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ACTION AGENDA
CITY OF CLEARWATER
. MUNICIPAL CODE ENFORCEMENT BOARD
May 26, 1999 - 3:00 p.m.
PUBLIC HEARINGS
,A~ Case 12-99
Kristen & Ryan Netschi
3201 Masters Drive
(LDC) - Doherty
A, Withdrawn.
. B. Case 13-99
Calvin M. Doyle
1268 Engman Street
(Buildingl - Wright
B. Comply within 60 days (7/25/99) or $250/day.
C. Case 14-99
Beach Communities 11, Inc.,
Glen R. Johnson, Registered Agent
1350 Gulf Blvd.
(Public Nuisance Appeal) - King
C. Denied appeal. Ordered to comply
immediately or City may remedy at owner's
expense.
2. UNFINISHED BUSINESS
A. Case 25-98' - Affidavit of Compliance
Thomas L. George, Jr.
417 N. Washington Avenue
(Building) - Scott
A. Accepted.
B. Case 08-99 - Affidavit of Compliance B. Withdrawn.
Michael & Patricia Vlamakis
2010 Drew Street
(LDC) - DeBord
C. Case 06-99 - Affidavit of Non-Compliance C. Accepted; issued order imposing fine.
Clearwater Prop Group c/o Kmart 3476
2130 Gulf to Bay Blvd.
(LDC) - Kurleman
OTHER BOARD ACTION/DISCUSSION - None.
APPROVAL OF MINUTES -3/24/99 - Approved as submitted.
ApJOURNMENT - 4:35 p.m.
5/26/99
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
May 26, 1999
Present:
Helen Kerwin
Frank Huffman
David Allbritton
Sheila Cole
Joyce Martin
Chair
Member
Member {arrived 3: 14 p~m.l
Member
Member
Also Present:'
Leslie Dougall-Sides
Mark Connolly
Mary K. "Sue" Diana
Brenda Moses
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
Absent:
Lawrence Tieman
Mary Rogero
Vice-Chair
Member
1. PUBLIC HEARINGS
A. Case 12-99
Kristen & Ryan Netschi
3201 Masters Drive
(LOCI :... Doherty
In a memo dated May 26, 1999, Inspector Geri Doherty withdrew Case 12-99
as the property is now in compliance. '
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B. Case 13-99
Calvin M. Doyle
1 268 Engman Street
(Building) - Wright
Board Secretary Diana read the affidavit of violation and request for hearing. She
reported the return receipt for the notice of hearing sent by certified mail was received.
The date of official notice of violation was January 26, 1998.
In response to questions from Assistant City Attorney Leslie Dougall-Sides,
Inspector Bill Wright said a building inspector driving in the area noticed the dilapidated
, condition of the property. The initial inspection on January 26, 1998, showed the
structure's tin roof missing segments. The structure is deteriorating and an unsafe notice
'was mailed to Calvin M. Doyle. Property ownership was verified through the property
appraiser's office.
On February' 9, 1998, the property was reinspected; no improvements had been
made. On February 1 a, 1998, a letter was mailed to Mr. Doyle. On February 23, 1998,
another inspection was made and no repairs had been made. In March 1 998, a
reinspectlon revealed a good portion of the roof had been replaced without permits or
inspections. A stop work order was issued at that time. Inspector Wright said he had
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received a letter in March 1 998 from a licensed contractor indicating he was being retained
to perform work at the property, however, no permits were pulled. On March 19, 1999,
Carl Doyle, Calvin Doyle's son, met with Mr. Wright regarding the property, As of May 25,
1999, no permits have been issued.
Ms. Dougall~Sides introduced City Exhibits 1-9 which included photographs of
the property taken January 22, 1998, May 21, 1999, and May 25, 1999. '
Carl Doyle stated his father has Alzheimer's disea3e and his mother is elderly
and unable to care for the property. He noted he and his wife are licensed residential
contractors and he is in the process of activating his commercial license. He believed the
patch work he did on the roof did not require a permit. He requested four months to
transfer title to the property to himself and to obtain permits.
In response to questions, he stated he initially was unaware of the situation. He
stated the debris surrounding the property has been removed. A neighboring church and
other neighbors use a dedicated road between this property as a storage and recycling
area. He stated after the ownership of the property is transferred, he intends to renovate .
or rebuild the building. The building is not being used. . It was remarked that Mr. Doyle, as a
licensed contractor, should have known to pull permits. Mr. Carl Doyle submitted
Defendant's Exhibit 1, photographs of renovations made.
In response to questions, Inspector Wright stated the structure is unsafe. There
are new apartments being constructed in the area and concern was expressed regarding
the loose tin sections on the roof especially with the hurricane season near. Inspector
Wright found 30 days to be sufficient time to pull permits and contract a licensed
contractor to begin necessary repairs. Discussion ensued regarding Mr. ,Doyle's request for
an additional four months to comply. It was noted he has already had 17 months to bring
the property into compliance. It was hoped and requested that Mr. Doyle expedite the
process since the structure is unsafe.
Member Huffman moved that concerning Case 13-99, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on May 26, 1999, 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 William Wright and Carl Doyle,
Respondent, and viewing the evidence, City Exhibits 1-8 (Ex. 1 - Notice of Unsafe Building
dated 1/26/99; Ex. 2 - cited code sections; Ex. 3 - notice of violation and order to stop
work dated 6/5198; Ex. 4 - property ownership verification; Ex. 5 - notice of violation
dated 7/15/98; Ex. 6 - notice of hearing dated 5/6199; Ex. 7 - composite photos dated
,1122/98, 5121199, and 5/25/99; and Ex. 8- case chronology) and Defendant's Exhibit 1 (Ex.
1 - photos of renovations made to building), it is evident the property is in violation of the
sections of the Building Code as read into the record. '
mcb0599
05/26/99
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CONCLUSIONS OF LAW
The Respondent bV' reason of the foregoing is in violation of Sections 47.081.47.083,
47.111 and 47.161 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 (July 25, 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 July 25, 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 July 25, 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 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.
C. Case 14-99
Beach Communities II, Inc.
Glenn R. Johnson, Registered Agent
1350 Gulf Blvd.
(Public Nuisance Appeal) - King
Ms. Dougall-Sides stated at 1 :20 p.m. today the alleged violator's attorney
requested a continuance. This case is an appeal of a public nuisance violation. Previously,
in separate hearings, the board found a violation existed on this property and imposed a
fine of $1 50/day and authorized foreclosure. Also, the City Commission declared the
subject site a public nuisance under the previous land development code and authorized the
City Attorney's office to pursue an injunctive relief in Circuit Court.
Discussion ensued regarding the requested continuance. Ms. Dougall-Sides
requested due to previous actions, the property being in noncompliance for such a long
period of time and the last minute request for a continuance by Mr. Johnson's attorney, the
mcb0599
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board hear the case today and deny the request for appeal. She noted the new
development code expands the definition of "nulsance" and provides a more expeditious
way to proceed. Ms. Dougall-Sides requested, if the board denies the appeal, to direct the
city to enter onto the property and abate the nuisance and charge the associated costs to
the owner. If unpaid, these costs could become a lien on the property.
"
Ms. Dougall-Sides introduced Clty's Exhibit #1, history of the property.
Inspector Bob Scott reviewed the history of this property. He said a permit was
issued to Beach Communities, II Properties on January 29, 1997 for a construction trailer.
The trailer was requested to build a sales office for conducting business. The permit
expired on July 29, 1997. The contractor requested an extension, which was granted until
November 1, 1 997. No building permits for a sales office were issued. On January 2,
1998, a notice of violation was issued.
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The Municipal Code Enforcement Board heard the case and the board found that a
violation existed and issued an order for compliance. On November 19, 1998, the City
Commission declared the property a public nuisance. At that time, a request was made to
turn off the power and water to the trailers. The request was approved. The applicant
currently has a generator for electricity and a holding tank. The applicant is running a
business on the site in an area designated residential. No current permits exist for a sales
office for conducting business.
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Glenn R. Johnson, owner of the property, said he did not wish to go forward with
the case without his counsel. He indicated his attorney had an emergency hearing. He felt
he is not prepared or qualified to defend himself. He said there are Inconsistencies with the
City's presentation.
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Development Services Director Jeff Kronschnabl said this is a health and safety
issue. City staff has met with threats of violence, profanity, and litigation while attempting
to contact the applicant or his associates. Mr. Johnson indicated it was the other way
around. Mr. Kronschnabl stated numerous residents in the area have contacted his office
to request denial of the appeal.
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Nicholas Fritch, a local resident adjacent to the property on the north, stated the
nuisance has existed since January 1997. He felt the violation has gone on too long. He
said the applicant is operating a commercial business in a residential area and the local
telephone directory lists the subject property as the business' address. He urged the board
to stand behind the Commission's decision that the property is a public nuisance. He also
urged the board to increase the fine due to the applicant's flagrant ignoring of the law.
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Dick Reuben, a local resident characterized the property as a "pig pen" and urged
the board to deny the appeal. The Sand Key Association made telephone calls and sent
letters to Mr. Johnson to invite him to discuss this problem, to no avail. The City has given
him many extensions to build luxury condominiums at the property. He has made no effort
to clean up the site. He urged the board to deny the appeal.
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05/26/99
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,-"", In response to questions, Inspector Janice King stated photographs were taken of
,.' the property yesterday and it is still in noncompliance. The property is not fen'ced, but rolls
of fencing lay on the property.
In response to a question, Lt. Kronschnabl said staff has received numerous
complaints. Most of the complaints have been received form neighboring residents and
condominium owners. Staff is concerned for the public health, safety, and welfare of the
community at large. A fine continues to accrue and the applicant has made no good faith
effort to correct the situation. He found it impossible to fairly, consistently, and impartially
regulate codes within the City when this violation has been ongoing for 2 % years.
Ms. Dougall-Sides said no current permits or site plans exist for this site, The City
revoked a previously approved variance due to conditions for approval not being met within
the applicable time. The applicant went before the Development Code Adjustment Board
. for a new variance and was denied. That matter is currently on appeal. There are no
current development approvals of any type for this site. She urged the board to declare the
'site a nuisance and authorize abatement.
Ms. Dougall~Sides introduced City's Exhibit #2, photographs of the property.
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Member Cole moved that concerning Case /I 14-99, the Munidpal Code
Enforcement Board has heard testimony at its regular meeting held on May 26, .1999, 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 Inspectors Robert Scott and Janice King, Director
of Development Services Jeff Kronschnabl and Respondent Glen Johnson, and viewing the
evidence, City Exhibits 1-2 (Ex. 1 - packet of materials regarding previous actions and Ex.
2 - composite photographs of current conditions on site), the Respondent's appeal to a
Nuisance Notice of Violation has been denied. It is further evident there exists a public
nuisance at the above address pursuant to See 3~1503.A and B, as further defined in Sec.
a:'102 of the City Code.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sec. 3-1503.A and B, as
further defined in Sec. B-1 02 of the Code of the City of Clearwater, Florida, in that the
Respondent has failed to remedy the cited violation(s).
ORDER
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It is the Order of the Board that the City Manager be directed to authorize entry
upon the property and take such action as is necessary to abate the nuisance at the land
owner's expense without any further notice to the Respondent.
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A certified copy of an Order of the Board imposing costs of abatement plus
administrative costs may be recorded in the public records of Pinellas County, and
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thereafter such Order shall constitute a lien against the land on 'which the violation exists
and upon any other real or personal property owned by the violator until paid. The motion
,was duly seconded and carried unanimously.
2. UNFINISHED BUSINESS
A. Case 25-98 - Affidavit of Compliance
Thomas L. George, Jr.
417 N. Washington Avenue
(Building) - Scott
Member Huffman moved to accept the Affidavit of Compliance for Case #25-98.
The motion was duly seconded and carried unanimously.
,
B. . Case 08-99 - Affidavit of Compliance
Michael & Patricia Vlamakis
2010 Drew Street
(LOC) - DeBord
Staff withdrew the Affidavit of Compliance for, Case #08-98 because the
property is no longer in compliance.
C. Case 06-99 - Affidavit of Non-Compliance
Clearwater Prop Group c/o Kmart 3476
2130 Gulf to Bay Blvd.
(LDC) - Kurleman
Member Cole moved to accept the Affidavit of Non-Compliance and issue the
order imposing the fine for Case #06-99. The motion was duly seconded and carried
unanimously.
3. OTHER BOARD ACTION/DISCUSSION - None.
4. APPROVAL OF MINUTES - March 24, 1999
Member Huffman moved to approve the minutes of March 24, 1999, as submitted'
in written summation to each board member. The motion was duly seconded and carried
unanimously.
5. ADJOURNMENT
The meeting adjourned at 4:35 p.m.
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Chair
ATTEST:
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