09/22/1999 (2)
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,".)~1u'nicipal C,ode Enforcement Board'
Minutes
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PUBLIC HEARINGS
ACTION AGENDA:
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
September 22, 1999 - 3:00 p.m.
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A. ,Case 24-99
Bellevlew Biltmore Resort Ltd
1590 Gulf Blvd. (Cabana Club Restaurant)
, ,,(building) - Wright '
ACTION: 'Continued to 10/27/99
B. Case '26-99
Marden S.' Gordon
1631 Sand Key Estates Ct.
I ' (building) - Wright
ACTION:, Comply within 20 days (10/12(99) or $100/day.
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C. Case 26-99
Markos & Sevasti Lagos
1331 Cleveland Street '
(landscape) - Kurleman
ACTION: Continued to 10/27/99
':"ChCTION:
D. Case 27-99
Mary Jackson
1333 Mary L Rd
(outdoor storage) - Rosa
Continued to 10/27/99 '
2. UNFINISHED BUSINESS - None.
3. OTHER BOARD ACTIONIDISCUSSION - None.
4. APPROVAL OF MINUTES - 8/25/99 - Approved as corrected.
5. ADJOURNMENT - 3:35 p.m.
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9/22/99
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
September 22, 1999
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, Present:
Helen Kerwin
Lawrence Tieman
Frank Huffman
Mary Rogero
Sheila Cole
Joyce Martin
Chair
Vice-Chair
Board Member
Board Member
Board Member
Board Member
Absent:
David Allbritton
Board Member
Also Present: Leslie Dougall-Sides
Mark Connolly
Mary K. IiSue" Diana
Brenda Moses
City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
The Chair called the meeting to order at 3:02 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 (3D} days of the execution of the order. Florida
Statutes 286.0105 requires any 'party appealing a decision of this Board to have a
record of the proceedings.
1. PUBLIC HEARINGS
A. Case 24-99
Belleview Biltmore Resort Ltd.
1590 Gulf Blvd. (Cabana Club Restaurant)
(Building) - Wright
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Inspector William Wright said the applicant has requested a 30-day
continuance.
Member Tieman moved to continue Case 24-99 to the October 22, 1999,
meeting. The motion was duly seconded and carried unanimously.
, B. Case 25-99
Marden S. Gordon
1631 Sand Key Estates Ct.
(Building) - Wright
Board Secretary Diana read the affidavit of violation and request for hearing.
, She reported service was o~talned by posting the notice of hearing on the property.
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Assistant City Attorney Leslia Dougall-Sides said the subject property was
previously brought before the Board as Case 18-99 on July 28t 1999. Howevert it
was questioned whether the appropriate code sections were cited. Case 1 8-99 was
withdrawn to be recited and has been brought forward as Case 25-99. Ms. Dougall-
Sides requested the Board accept the exhibits submitted and the testimony given at
the Boardts meeting on July 28, 1999.
In response to questions froln Ms. Dougall-Sides, Inspector William Wright said
the notice of unsafe structure mailed on May 7, 1999 was returned unclaimed. The
property was recited under the section of the building code that outlines the criteria
for determining whether a structure is unsafe. He posted the notice of unsafe
building on the property and at City Hall on July 29, 1999 and the notice of hearing
for. today's meeting on September 8, 1999. Mr. Wright said he received a call from
the owner indicating the building had been secured. Upon reinspection today, Mr.
Wright indicated the property remains in violation with respect to the rear patio and
the opening under the building.
Ms. Dougall-Sides submitted City Exhibits 1 - 10.
Marden S. Gordon, owner, said he has secured the building and is agreeable to
constructing all necessary stair rails. He said he had been out of town most of the
year and was unaware of the violations until recently. He agreed to comply with code
within 30 days. In response to a question, Mr. Gordon said he did not construct rails
to the rear patio because he felt the building would be more secure without them. He
thought he had the building sold this summer to a builder who was to finish the
building. He submitted photographs of the building (Defendant's Exhibit 1). He said
the entire exterior is finished except for landscaping.
Two area homeowners said the problems with the building have been ongoing
for over a year. Mr. Gordon's bUilding permit expired in 1996. The dwelling has '
been in its present state for over 3 years. They thanked the board for their efforts to
address these problems. They disagreed with Mr. Gordon's statement that the
building is completely finished. A petition containing 33 names requesting completion
of the dwelling was submitted.
In response to questions, Inspector Wright said the owner has no active
building permit. A permit is not required for the patio rails; however, is required for
inspection of the wind load after work is completed. It was noted only the unsafe
conditions not completion of the building were before the board today.
Member Huftman moved that concerning Case 25-99, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on September 22,
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
After hearing testimony of Code Inspector William Wright and Respondent,
Marden S. Gordan, and viewing the evidence, City Exhibits 1-10 (Ex. 1 - notice of
unsafe building ,dated 6/7/99; Ex. 2 - affidavit of posting dated 7/29/99; Ex. 3 -
notice of violatton dated 8/6/99; Ex. 4 - affidavit of posting dated 8/5/99; Ex. 5 -
cited code sections; Ex. 6 - property owner verification; Ex. 7 - affidavit of violation
& request for hearing dated 8/19/99; Ex. 8 - notice of hearing dated 9/2199; Ex. 9 -
affidavit of service dated 9/8/99; and Ex. 10 - composite photographs of conditions
dated 7/29/99) and Defendant's Exhibit 1 rEx. 1 ~ photos of rear of structure), it is
evident the property is in violation of the sections of the Standard Building Code as
read into the record.
CONCLUSIONS OF LAW
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The Respondent by reason ofthe foregoing is in violation of Ch. 47, Art. VII, Sec.
47.161 and Ch. 1. Sec. 103.5 of the Standard Building 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 'js the Order of the Board that the Respondent is to correct the aforesaid
violation within 20 days (October 12, 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 October 12, 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 October 12, 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.
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A question was raised if the violations reoccur, can a fine automatically be
imposed. Board Attorney Mark Connolly said offenders could be fined up to $500
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for a repeat violation. A repeat violation can be brought forward and a fine imposed
for each day of the repeat violation even if remedied before the hearing date. '
B. Case 26-99
Markos & Sevasti Lagos
1331 Cleveland Street
'(Landscape) - Kurleman
Ms. Diana said the owners are attempting to comply with code, and have
requested a cC?ntinuance.
Member Tieman moved to accept the request to continue for Case 26-99 to
October 27, 1999. The motion was duly seconded and carried unanimously.
, C. Case 27~99
Mary Jackson
1332 Mary L Rd
(Outdoor storage) ~ Rosa
Ms. Dougall-Sides said a foreclosure action has been filed. Inspector Rosa
said staff was contacted by the mortgage holder this morning that a foreclosure
hearing is scheduled for October 10, 1999. Staff requested a continuance of Case
27-99.
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Member Huffman moved to continue Case 27-99 to the October 27, 1999,
meeting. The motion was dulV seconded and carried unanimously.
2: UNFINISHED BUSINESS - None.
3. OTHER BOARD ACTION/DISCUSSION - None.
4. APPROVAL OF MINUTES - August 25, 1999
Member Tieman moved to approve the minutes as corrected. The motion was
duly seconded and carried unanimously.
5. ADJOURNMENT
The meeting adjourned at 3:40 p.m.
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Chai~Ode -Enforcement Boerd
Attest:
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