07/28/1999 (2)
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;,~;: $" PUBLIC ~~ARINGS
'A. Case 15-99
(Cont. from 6/23/99)
Tropicana Palms,' Ltd (Builders Square)
2495 Gulf to Bay Blvd.
(Landscape) - Kurleman
WITHDRAWN
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
July 28, 1999 -'3:00 p.m. '
'B. Case 17-99
,Equator,' Inc.
2516 Gulf to Bay Blvd.
(Building) - Wright
ACTION:, Comply on health & safety issues within 2 weeks (8;11/99); re'mainlngvioliltlons within 60 days
(9/26/99) or $250/day.
'C. Case 18-99
Marden S. Gordon
1 631 'Sand Key Estates Ct.
(Building) - Wright
ACTION: Withdrawn.
~_"z. UNFINISHED BUSINESS - None.
3. . OTHER BOARD ACTION/DISCUSSION
A. < Request for Reconsideration of Board's Order dated 6/23/99
Case 16-99
Equator, Inc.
2516 Gulf to Bay Blvd.
(Landscape) - Kurleman
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ACTION: Denied request to reconsider.
4. APPROVAL OF MINUTES - 6/23/99 - Approved as submitted..
5. ADJOURNMENT - 4:29 p.m.
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7/28/99
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
July 28, 1999
Present:
Helen Kerwin
Frank Huffman
David Allbritton
Mary Rogero
Joyce Martin
Sheila Cole
Chair
Member
Member
Member
Member
Member
"
Absent:
Lawrence Tieman
Vice-Chair
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
, I
The Chair called the meeting to order at 3:04 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 Statutes 286.0105 requires any party appealing a decision of this
I Board to have a record of the proceedings.
1. PUBLIC HEARINGS
A. Case 15-99
Tropicana Palms, Ltd. (Builders Square)
2495 Gulf to Bay Blvd.
(Landscape) - Kurleman
" In a memo dated July 28, 1999, Inspector Scott Kurleman withdrew Case
15-99 due to the company's commencement of bankruptcy proceedings.
'B. Case 17-99
Equ'ator, Inc.
, 2516 Gulf to Bay Blvd.
(Building - Wright)
Board Secretary Diana read the affidavit of violation and request for hearing.
The return receipt for the notice of hearing sent by certified mail was received. The
date of official notice of violation was February 18, 1999. '
Mcb0799,
07/28/99
~
, In response to questions from Assistant City Attorney Leslie Dougall-Sides,
, Inspector Bill Wright said the property is covered with trash and debris. Violations
include cracked and falling stucco, a deteriorated roof, open exterior electrical
boxes, and glass broken out from doors. He said a storm or strong wind could
remove the roofing system entirely. He also stated braces were apparently placed
on some of the doors to prevent entry into the building when the homeless used the
site. No work has been done since last January. The owner has indicated the
property is being sold, but the property continues to deteriorate and no evidence of
sale has been provided.
Dan O'Brien, Regional Manager for Wilder Corporation, said the property has
been sold. The new owner is expecting site plan approval within two weeks. He
said the building will be leveled. He did not feel the cracked stucco created a
hazard.
In response toa question, Mr. O'Brien said the electricity has been cut off to
the lights but remains on for the alarm and fire systems. He said the telephone is
operable. He said he is not personally handling the closing which is contingent
upon site plan approval. The property is currently vacant. Ms. Dougall-Sides said
no formal site plan approval or application has been filed with the City. Mr. O'Brien
said the sale requires DEP approval because of a City well on the property.
'0
Discussion ensued regarding the notice of hearing being sent to Equator, Inc.
It was questioned jf Mr. O'Brien, as a representative of Wilder Corporation, has the
authority to speak on behalf of Equator, Inc: Mr. O'Brien noted Wilder Corporation
is affiliated with Equator, Inc. Service was obtained on the notice of hearino sent
to Equator, Inc.
In response to a question, Mr. O'Brien said he did not bring evidence of the
purchase contract or anticipated closing date. Concern was expressed the building
in its current condition constitutes a health and safety hazard. In response to a
question, Ms. Dougall-Sides said the Building Official determines if a building should
be razed. It was noted the property has been cited as an unsafe structure and is
located on Gulf-to-Bay Boulevard, one of the major corridors to the City. In,
response to a question, Inspector Wright said, at a minimum, the roof must be
secured and the building secured from all trespassers.
Member Cole moved that concerning Case 17-99, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on July 28,
1999, and based on the evidence, it is evident the property is in violation of the
code sections read into the record. Equator, Inc. is ordered to correct the health and
safety violations on the property within 2 weeks or the City may take such action
as is necessary to correct those violations at the owner's expense and that the
remaining violations be corrected within 30 days, or a fine of $250/day be imposed.
The motion was duly seconded.
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Mcb0799
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07/28/99
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Discussion ensued regarding whether or not the City would perform the
necessary repairs and bill the owner for the costs. ' Inspector Wright said the City
prefers theownor make all repairs or demolish the bullding.
Member Cole rescinded her motion. The seconder concurred.
Member Allbritton moved that concerning Case 17-99, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on July 28,
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 Dan O'Brien,
Wilder Corporation, and viewing the evidence, City Exhibits 1-7 (Ex. 1 - notice of
exterior building inspection dated 2/3/99; Ex. 2 - notice of violation; Ex. 3 -
verification of ownership; Ex. 4 - code sections cited; Ex. 5 - affidavit of violation &
request for hearing; Ex. 6 - notice of hearing dated 7/7/99; Ex. 7 - composite
photographs of conditions of property dated 1/28/99 and 7/26/99), 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. 7, Art. III,
.) Section 47.051 (1)(e) 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 health and
safety violations (deteriorated roof, open exterior electrical outlets and securing the
compound) within 2 weeks (August 11, 1 999) and the remaining cited violations
within 60 days (September 26, 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 health and safety violations are found, in subsequent
proceedings by this Board, not to have been corrected on or before August 11 ,
1999 and the remaining cited violations on or before September 26, 1 999, the
Respondent may be ordered to pay a fine in the amount of two hundred fifty and
no/1oe) dollars ($250.00) per day for each day the violation continues beyond their
respective compliance dates.
..- ..,)
V
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.
mcb0799
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07/28/99
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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 18.99
Marden S. Gordon
1631 Sand Key Estates Ct.
(Building) - Wright
Ms. Diana read the affidavit of violation and request for hearing. No one
was present to represent the applicant.
In response to questions from Ms. Dougall-Sides, Inspector Wright said the
original anonymous complaint was received on February 3, 1999 and an inspection
,--.. was done. On May 5, 1999, the building was declared unsafe. The building is on a
~,,,) waterfront lot. Construction was never completed. A permit was issued when
construction originally started, but has since expired. Inspector Wright said
violations include an interior balcony with no ralls, missing rails on an exterior
landing, unlocked doors, overgrown sidewalk landscaping, leaking windows, leaks
under doors, electrical wires exposed, and a rodent problem. The Sand Key
Homeowner's Association has requested the City take action because the owner
has indicated he has no intention to complete the building.
A representative from the Sand Key Homeowner's Association said since the
owner has no certificate of occupancy the association cannot enforce association
rules. He said there are rats and other animals on the property. He stated the
owner ignores all requests from neighbors to finish construction of the building.
The property adjacent to this property suffers greatly because of its unfinished,
unsafe, and unsightly condition.
In response to a question, Inspector Wright indicated the City could not do
any enforcement while the development was under construction. Ms. Diana said
service was obtained by posting the property 10 days prior to today's hearing.
'v
Inspector Wright said although there is no City ordinance that can force a
person to finish construction of a building, this property constitutes a safety
violation of the housing code. It could become a nuisance and be considered an
abandoned building. Ms. Dougall-Sides said there is a provision in the inspection
section of the building code requiring inspections be done in a timely manner.
Mcb0799
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07/28/99
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Inspector ,Wright said inspections were done on the work performed, but the permit
has ~xplred. '
The Board Attorney questioned whether the appropriate sections of the code
regarding these violations were cited in this case. Discussion ensued in regard to
citing the property under unsafe structures and/or property maintenance standards.
Ms. Dougall-Si,des withdraw the case. The property will be recited under the proper
code sections.
2. UNFINISHED BUSINESS
Discussion ensued regarding the progress Kmart on Gutf-to-Bay Boulevard
has made regarding their landscaping violations. It was remarked the project is
progressing slowly. It was noted the project is scheduled to be completed by mid
August.
3. OTHER BOARD ACTION/DISCUSSION
,I
A. Request for Reconsideration of Board's Order dated 6/23/99
Case 16-99
Equator, Inc.
2516 Gulf to Bay Blvd.
(Landscape) - Kurleman
:~
Member Huffman moved to deny the request to reconsider Case 16-99.
The motion was duly seconded and carried unanimously.
4. APPROV At OF MINUTES - 6/23/99
Member Huffman moved to approve the minutes of June 23, 1999, as
submitted in written summation to each board member. The motion was duly
seconded and carried unanimouslv.
5. ADJOURNMENT
The meeting adjourned at 4:29 p.m.
/~~~
Chair
ATTEST:
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07128/99