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12/08/1999 (2) \:.' IJ ; '1" , " .':'. ,: . " ':: . I, /, , \ " Iii..:.: : . ;rr;~j""",J' "" ".,./ ............. ..,.. ...' ~ + I.:'~' ~ . .."." J', "., .. ~. .~ ,'u " e 'I .' ~,. .f'. ~ ~.> ;. " , ", ,~. I' >, > .\ .' , " ';,. .J,'c f:/ , d , . .~. ~ ~ , " MCEB ~!?j:.' '.' . ~ .\"': :' ~T:l c..... ,. I" c . ~~.: , c (.::. ~ .'! j . ' .. ~ " , .~::: :1" ' ~:'\:<:. ;J 'c >1 . ., " .,.. ~ .c " \, > ,Municipal Code ED.forc~ment Board, . . 1 '.' . ' Minutes ., . '.I " ';, .: . i '.,1. l" ::j" , r' , , ,. .f" Dat,e:Dec..e..ber <iJ {QQ'1 ,> ' "'i j.,. ;1. '1 \ 1 ,I ." =,. , I :<. ,>, , >. '. cL. . , , " L, 1 .' ", t ' I / / c2<j , 1"'1 ' ',' il" , ; I .: ' """1. ' PUBLIC HEARINGS ACTION AGENDA CITY OF CLEARWATER MUNICIPAL CODE ENFORCEMENT BOARD December 8, 1999 - 3:00 p.m. ., 1-: '~ > , '. " ,'" . '!. ',. , ~.' . ,,~. .....,c .,. . ~ . '. ' t'. I.:, .:" . \. ( ./ ," " . , " , A. Case 29w99 (Cant. from 10/27/99) Vincent & Mary S. Centore '. 3216 Pine Haven Drive .,' ,(Development Code) - Phillips ACTION: Comply within 14 days (12/22/99) or $5G/day. B. Case 30w99 (Cant. from 10/27/99) Arian Tenney 1320 Terrace Road .. (Development Code) - Rosa " ACTION: Comply within 14 days (12/22/99) or $1 aD/day. c. Case 31.99 Jolin C. Olson 1216 N. Ft. Harrison Avenue (Development Code) - King . " ACTION: Comply within 10 days (12/18/99) or fine may be imposed. D. Case 32-99 Emro Marketing Company (Speedway SuperAmerica) "CJ' 3130 Gulf to Bay Blvd. (Occupational License) - Chianella ,l ACTION: Withdrawn; complied prior. E. Case 33-99 Melvin Spinoza 1632 Drew Street (Building Code) - Chianella ACTION: Comply within 30 days (1/7/00) or $150/day. " F. Case 34-99 Naci & Semra Hocalar 14 S. Comet Avenue' (Building Code) - Chianella ACTION: Withdrawn; complied prior. , G. Case 35-99 Coquina Apartments, Inc. 692 Bay Esplanade Avenue (Building Code) - Chianella ACTION: Withdrawn; complied prior. o . 'J" .1218/99 , 1 B. Case 37~98 - Affidavit of Compliance Robert M. & W. Rhonda Dobraski 1533 S. Jefferson Avenue (building - Chianella . ACTION: Accepted. , ,,0 C. Case 13-99 - Affidavit of Compli,ance 'Calvin M. Doyle 1 268 Engman Street (building) - Wright ACTION: Accepted. " ; , f\(:>,:.,~;;::: ',<, · :,:::.:~':: "\j', ~': ,,<<:' ".' ." c., .' ;\. '''.'j i~':", . ,,~ 'q~"ACTION: H. Case 36~99 Rodney A. & Amy Surratt 2031 ,Charter Oaks Drive (Building Code) - Chianella , Comply within 90 days (3/7/00) or $1 DO/day. ! .~ ". '. . . .., FC. I. Case 37-99 Michael Vlamakls and Patricia Vlamakis Skycrest Auto, Sales 201 0 Drew Street (Repeat Violation) ~ Hall ACTION: Comply by 12/10/99 or $500/day for each day. 'i " \>. ," 2. UNFINISHED BUSINESS . ACTION: A. Case 26~98 - Affidavit of Compliance Bill V. & Sophia Stathopoulos 1975 Drew Street (building) - Scott Accepted. " .. ..... ' ,. <~.I . .'<. 'j . , D. Case 16-99 - Affidavit of Compliance Equator, Inc. 2516 Gulf to Bay Blvd. (landscape) - Kurleman ACTION: Accepted. E. Case 17-99 - Affidavit of Compliance Equator, Inc. '2516 Gulf to Bay Blvd. ' (building) - Wright ACTION: Accepted. ACTION: o , F. Case 06~99 - Affidavit of Compliance , Clearwater Prop Group c/o Kmart .2130 Gulf to Bay Blvd. ' (landscape) - Kurleman . Accepted. 1218/99 2, B. Addross Board ra Reduction of Fine Case 95-92 & 18-92 Thomas & Elizabeth Floyd 605 Hart Street (building) - Wright ACTION: Reduced to $ 2,000 payable within 30 days (1/7/00). 'c' p 3. OTHER BOARD ACTION/DISCUSSION A. Address Board ra Reduction of Fine Cases 16-99 & 17-99 t"') Equator, Inc./Froggy's .',' 2516 Gulf to Bay Blvd. (landscape & building) Kurleman & Wright ACTION: Reduced to $15,000 conditIoned on appeal being dismissed with predjudice within 30 days (1/7/00). 4. NUISANCE ABA YEMENT LIEN FILINGS - Approved Filings. NAME ADDRESS/LEGAL AMOUNT CASE NO Beach Communittes II, Ine 1350 Gulf Blvd 1,356.45 COD1999-01018 Glen R. .,..ohoson, RA Sec 19-29~ 15, M&B 14/08 Robert Avon 2790 Heatherwood Court 320.00 COD1999-03425 Cypress Bend of Countryside Unit 1, Lot 34 Dorothy Thompson 602 Alden Avenue 320.00 COD1999-02955 (,.w~~ Cleo Trammel Bidwell's Oakwood Addition, Lot 56 !,{-"'ltJ) Larry Bunting a04 Pennsylvania Avenue 320.00 COD1999-03934 Pineerest. Blk 5, Lots 3-4 Mark J. 'Rossi 708 Madera Avenue 320.00 COD1999-03923 Del Oro Gardens, Lot 25 Bernard A. Hawk 700 South Highland Avenue 320.00 COD1999-03439 Anna M. Hawk Breeze H[II, Blk D, Lot 1 Steven Schwartz a04 North Myrtle Avenue 320.00 COD1999-03933 Ira E. Nicholson's, Blk 1, Lot 10 Gwendolyn Taplin 703 Nicholson Street 320.00 COD1999-03929 lr<j. E. Nicholson's, 8lk 1, Lot 13 Gulfstream Contractors Ine 917 Seminole Street 320.00 COD1999-0392a Pineerest, Blk a, W50' of E97' Lot 1 Susie Ellis 1015 LaSalle Street 320.00 COD1999-02951 BessIe Edwards Greenwood Manor, Lot 7 WSF Trust 8/6/90 1106 LaSalle Street' 320.00 COD1999-03413 Greenwood Park #2, Blk E, Lot 36 .... ,~~.. Edwin F. Rodriguez 1365 Friend Avenue 320.00 COD1999.03382 U Cleveland Grove, Blk 7, Lots 33-34 12/8/99 3 ." ~ !:. . NUISANCE ABATEMENT LIEN FILINGS (CONT) j' NAME ADDRESS/LEGAL AMOUNT CASE NO ~ Church of God at Clearwater 900 Palmetto Street 320.00 COD1999-03781 " Jurgen's Addition, Blk F, Lots 4-5 Hoko S. Russell 916 Plaza Street 320.00 COD1999-03132 Plaza Park, Blk G, Lot 9 James Brooks Jr 1404 Taft Street 320.00 COD1999-03250 'Cleo Sommons Un coin Place, Blk 2, Lot 6 Cedar J. Albert 604 North Garden Avenue 489.00 COD 1999-02973 Bidwell's Oakwood Addition, Lot 28 Jo~eph P. Sershon 1208 Jadewood Avenue 320.00 COD1999-04343 Donna J. ,Nathan-Sershon Woodvalley Unit 4, Blk 14, Lot 27 AmSouth Bank 1010 North Garden Avenue 572.18 COD1999-02533 (, J.J. Eldridge, Blk C, Lot 27 AmSouth Bank 1008 North Garden Avenue 572.18 COD1999-02644 J.J. Eldridge, Blk C, Lot 28 Goldie W. Batten 1111 Grant Street 320.00 COD1999-02953 Greenwood Park, Blk B, Lot 12 Pearl Patrick Estate 1146 Engman Street 320.00 COD1999-04399 cia Homer Patrick PR Greenwood Park #2, Blk D, Lot 56 ('''", Teretha Pugh 1630 North Washington Avenue 320.00 COD1999-04200 ......'ll<" Philip R. Joseph Fairmont Sub, Blk A, Lot 14 Cynthia L. Merritt 1413 North Osceola Avenue 320.00 COD1999.03875 Sharp's Sub, Lot 6 John M. Anderson 907 North Ft. Harrison Avenue 320.00 COD 1999-04144 Ira E. Nicholson's, 8lk 3, Lot 3 Tropicana Palms Ltd c/o 2495 Gulf to Bay Boulevard 5,785.52 COD1999-04498 ." Hechinger Real Est #1033 ' See 18-29-16, M&B 42/01 Eddie J. Walker Estate 141 5 Taft Street 320.00 COD1999-04396 cia Ruthie Walker . Lincoln Place, Blk 1, Lot 16 Nicola Belletti 800 Woodside Avenue 384.48 COD1999.04145 Allessandra R. Bellettl Oak Acres Unit 3, Blk A, Lot 1 5. APPROVAL OF MINUTES - 10/27/99 - Approved as submitted. 6. ADJOURNMENT - 7:05 p.m. , .' , . , .~. :': ~ '.:; I.,: t:,,' . .., " . ~ (,, f' . , , ' :., .. .':,. ~ ~ ~. " ':1' '" '. ~ , ", ! .<,: .:.. , " , , .,." \ :' . , '.. ,: ~.' . " " c.... u ,~\ ~ 12/8/99 4 '~. :< " " : . . : ~". ~ : '. )": : ".;" .'.' " . ~.. ":',:. .. . 0, . .: . O':.'~:' ~, . (': . ,'.: '.' ','." ':,!.:'.'\':.'.'.' ,.','.,'.. ...; ",:i..",.:,,':....,.'.";; ~,:': '",(,' ",\ .,",:..'." ,', ..< '" " ..' ," . ,,:::, :',';:' :>:. ,:,,::,',~>.",.',,::,,\.::,.:.,,',.~,.,,:,.,".,.:'l:~'.'.~. ..:;...... ','~ .,',',..~,< ':,:',...,:.,,:<' ':;,:::':::;'::'.;'/' "..., , , .:' ,'. " " :,: ::~,>'.:'." . :. ." L' . . ~ .' t .: ..... ..' '., I.. ~ . ,,' ,..,' ::"":":.:',/;': ~>',:', ;:"./:' :, ......:..... . . 0 '.' ... ~'., .. '. .'. . I , '..' '.. I.,' . ~' .': .:. ..0.,' . , ., . .: I . ~ ".'. '...' . .'. ,,'. L' .' o' .... " ' .:' . '.. ,,'.' , , '. .c. " ," , .." L. .' . .. , . ..' ',:;' '. f~: ~~~~ <'~': :-'.~..'.'o,'" ,~o,:" c"' ::::. , .' ,.... .~.t ': .".....;.:\.....'....:.,. .. . .", ,..,. I:':""'; :,' : . ~.. .""'.. .... ' '. ' '." , ~,' 'I .." " h ".' ..... .. , 'i.' , .' .~. . MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER December 8, 1 999 Present: Helen Kerwin Lawrence Tie'man Frank Huffman David Allbritton Sheila Cole Joyce Martin Chair Vice-Chair Board Member Board Member Board Member Board Member Absent: Mary Rogero Board Member .. mcb1299 1 12/08/99 Also Present: Leslie Dougall-Sides , Karen Clark Sue 'Diana , Brenda Moses City Attorney Attorney for the Board Secretary for the Board Board Reporter " " 1:: ' L , ' .'t: . ; ~ . 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. \ '~) 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 Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. CASE 29 -99 - (Cant. from 10/27/99) Vincent & Mary S. Centore 321 6 Pine Haven Drive (Development Code) - Phlllips Secretary for the Board Sue Diana read the affidavit of violation and request for hearing. She reported service on the notice of hearing was obtained by physically posting the notice on the property and at City Hall. ~ In response to questions from Assistant City Attorney Leslie Dougall-Sides, Inspector Julie Phillips stated a complaint by the adjacent neighbor to the north of the subject property was received on August 20, 1999. Upon inspection, she found a fence in disrepair, with rotting boards, a missing section, and a fallen section. A notice of violation was sent via regular and certified mail to Mr. & Mrs. Centore, and the certified mail was returned unclaimed. Inspector Phillips said she had allowed a'mple time for the Centaras to come into compliance. She said the portion of fence that had fallan is now leaning against the screened enclosure. She inspected the property yesterday and today, and it is still in violation. ] 'I,' ." .. -- "_"~C --J Attorney Dougall-Sides submitted City Exhibits 1-5. Inspector Phillips said if the entire fence needs repaired or replaced, a permit is required. If a portion of the fence is replaced, no permit is required. She stated she felt the entire fence should either be replaced or removed. She stated after the initial inspection, Mr. Centore purchased new fence materials with the intent to replace fence portions but has not done so. She spoke to him yesterday at which time he indicated he has spoken to 2 surveyors regarding the fence. A survey is necessary to replace the entire fence. Vincent Centore, property owner, said he was unsure who owns the fence. When he purchased the home, he did not receive a surveyor a deed. He stated the fence on one side of his yard is smooth side out, and the fence on the other side is rough side out. It was suggested he remove the fence completely. He said he was considering selling his home and wanted a survey. Inspector Phillips said Mr. Centore's neighbors to the north were the original complainants. Member Tieman moved that concerning Case 29-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on December 8, 1999, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: After hearing testimony of Code Inspector Julie Phillips and Vincent Centore, the Respondent, and viewing the evidence, City Exhibits 1-5 (Ex. 1 - notice of violation dated 8/20/99; Ex. 2 - property ownership verification; Ex. 3 -code sections property cited under; Ex. 4 affidavit of violation and request for hearing dated 9/8/99; and Ex. 5 - photographs of conditions on property dated 9/18/99, 1217/99 and 12/8/99), it is evident the property is in violation of the sections of the Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 3-808, 3- 808.A.1, 3-808.A.2 & 3-808.A.3 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 14 days (December 22, 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 December 22, 1999, 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 22, 1999. mcb1299 2 12/08/99 .~ I .... :';" : ,"I,,' '.'j. ',': '.," 'I I"I~:' :.'. .:.~4'.':....'. ~'.' ,:,'":," .; '<) If Respondent does not comply within the tirJ:'le 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. B. CASE 30-99 (Cant. from 10/27/99) Arian Tenney 1320 Terrace Road (Development Code) - Rosa Ms. Diana read the affidavit of violation and request for hearing. She reported I service on the notice of hearing was obtained by hand delivering it to Ms. Kelley Tenney at the subject property. Inspector Rick Rosa stated he received a complaint from the Police Department regarding abandoned vehicles and a trailer in the setback of the subject property. The date of initial inspection was July 1, 1999. Upon inspection, Inspector Rosa found 4 vehicles, a trailer, and a collection of car parts, tires, an old refrigerator, and other items. This property has a history of such violations. Inspector Rosa issued a notice of violation on July 1, 1999, by certified mail. The certified receipt was returned signed. He noted the owners had. been previously cited under the old public nuisance code. Mr. Rosa said he spoke to the owner's son, Ted Tenney, regarding the violations. Inspector Rosa said due to the volume of items on the property, he had agreed to weekly inspections to allow the owner time to remove the items on a periodic basis. On September 8, 1999, Inspector Rosa issued a notice of violation and request for hearing. The property was reinspected this morning and the property remains in violation. New items were seen on the property today such as tires, building materials, and telephone booths. Cars, a van, and a motorcycle without current registration also are on the property. (:J The owner's son and daughter-in~law reside at the property. Mr. Rosa said it appears some type of business is taking place on the property. The property was I:, mcb1299 3 1 2/08/99 " .. .:. ': t', ,',,', ':'-+.t ',",. " .' ,..~.. . '~ ~ -'..~.. ',' ': .;. ,.',,'. ",~' .. ',' , cited as a regular code violation using the nuisance section. Board Attorney Clark said if the same violation occurs within 5 years, the City can re-cite the property owner as a repeat violation. I) " .~ , .~.; Attorney Dougall-Sides submitted City Exhibits 1 - 7. Member Cole moved that concerning Case 30-99, the Municipal Code Enf!Jrcement Board has heard testimony at its regular meeting held on December 8, 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 Inspector Rick Rosa (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-7 (Ex. 1 -'notice of violation dated 7/1/99; Ex. 2 - property maintenance standards; Ex. 3 - property ownership verification; Ex. 4 - case file; Ex. 5 - information summary; Ex. 6 - affidavit of violation and request for hearing dated 9/8/99; and Ex. 7 - photographs of items being stored on property, it is evident the property is in violation of the sections of the Code as read into the record. 'CONCLUSIONS OF LAW " , -\ ) The Respondent by r~ason of the foregoing is in violation of Section 3-1503.A 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 14 days (December 22, 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 December 22, 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 December 22, 1999. If Respondent does not comply within tho 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 mcb 1299 4 1 2/08/99 11 : ~ wfrlthingoandd fi/edd Wi~h the Board Secretary no later than thirty days after the execution , 0 t e r er an pnor 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 31-99 John C. Olson 1216 N. Ft. Harrison Avenue (Development Code) - King Ms. Diana read the affidavit of violation and request for hearing. Service on the notice of hearing was obtained by certified mail. " Ms. Dougall-Sides said under the new code, three-dimensional objects for use as signs are prohibited. In response to questions from Ms. DougallpSides, Inspector Janice King said the case came to her attention through her supervisor. One portion of the property is being used for car sales and the other as a muffler shop. Originally, letters "muffler man" were painted on the three-dimensional sign. The initial date of inspection was July 29, 1999. The writing on the sign has since been removed. mcb1299 6 1 2/08/99 I . '......_'" Inspector King reinspected the property on September 28, 1999, and found a van with signage near the road in addition to the three~dimensional sign. A notice of violation was issued and sent via regular and certified mail. Service was obtained by ,pertified mail. Inspector King said the owner moved the van away from the road but did not remove the "muffler man" sign. The owner contends since the lettering has been removed, the muffler man is not a sign. Ms. King reinspected the property yesterday and said it remains in violation. Ms. Dougall-Sides said the code defines a sign as a sculptured matter including forms shaped to resemble any product designed to convey information to the public. The muffler man is made from muffler parts, holds an American flag, and is designed to convey information to the public regarding the product. In response to a question, Ms. King said the "muffler man" matches the color of the building. Attorney Dougall~Sides submitted City Exhibits 1 - 5. John Olson, property owner, said he feels the muffler man sculpture is a creative piece of artwork. He said it adds to the area. As the lettering has been removed, he does not feel it is a sign and in violation of the code. George Bleesedale, creator of the muffler man, said these types of artwork are common in other cities. This sculpture displays the American flag. He said many people have commented positively on the sculpture and no has complained. Ms. Dougall-Sides cited a case in which a steakhouse with a representative cow was screened from the US 19 right-of-way so that it was not visible by passers- 1:;') by. That case involved code enforcement of a three-dimensional object. . .. . ~. 1 r . :,.'. . .: . I >'. . '.' ~. ..'. ~ r ,: _ ,~: . L."... ~ " I' . ..' .' ;I'~l.1 u. .~.,' '~ Mr. Sleasedale said Western World on Draw Street displays a large horse on the roof to attract business. He said the IImuffler man" is constructed of tin and referred to as the IItin manll by the owners. It was suggested the "muffler man" be moved to another location. Board Attorney Clark said the code refers to the intent of the object as it relates to conveying information to the public. She suggested if the board finds that the intent of the item is to convey information, i,t is in violation of the code. Mr. Olson said he is aware of beautification attem'pts in the area, but has only received positive comments about the object. Staff indicated they are willing to work with the owner to resolve the issue. It was noted this is a difficult situation but the object appears to be in violation of the code. Member Cole moved that concerning Case 30-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on December 8, 1999, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: '\ FINDINGS OF FACT , ("1'\ ~".:.-:;! After hearing testimony of Inspector Janice King and John Olson, the Respondent, and viewing the evidence, City Exhibits 1-5 (Ex. 1 - notice of violation dated 9/28/99; Ex. 2 - property ownership verification; Ex. 3 - development standards re signs; Ex. 4 - affidavit of violation and request for hearing; and Ex. 5 - photographs of object dated 9/29/99 and 12/7/99J, it is evident the object displayed' on the property constitutes a sign according to code and is in violation of the section(s) of the Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 3~1803 (V) of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violationls), ORDER It is the Order of the Board that'the Respondent is to correct the aforesaid . violation within 10 days (December 18, 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 December 18, 1999, the Respondent may be ordered to pay a fine for each day the violation continues beyond December 18, 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 Pinollas County, mcb1299 6 1 2/08/99 ~~<<,i..J",:;..". . ;.... . . +. .." ~. . '. ',"'. . ~..' . . I, ~. - '," . '. "'; ( ') o " .~ Ie 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. Upon the vote being taken, Chair, Kerwin and Members Huffman, Allbritton, Cole and Martin voted "aye"; Member Tieman voted "nay". Motion carried. D. CASE 32-99 Emro Marketing Company (Speedway SuperAmerica) 3130 Gulf to Bay Boulevard (Occupational License) - Chianella In a memorandum dated December 8, 1999, Inspector Dana Chianella withdrew Case 32-99. The property is now in compliance. E. CASE 33-99 Melvin Spinoza 1 632 Drew Street IBuilding Code). - Chianella Ms. Diana read the affidavit of violation and request for hearing. Service was obtained on the notice of hearing by posting it on the subject property. A notice was also mailed to Mr. Spinoza's Spring Hill address. No certified mail receipt was returned. Melvin Spinoza, owner, requested the case be dismissed due to improper service. He requested waiving today's hearing in lieu of a court hearing. It was noted the Municipal Code Enforcement Board is not a court of law, but a quasi-judicial board. The board is empowered to decide under the recommendations of inspectors and the code if a violation exists. Should it be determined a violation exists, the board has the authority to determine how to handle the violation. In response to questions from Attorney Dougall-Sides, Inspector Chianella said the subject property appears to be a rental property. She received a complaint from a resident regarding the property. Previously, Inspector Scott had posted an order to stop work on the property on April 7, 1999, for building a shed-like structure without permits or inspections in the side setback. The owner was given until April 21, 1999, to comply. mcb1299 7 12/08/99 '") . ....1 On October 7, 1999, Inspector Chianella spoke to the tenant. reposted the property for the same violation, and mailed a certified notice of violation to the owner's Spring HlII addr'ess which came back unclaimed. Notice was also posted at City Hall. On November 24, 1999, Inspector Chianella reinspected the property. To date, the violation still exists. Kevin Garriott, Building Official, stated the shed is considered a structure under the code and r'3quires permits and inspections. The owner is required to submit a site plan, construction plans and a survey. A licensed contractor is required for rental property. Demolition of the structure will require a permit and would bring the property into compliance. Mark Parry, Planner, stated his job responsibilities include processing development approval applications and zoning approvals. He reported that he spoke to Mr. Spinosa regarding required approvals for the subject shed. He stated he had never received the necessary documentation such as a site plan, proof of ownership, a survey, the names and addresses of all abutting property owners, and an application fee. He said he cannot guarantee that Mr. Spinosa will be granted approval should he submit all required items. Mr. Parry said from photographs, it appears the shed is directly on the side yard property line within the setback. Attorney Dougall-Sides submitted City Exhibits 1 - 9. " It was remarked the shed was intentionally built in the side setbacks without permits and inspections and completed in deference to the notices of violation. In response to a question, Inspector Chianella said the shed is sitting on cinder block and not anchored to the ground. Mr. Spinosa said the building code states that all structures are not buildings. In order to be a building, the structure must be anchored to the ground. He said he did not need a permit if the shed was not anchored to the ground. It was noted code requires all structures be anchored to the ground. Mr. Spinosa disagreed and distributed copies of his motion to dismiss (Defendant's Exhibit #1). Mr. Spinosa said although Mr. Parry had stated that he had not done so, he had submitted a list of abutting property owners to the Planning Department staff. He also disagreed with points of law regarding the case. He stated he never received a notice of violation. /. t Member Huffman moved that concerning Case 33-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on December 8, 1999, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: , ,. , ' '. '. . I .. ,I': ' .,' FINDINGS OF FACT , r" '. .! : 'I, o After hearing testimony of Code Inspector Dena Chianella and Melvin Spinoza, the Respondent, and viewing the evidence, City Exhibits 1-9 (Ex. 1 - stop work order issued by Inspector Scott dated 4/21/99; Ex. 2 - stop work order issued by Inspector Chianella dated 10/17/99: Ex. 3 - property ownership verification; Ex. 4 - building regulations; Ex. 5 - case activities; Ex. 6 - letters ra application for constructing a \ ,": I,: :.: mcb 1 299 8 1 2/08/99 ':-.. .f,', .. ~. . :" . . ... . I .'. I . . . ,.'.' ",' ,'.. '.. '.. : :.::~. . ". ~,\ . . < .'''. '-, '. ." 'J {I ,;'.':',..'.::'",:,t., .,..,'.,.:'.'.:'.:,..,.,.,...', .';"';""~:">:'~:">'..~".,. .."..,'., ,".' ':--' ,,\',,:','; ,~ :-- ,: i:,,,. :--: ':. .:. , .. '. .: '::"':, :'-;:'.:.':: . ,"~:,. " ',;, : '... .. , .::,~.~,.'. ;::,,~' :,:::...<:,:"..'.'.:,;,:,:.> :::::>;':':":'::':"':~I:"?"';:>::':":':,,;,.:.:.:::,:.'~:';':' ':': :;".:'.>>,: .-.. .' i ~~ ".',", .... .,..~....... '/"~:"~::'~"~J..''''..~:'':..:'''': ,....:::'~ . .... ,".::.',:./ 0' .::{..~\.:~':.~, . .... ,'. ..', '.,.'.":',.,:' ':':':'<"',:,::.' .':-;:,':;: ':':;,: (': .: ::. .,',0'"'' . '.': ~.. ~ t'.'. . " ',r, : I; "" I ... " ,'. I ~, ) " , ' " ' ,::..'~,. f ,I ., 'lwi," .' I ~ o ; ~~ \' !"'... , I . shed dated 5/24/99; Ex. 7 - notice of violation and request for hearing: Ex. 8 - correspondence from Respondent dated 11/19/99; and Ex. 9 ~ photographs relating to case dated 4/7/99, 1017/99, 11124/99 and 12/8199 and Defendant's Ex. 1), it is evident a shed has been installed without a permit or inspections and the property is in violation of the section(s) of the 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 tho City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violationls). ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation within 30 days (January 7, 2000). The burden shall rest upon the Respondent to request a rein~pection 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 7, 2000, the Respondent may be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($1 50.aO) per day for each day the violation continues beyond January 7, 2000. 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. F. CASE 34~99 Naci & Samra Hocalar 14 S. Comet Avenue (Building Code) - Chianella In a memorandum dated November 30, 1999, Inspector Chianella withdrew Case 34-99. The property is now in compliance. mcb1299 9 1 2/08/99 " ~ G. CASE 35-99 Coquina Apartments, fnc. 692 Bay Esplanade Avenue (Building Code) - Chianella In a memorandum dated November 24, 1999, Inspector Chianella withdrew Case 35-99. The property is now in compliance. . I' ' mcb 1299 10 12/08/99 H. CASE 36-99 Rodney A. & Amy Surratt 2031 Charter Oaks Drive (Building Code) - Chianella Ms. Diana read the affidavit of violation and request for hearing. She said service was obtained by hand delivering the notice of hearing to Jack Surratt at the subject property. ' , . In response to questions from Attorney Dougall-Sides, Inspector Chianella stated an anonymous complaint was received on January 20, 1999 regarding the subject property. Previously, Inspect9r Robert Scott Issued a notice of violation and stop work order an January 22, 1999 for construction of a shed without a permit or inspections. II. Inspector Chianella said she initially inspected the property on October 1, 1999, at which time she issued a notice of violation and stop work order for a roof and shed being installed without permits or inspections. The owner was given until October 21,1999, to comply. As of today, the propertyJemains in violation. Inspector Chianella said the' owner must apply for a roof permit for the house and a permit for the shed. Attorney Dougall-Sides submitted City Exhibits 1 - 7. Rodney Surratt, owner, said the shed had been provided him by his previous employer to house computer equipment. He plans to take it down. He felt he could remove the shed within 30 - 45 days. He said between some of the storms this year, he discovered a problem with the roof of the house. The prior owner had used elastic roof coating, which caused the roof to erode from the underside. He said he is merely patching the roof and questioned if a patch requires a permit. He questioned what part of the roof requires an inspection since he is doing cosmetic work such as putting a second layer of shingles over existing shingles. ,~ Inspector Chianella felt as the stop work order was issued in January, Mr. Surratt had ample time to come into. compliance regarding the shed. Mr. Surratt said he had contacted Inspector Scott and explained he travels frequently. He said Inspector Scott indicated that Mr. Surratt should stop work until a permit has been obtained. He said no work has been done on the shed since the stop work order was issued in January 1999. He expressed concern regarding the cost to remove the shed. 'I , ",>,.01{. , . ( ) . ~~~,",\ '~.J ~,;.,,),', ',',-". " Kevin Garriott said a permit is required to re.roof a house. He Eaid it is permissible to layer one layer on top of an eXisting layer of shingles. Small patches of do not require a permit. Demolition permits are required to remove the shed. Member Allbritton moved that concerning Case 36-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on December 8, 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 Dana Chianella and Rodney Surratt, the Respondent, and viewing the evidence, City Exhibits 1-7 (Ex. 1 - stop work order issued by Inspector Scott dated 2/5/99; Ex. 2 - stop work order issued by Inspector , Chianella dated 10/21/99; Ex. 3 - building regulations; Ex. 4 - property ownership verification; Ex. 5 - case activities; Ex. 6 - notice of violation and request for hearing dated 11/5/99; and Ex. 7 - photographs of conditions dated 10/11/98, 1/22/99; 11116/99, and 12/8/99), it is evident a roof and shed were installed without permits and inspections and the property is in violation of the section(s) of the 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 90 days (March 7, 2000). 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 March 7, 2000, 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 March 7, 2000. 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 mcb 1 299 1 2/08/99 11 >J. " . ~ . . of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reco'nsider 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 motfon was duly seconded and carried unanimously. ) The meeting recessed from 5:58 to 6:08 p.m.. I. CASE 37-99 Michael Vlamakis and Patricia Vlamakis Skye rest Auto Sales 2010 Drew Street (Repeat Violation) - Hall Ms. Diana read the affidavit of violation and request for hearing for a repeat violation. Service on the notice of hearing was obtained by certified mail. In response to questions from Attorney Dougall-Sides, Inspector Robert Hall stated he inspected the property on May 26, and 27, 1999, June 17 and 23, 1999, November 11, 15, 17, and 22, 1999, and December 2, and 8, 1999. Inspector DeBord inspected the property on October 1, 1999. A violation of the conditional use approval was observed on each date. The property was the subject of a previous Municipal Code Enforcement Board hearing. The owner was found in violation in reference to the number of vehicles on the property. The property was found in compliance for a short period of time. The property is being used for auto sales and t",t:t\ '"'Yr.i,;,J repai r. Inspector Hall said, as he was following up on the case, he found a repeat vio'fation of the conditional use. The code states 13 vehicles are permitted. Inspector Hall issued and hand-delivered a notice of repeat violation and request for hearing on October 21, 1999. No additional time for compliance was extended the owner. The owner was advised of the violation and of today's hearing, as well as a recommended $500/day fine. The owner indicated he would ensure the property came into compliance. As of today, 16 vehicles, 3 of which are motorcycles, were observed on the subject property. Attorney Dougall-Sides submitted City Exhibits 1-6. Attorney Dougall-Sides said Florida Statutes provides in the case of a repeat violation the inspector may immediately issue the affidavit of violation and request for hearing. No notice of violation procedure is necessary, and a fine of $500 for each day the violation continues can be imposed, beginning with the date the repeat violation is found to have occurred. It appears approximately 11 days of repeat violation have occurred. In response to a question, Inspector Hall said there are no outstanding fines from the previous case. " o Michael Vlamakis said he started the vehicle sales business in 1993 for his wife. He said originally the lot was designed to contain 50 cars. He had rented out a portion of the property. From January to October 1999, that property was vacant. . He did not realize that motorcycles were considered in the total permissible vehicle mcb 1299 12 12/08/99 ~~~.7~1-'., ') count. Patricia VI~makls said she thought tho empty adjacent lot formerly used as a produce stand could be used to park cars. She said she neglected the car lot due to personal issues. It was remarked Mr. and Mrs. Vlamakls only appeared to be willing to comply with the code when confronted with tho possibility of a fine. Mr. Vlamakis confirmed tl1at some of the vehicles are not in working order, are missing parts, or waiting to be shipped to auction or other locations. Most franchises, and larger independents offer less desirable cars with desirable ones as a package. They have recently found another location to park additional vohicles. Mrs. Vlamakis stated they are not del1berately violating code. It was remarked Mr. and Mrs. Vlamakis had agreed to the conditional use condition of 13 vehicles. Mr. Vlamakis said he is willing the use the entire property as a used car lot if necessary. He said it is difficult to designate a customer parking area as customers tend to park where they please. ;' Inspector Hall said as ,many as 20 to 40 vehicles have been observed on the lot. Discussion ensued regarding the frequency of inspections required at this property. Member Tieman moved that concerning Case 37-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on December 8, 1999, and based on the evidence issued its Findings of Fact, Con'clusions of Law, and Order as follows: " , FINDINGS OF FACT After hearing testimony of Development Services Manager Robert Hall, Michael and Patricia Vlamakis, Respondents, and viewing the evidence, City Exhibits 1-6 (Ex. 1 - affidavit of repeat violation dated 10/21/99; Ex. 2 - affidavit of service dated 11/5/99; Ex. 3 - land development regulations; Ex. 4 - property ownership verification; Ex. 5 - notice of violation dated 12/1/98; and Ex. 6 - photographs of vehicles exceeding the number allowed dated 5126/99, 5/27/99, 6/17/99, 6/23/99, 10/1/99, 11/1/99, 11/15/99, 11/17/99, 11/22/99, 12/2/99 and 12/8/99), it is evident the number of vehicles displayed on the property exceed the number of vehicles allowed by conditional use approval and the property is in violation of the section(s) of the Code as read into the record. CONCLUSIONS OF LAW I':, The Respondent by reason of the foregoing is in violation of Section 1-106 (C) of the Code of the City of Clearwater, Florida, that Res'pondent was f.ound to have violated the same provision by the Board on March 24, 1999, and that Respondent has committed a repeat violation. . I"~ . ORDER . ~~ '. " ~" ) '. ' \...) It is the Order of the Board that the Respondent shall comply with said section(s) of the Code of the City of Clearwater by December 10, 1999. It is the Order of this Board that the Respondent shall pay a fine in the amount of five hundred ~ . ; <!:', .I' . ;-'1' mcb 1299 13 1 2/08/99 , . . \ ' :. ~ '. '. " '. '." .- j .'.~'. t. . r.. .' ;:':'::";'~l':"":"'" ...."'f .'..... ..~. >,-:... ."..'.....-1...., ..,.... .....~..'.< 0'. ',.::.~;.;:...~ ~. .' .~. . t: 0".: ''"1'. ,I /'."" ,:.\ :- ',. '. . :",",:, :.. ,': '~:.,'::'. ..,'."":,:,,,:,. :,";' ::.'..::..;',':..,.'.,;..:.:';',. .,'.':......': :" ',':<t,'. ,',', "/ ~ ~,':',; ':.':,.:,'.'.:'::,,'.,'.:.';:.' '>"'( .'..,',::,,:. '~,',.::,~.:,.: <. ':'. ,', I .. ,: ~~'.; ~: ~~.:. \':: .~.' : :> : .: .:,:: '. .\ :'. .' '.:.:. : i; ;\ ':. : c. ./:;', :::~)':>;/:::'::/i:; . , ; . '.. . . . . .' ,;~;'" '.:;. :?'o"'" ".. . ...... I .',.. .. f ." " "';;" .c1. . ~. I: . ~ '.'.~ I .... . :.':'.: :':",':;<</,',,: '." ,-':': ~'~'~:<:"'\'\~;;;:: ", ') ", .....' ,0, '0 C 1/' . - . \ ~ . . and no/100 ($ 500.00) per day commencing December 11, 1999 and continuing for each day the violation' continues to exist. Upon complying, the Respondent shall notify the Code Inspector who shall Inspect the property and notify the board of compliance. 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 '?lay 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 Soard 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. ' Upon the vote being taken, Chair Kerwin and Members Tieman, Huffman, Allbritton, and Cole voted "aye"; Member Martin' voted "nay". Motion carried. 2. UNfiNISHED BUSINESS A. CASE 26-98 - Affidavit of Compliance Bill V. & Sophie Stathopoulos 1 975 Drew Street (building) - Scott B. CASE 37-98 - Affidavit of Compliance Robert M. & W. Rhanda Dobraski 1533 S. Jefferson Avenue (building) - Chianella .I c. CASE 13-99'- Affidavit of Compliance Calvin M. Doyle 1 268 Engman Street (Building) - Wright D. CASE 16~99 - Affidavit of Compliance Equator, Inc. 2516 Gulf to Bay Boulevard (Landscape) - Kurleman E. CASE 17-99 - Affidavit of Complianc'e Equator, I'nc. 2516 Gulf to Bay Boulevard (Building) - Wright mcb1299 14 12/08/99 . ". '.. ,', " . ....... .:.....;... . ....r . ','.' . .t.. . , . . I . .', '} '. .1 F. CASE 06-99 - Affidavit of Compliance Clearwater Prop Group c/o Kmart 2130 Gulf to Bay Blvd. (Landscape) - Kurleman " ,r Member Tieman moved to accept the Affidavits of Compliance for Cases 26- 98, 37~98, 13-99, 16-99, 17-99, and 06-99. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DlSCUSSION A. ' Address Board ra Authorized Foreclosure Case 95-92 Thomas & Elizabeth Floyd 605 Hart Street/603 Hart Street (Building) - Wright Thomas Floyd requested the Board reconsider the recommendation for foreclosure on the property at 605 Hart Street. He said he did not understand some issues in the code and had experienced some financial difficulties regarding renovations and funding needed to bring the structure up to code. He noted the , structure at 603 Hart, Street has been repaired and the property is in compliance. o Mr. Floyd said he had difficulty finding a licensed contractor to repair the' properties due to financial considerations. He felt a miscommunication between staff caused the fine to continue after compliance was met on t?ne of the properties. He said his mother-in-law, who is in poor health, resides at 603 Hart Street. Inspector Wright said a lien has been filed on 605 Hart Street for demolition of the structure by the City. Inspector Wright said both properties are now in compliance but the fines have not been paid. There is a lien amount of $ 544,000 owed on the property at 605 Hart Street upon which the Board has authorized foreclosure and the lien amount on the property at 603 Hart Street is $25,825. Ms. Dougall-Sides said the assessed valuation on 603 Hart Street property is $29,500 for 1999. She did nat have the figure for 605 Hart Street. Elizabeth Floyd said she has made numerous attempts to bring 605 Hart Street into compliance before it was demolished. The Floyds had numerous conversations with Inspector Wright as to whether it would be feasible to repair the structure versus demolishing it. This tract of land is the only piece of residential property that remains on the block that has since been zoned commercial. She is concerned with her mother's health and does not want to uproot her. The Floyds have repaired the property on their own without financial assistance. Mr. Floyd said after repairs were made to 603 Hart Street, he thought the inspector would reinspect it for, compliance. He said he was not aware he was to '\.:J contact the City upon compliance, therefore the fines continued to accrue. mcb1299 15 12/08/99 . .. ..1 ...;....:....'.. I '. .. ~ .: ',' ...... . .~ Ms. Diana noted the City mailed quarterly letters updating the accrual of fines. She cited letters dating back to 1893 and 1994. Mr. Floyd said violations for 603 Hart Street Involved fixing broken windows in the rear of the property and repairing a subfloor due to a leaky roof. He pulled a permit to renovate the entire house rather than merely making minor repairs. Member Allbritton moved that concerning Cases 18-92 and 95-92, the Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fine at a hearing held on December 8, 1999, and based upon the testimony presented, it is evident reduction in fines from $544,000 and $25,825 to $2,000 Is appropriate in the above referenced cases. If the fines are not paid within 30 days from the date of the hearing, liens in the original amounts of $544,000 and $25,825 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. B. Address Board ra Reduction of Fine Cases 16-99 and 17-99 Equator, Inc./Froggy's 251 6 Gulf to Bay Boulevard (Landscape & Building) - Kurleman & Wright I::M \,.",) ~... Attorney Mary Carotenuto, representing Equator, Inc., noted fines began accruing on July B, 1999, for Case 16-99 (landscaping violations) and on August 12, 1999 for Case 17-99 (building violationsl. She indicated the owner had a purchaser for the property since January 25, 1999. The original date of closing was scheduled for May 25, 1999. 80th of the Board ordered fines started after the January date. The owner believed the property would close well before the fines started. The property closed on June 25, 1999, in escrow. Ms. Carotenuto noted contracts regarding purchase of the property were submitted to City staff. Ms. Carotenuto said the owner was actively trying to close the property. The new owner submitted plans for the property to City staff on July 28, 1999. She said there was some misinformation at a prior Board meeting, which indicated no plans had been submitted. Planning and Development staff approved the new owner's plans on October 21, 1999 and the property was sold on October 29, 1999. The building was demolished and debris removed by November 12, 1999. I Ms. Carotenuto felt the City's requirement to plant 98 shrubs and trees was unreasonable since the property was being sold. She felt since the landscaping requirement did not affect the health and safety of the property, it would have been a bad business decision. She said the new owners plan to landscape. Safety and health items were addressed. She felt the owners 'attempted to keep the Board' informed of measures being taken regarding the property. The property has since been sold and the building demolished. o Dan O'Brien, licensed contractor, said another delay resulted in the sale of the property because the City denied approval of a left turn lane off Gulf-to-Bay Boulevard that the FOOT (Florida Department of Transportationl had approved. An issue regarding a City well also delayed the closing. He said he had stated at a mcb1299 16 12/08/99 ) Cl~"" l,~J~;J .~ previous hearing the building would be demolished and the property cleared. A site plan was submitted. He felt landscaping requirements were unreasonable. Minimal electrical power was available to run the fire and security alarms. The property was secured by closing the back gate. There was no point in re-roofing the building as it was to be demolished. He said he submitted all requested documentation to staff. Maurice Wilder, owner, said the FOOT closed off the property without notice. That action also affected the sate of the property as the new owners were told the center island would be constructed., It was remarked the Board was concerned there had been no assurances regarding the closing date. It was noted that previous testimony by City staff indicated that vagrants were sleeping in the alcove, safety issues regarding the roof and electrical problems existed. For the duration of the time the building was in disrepair on Gulf-to-Bay Boulevard the Board determined it necessary that the owner comply with code. In response to a question, Inspector Wright said compliance with health and safety violations that were ordered were not' completed within the specified 14-day timeframe. He said the gate was closed and locked but not secured. The plastic panels on the roof were not removed as ordered. Mr. O'Brien felt complianc~ was met by leaving only the electrical power on for fire and security alarms. Inspector Wright said the owner was flagrant in compliance efforts and could , have complied within 2 days on roofing and other security issues. Inspector Kurleman said at the June 23, 1999, Municipal Code Enforcement Board meeting, no representative was present to address landscaping issues. The City does not want unoccupied sites to deteriorate due to anticipated closings that may not happen. The owners made no attempts to remove dead materials and mulch the property. The property should have been maintained to minimum code standards prior to the sale. Only the grass had been mowed. Mr. O'Brien provided no evidence that a landscaper had removed all dead materials. Inspector Kurleman said a good deal of dead materials had been left on the property. Ms. Diana said as of today, the fines total $54,700. Attorney Clark said City administrative costs of $400 and legal fees of $3,215 related to an appeal by the owner should be considered as well as future legal fees. Ms. Carotenuto said she feels the landscaping fines should be removed completely as the requirements were unrealistic in light of the pending closing. Mr. Wilder said he felt a maximum fine of $10,000 was appropriate. Ms. Carotenuto said the owner will agree to dismiss the appeal lawsuit if the matter is settled today. Member Tieman moved that concerning Cases 16-99 and 17-99, the Municipal Code Enforcement Board has considered the Respondent's request for reconsideration of fines at a hearing held on December 8, 1999, and based upon the testimony presented, it is evident a reduction in fines from $31,750 and $23,000 to $15,000 is appropriate in the above referenced conditioned upon appeal filed by Respondent being dismissed with prejudice and fine being paid within thirty days from the date of the December 8, 1999 hearing. If the reduced fine is not paid in accordance with the , specified conditions in this Order, liens in the original amounts of $31,750.00 and $23,000.00 shall be recorded in the public records of Pinellas County, Florida. The motion was duly seconded and carried unanimously. mcb1299 1 2/08/99 17 '( .. \,'1 . j , '>. Dorothy Thompson Cleo Trammel 602 Alden Avenue ,'Bidwell's Oakwood AddItion, Lot 56 COD1999-02955 $320.00 " I, " ~. ". .~ 1 . ~ : '.. . .' . , , '., "i '~ 4. NUISANCE ABATEMENT LIEN FILINGS Beach Communities II, Inc. Glen R. Johnson, R.A. 1350 Gulf Blvd. Sec 19-29-15, M&B 14/08 ,COD1999-01018 ' $1,356.45 ;.\~ Robert Avon COD1999.03425 2790 Heatherwood Court $320.00 " Cypress Bend of Countryside Unit 1, Lot 34 " . Larry Bunting 804 Pennsylvania Avenue Pinecrest. Blk 5, Lots 3-4 COD1999-03934 $320.00 ' ,'>1 I.... t, ' " \"'. Mark J. Rossi 708 Madera Avenue DelOra Gardens, Lot 25 COD1999.03923 $320.00 :'" ".--.:. ", " , t ,; I ..,~ ". .' Bernard A. Hawk 'Anno M. Hawk 700 South Highland Avenue Breeze Hili, Blk 0, Lot 1 COD1999.03439 $320.00 Steven Schwartz 804 North Myrtle Avenue Ira E. Nicholson's, Blk 1, Lot 10 COD1999-03933 $320.00 Gwendolyn Taplin 703 Nicholson Street Ira E. Nicholson's, Blk 1, Lot 13 COD1999.03929 $320.00 , i Gulfstream Contractors Ino COD1999.03928 917 Seminole Street $320.00 Plnecrest, Blk 8, W50' of E97' Lot 1 . Susie Ellis Bessie Edw'ards '10'1 I; LaSalle Stroet , Greenwood Manor, Lot 7 COD 1999-02951 $320.00 WSF Trust 8/6/90 1106 LaSalle Street Greenwood Park #2, Blk E, Lot 36 COD1999.03413 $320.00 ~~;~ W Edwin F. Rodriguez COD1999.03382 mcb 1 299 18 1 2/08/99 (fi;<< ..... ".; ':,i" ,: ....... .' , ! " i ., "t . ~ ... c .: ~;I " .. I ., '... ' ',:~ " , , , II 1365 Friend Avenue $320.00 , Cleveland Grove, Blk 7, Lots 33-34 Church of God at Clearwater COD1999-03781 900 Palmetto Street $320.00 , Jurgen's Addition, Blk F, Lots 4.5 Hoke S. Russell COO1999-03132 " 916 Plaza Street $320.00 Plaza Park, Blk G, Lot 9 James Brooks Jr COD1999-03250 j Cleo Sammons $320.00 I 1404 Taft Strset I lincoln Place, Blk 2, Lot 6 I '. , " Cedar J. Albert COD1999-02973 f 604' North Garden Avenue $489.00 t Bidwell's Oakwood Addition, Lot 28 ' t ~.~ , . ,,~~ k'. ' " .' ' '?,;,~ .' :,"'. Joseph P. Sershon Donna J. N'athan-Sershon 1208 Jadewood Avenue Woodvalley UnIt 4, Blk 14, Lot 27 'COD1999-04343 $320.00 ',. AmSouth Bank 1010 North Garden Avenue J. ,J. Eldridge, Blk C, Lot 27 COD1999-02533 $572.18 AmSouth Bank 1 OOB, North Garden Avenue J.J. Eldrldgo, Blk C, Lot 28 COD1999-02644 $572,18 1/, ., C Gold1e W. Batten '1111 Grant Street , Greenwood Park, elk B, Lot 12 COD 1999-02953 $320.00 ,', ~' Pearl Patrick Estate c/o HOlTler Patrick PR 1146 Engman Street Greenwood Park #2, elk 0, Lot 56 COD1999-04399 $320.00 ~" ;, .j, . . , " , . Teretha Pugh Phlllp R. Joseph 1630 North Washington Avenue Fairmont Sub, Blk A, Lot 14 COD1999-04200, $320.00 .'.; " " t' , t<.' ". Cynthia t. Merritt 1413 North Osceola Avenue Sharp's Sub, Lot 6 COD1999-03875 $320.00 I, '.' J, ~: . " " ,::'.'1 V John M. Anderson 907 North Ft. Harrison Avenue Ira E. Nicholson's, Blk 3, Lot 3 COD1999-04144 $320.00 ,,~,I . mcb1299 19 12/08/99 !~;:/,c:~. ,. .( , !,'.~' j, . ...., '. ,;.....J ~~>: ~' " ~', . )5. .~ ~'. . ~ \' . ~ F..:. ,~~ ~ . \\:: . , ' /~.: , , (J i' 1, ,:','0 " " ' , , '. , Troplcana Palms Ltd c/o Hechlnger Real Est #1033 2495 Gulf to Bay Boulevard Sec 1 ~~29~ 16, M&B 42/01 Eddie J. Walker Estate c/'O Ruthie Walker 141 5 Taft Street Lincoln Place, elk 1, Lot 16 COD1999-04498 $5,785.52 COD1999~04396 $320.00 Nicola Belletti Allessandra R. Belletti 800 Woodside Avenue Oak Acres Unit 3, Blk A, Lot 1 COD1999-04145 $384.48 Ms. ,Dougall-Sides explained under the old code, nuisance abatement liens were approved for filing by the Commission. In the future, nuisance abatement lien filings will go to the Municipal Code Enforcement Board for approval. Member Tieman ,moved to approve the nuisance abatement lien filings as presented above. The motion was duly seconded and carried unanimously. , ~ 5; APPROVAL OF MINUTES - 10/27/99 , Member Huffman moved to approve the minutes of the regular meeting of , October 27, 1999, as submitted in written summation to each board member. The, motion was duly second~d and carried unanimously. 2. ADJOURNMENT The meeting adjourned at 7:07 p.m. Chair, Municipal Code Enf Attest: ' Y61~ll d fJ1 )Y? 01t;J Board Reporter mcb1299 20 ~~ii"~,~."~'rl'~~W, .-:.,1 ~'d;~\~1.~M~,~)t'~.t1l~~',; .'~<. ~ :'::..~~ .~:c..,~_ ,,+l,,1 ' 'r ," . \ : 12/08/99 ',', .{..; .. , .' . : ~ ~y . .... .> ,