mother. son, daughter, husband, wife, brother, sister, falher-
in-law, mother-in-law, son-in-law, and daughter.in-Iaw. A "business flBsocinte- menns any person or entity engaged in or carrying an
a businc6S enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of
the corporation are not listed on any national or regional stock exchange).
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly slating to the assembly the nature of your interest in lhe measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
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APPOINTED OFFICERS:
You must abstain from voting and disclose the conflict in the situations described above nnd in the manner described for elected offi-
cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the
decision, whether orally or in writing Bnd whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
Y"''l'E WILL BE TAKEN: . , ' .
~ou must complete and file this form (before ma.king nny attempt to influence the decision) with the person responsible for
recording the minutes ofth'e meeting, who will incorporate the form in the minutes.
· A copy ofthe fonn must be provided immediately to the other members of the agency.
· The form must be read publicly ot the next meeting after the form is filed. o\le. \'"
ce FORM Be - REV. 1/95
PAGE 1
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IF YOU MAKE NO ATtEMPT TO INFLUENCE THE DECISION EXCEPr BY DISCUSSION AT THE MEETING:
. " . . '. ~
· 'You'must dfl'lCtosa orAlly tho nntu~ Of'your confifct in the measure bero~ participating.
· You mUDt complete the fonn pnd 61e it withi~ 15 days after the vote occurs with the person responsible for recording the ~
minutG. of the meeting, who must incorporate the Conn in tho minutlls. A copy of tho fonn must be providod immediately to the
other members of the agency, and the fonn must be reod pubUcly at the next meeting after the fonn is filed.
I, It ~ %.. Y ~() b ~ i.. {)
DISCLOSURE OF LOCAL OFFICER'S INTEREST
. ,hereby disclose that on ---1) € ('.. Cl
,lL:
(a) A measure came or will como before my agency which (chock one)
, ,
inured to my special private gain or loos;
inured to the special gain 01" lOBS army business Bsoociate,
,X inured to the special gain adoss ormyrel11tive,JZ \ C \ll\~ D (\\ E- i z..
inured to the spllCial goon or 1088 of
whom I am retained; or
inured to the &pecinl goin or loss of
is the parent organizntion or Gubsidinry of a principal which has retained me.
, (b) The meOBure before my ogcncy Bnd the nature of my tonfiicting interest in the mCllSura is as follows:
tby
, which
;
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c...c elL, o'b tbo.. \'~ (,~,
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Date Filed
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Signa\uro I
NOTICE: UNDER PROVISIONS OF FLORIDA ST~TUTES ~112.317t A FAILURE TO MAKE ANY REQUIRED DISCI4. 1
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWINc..~
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000.
CE FORM 5B. REV. "95
PAGE 2
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