01/24/2001 (2)
:N1uft~,cip~I:Code'.~nf~rcement Boa~~,
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. ACTION AGENDA
, CITY.OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
. January 24, 2001 - 1 :00 p.m.
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'd" '. 1.: PUBLIC H~ARINGS
A, Case 42-00 (Cant. from 11/8 & 12/13/00)
: To be Continued to 6/27/01 per Sec. 7-102(c)
WilHam, Michael & Assoo Ino (Philip J. Matonte, RA)
307, Leeward Island
(building) - Chaplinsky
ACTION: . Continued to 6/27/01.
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Case 43-00' (Cont. from 11/8 & 12/13/00)
. McDowell Holdings Inc (McDowell Dental Office)
1433 Court Street,
(landscape) - Kurleman
Comply by 2/17/01 or $250/day.
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C. Case 44-00 (Cant. from 11/8 & 12/13/00)
B&K Property Manageme'nt Ine (B&K Plaza/Dominos 'Pizza)
\. . 2245 Nursery Road. ,
;" . ", (landscape) - Kurleman " .
;::.' . ,ACTION: Comply within, 30 days of issuance of county permit (curbIng) or $50/day; status report at
':": " March meeting.' .
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D.' Case 01-01
David L. & Catherine F. Jones
1200 Melonwood Avenue
(building).M Coccia'
Comply by 3/4/01 or $50/day.
ACTION:
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E. .. Case 02-01'
Juan & Mark J. Costa
612 S. Duncan Avenue
fbuilding) - Coccia ,
ACTION: Comply by ;3/19/01 or $50/day.
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F.. Case 03-01
William J. & Mary J. Kuhn
1923 Flora Road
. '(housing) - Wright
ACTION: . Comply by 3/4/01 to have structure vacated; by 5/3/01 to start remediation of structure or'
. $200/day~ s'tatus report at April meeting.
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2" . UNF~NISHED BUSINES~ '
A. Case 28-00 - 'Affidavit of Compliance , '
, ' . . KVB Corp.
i " , .;/1\':.1'. 2276 Gulf to Bay Blvd.
,. I 'V1/f!',' '. (landscape) -' Kurlemah
",' 'ACTION: Accepted.
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01/24/01
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3. OTHER ~OARD ACTION/DISCUSSION
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A; Re'quest to Address Board re fine at future meeting'
, Case 22.99'
. ,Sloutls"Anastasopoulos, Psaltis (Majesties Night 'Club)
470-484 Mandalay Avenue
(landscape) . Kurleman .
. ACTION': Approved. Scheduled for 3/28/01:
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;, . . ,B. Case '25-98 - Addressing Board re fine
'.', Thomas L George Jr.
" 417 N. Washington Avenue
'. . . (building) - Scott .
::.'.... ACTION:' Reduced fine to $1,500 if paid by 2/23/01.',
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.~'::' 6. NUISANCE 'ABATEMENT LIEN FILINGS - APPROVED less Lotus Enterorises Ine
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Lotus Enterprises Ine COD2000-0460 1 .
1411 Gulf to Bay Boulevard $ 296.06
Boulevard Heights, Blk C, Lots 2-4 and 23-24.
12/13/00 action w~s to readdress at this meeting. .
Withdrawn.
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Brightwater Investment Establishment
165 Brig~twater Drive
,Beiyside Sub No.2, Lot 14
COD2000-05069
$407.00
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James Brooks Jr.
1404 Taft Avenue
. Lincoln Place, Blk 2, Lot 6
COD2000-05344
$250.00
, Jennifer Campbell .
1461 South Betty Lane
, .
Brookhill Unit 1,. Blk B, Lot 5
COD2000-05005
$250.00
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Clearwater Group Ltd .
, .1212 South Missouri Avenue B ,
Section 22-29-15, Metes &.Bounds 21/01
COD2000w05183
$250.00
.(
Thomas Floyd '
604 Seminole Street
'E.P. Merrltfs, Blk 1, Lots 4 and 6
less W62.1/2' MOL .
COD2000w05006
$250.00
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. I'. 01/24/01
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. Rodr.lg~es McLeod
. 606 Cedar Street
. J.J,'Eldrldge, Blk C, W40' Lot 32
COD2000.04506
$250.00
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.Mlc~ael Nelson ,
'. 2955 Meadow Oak Drive North,
Thi1berRldge of Countryside Unit' 2,' Lot 66,
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COD2000-05042
$372.40
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. Norw,est'Mortgage Inc'
1026,Melonwood Avenue
. Woodvalley Unit 6, Blk 4, Lot'23
COD2000-05243
$250'.00
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Gwendolyn' Taplin
703 'Nicholson Street ".
. ,I~a E. Nicholson's Add, Blk 1, Lot 13
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COD2000-04935
$250.00
. Ruth, 'Nilson ' . . COD2000-05002
.: '906 N. Pennsylvania Avenue' . . '.' $250.00
~~.;':':, .i:" I !.' ','., Pine Crest, ,Blk .2, Lot 3 and E 1/2 VBC' alley adj on W I
~;:;'::'" : ,,' ~:~ K:;"~~~~tHaven Drl~e West ~~~~ggO'0497~ "
~lF;/" ':!' ,~~~d~ate of Countryside Unit 1, L~t6 · .
V;', >' 6~ . APPROVAL OF MINUTES ~ 12/13/00 - Approved as submitted. '
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'ADJOURN'ivlENT - 3:56 p.m.
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MUNICIPAL CODe ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
January 24, 2001
Present:
Helen Kerwin
. Lawrence Tieman
Sheila Cole
Franke Huffman
Joyce Martin
Peter Caffentzis
Chair
ViceMChalr
Member
Member
Member
Member
. f
. Absent:
David Allbritton
Member
, Also Present:
Leslie Dougall-Sides
Andy Salzman
Sue Diana
Patricia O. Su'lIivan
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter '
Th~ Chair called the meeting to order at 1 :00 p.m. at City Hall.
To provido continuity for researcl1, 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 St~tute 286.0105 requires any party appealing a decision of this Board to
have a record of the proceedings.
. ITEM # 1. - Public Hearinos
. 1 a)
Case 42MOO (Cont'd from 11/8 & 12/13/00)
To be Continued to 6/27/01 'per Sec. 7-102(c)
William, Michael & Assoc. ,Inc. (Philip J. Matonte, RA)
307 leeward Island '
(building) ~ Chaplinsky
Assistant City Attorney Leslie Dougall-Sides said the property. is in
compliance; According to code, if the violation is not repeated within six months,
the' case will be withdrawn.
. Member Caffentzis moved to continue Case 42MOO to June 27, 2001. The
motion was duly seconded and carried unanimously.
1 b)' Case 43-00 (Cont. from 11/8 & 1 2/13/00)
McDowell, Holdings Inc. (McDowell Dental Office)
1433 Court Street
(landscape) - Kurleman
Board Secretory Sue Diana read the affidavit of violation and request for
hearing. Notice of Violation was Issued on August 11, 2000, mailed certified,
Mcb0101
1
01/24/01
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regular mail, and posted on the property and at City Hall. Service of the notice of
hearing was obtained by certified mall.
The Respondent was not present and had no representation.
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. In response to questions from Ms. Dougall-Sides, Land Resource Specialist
Scott Kurleman said he had inspected the subject property on August 11, 2000,
, after notice by the CRT (Community Response Team) and neighbor complaint. The
dental office business occupies two parcels with parking to the west. A landscape
plan is on file. Residential properties on Rogers Street abut the rear of the property.
The p'areal to the rear of the subject property was purchased, the fence relocated to
the south, and the landscape buffer on the subject property removed. The required
10-foot wide buffer was replaced with parking for approximately one dozen vehicles
on a parcel zoned residential. '
In February 2000, the CRT attempted to bring the site into compliance. Staff
rejected the submitted site p!an as it lacked more than 40 items. Staff rejected the
second submission due to its deficiencies and foilure to identify setbacks.
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Inspector Kurleman identified City Exhibit 6 a as photograph the CRT had
taken of the subject property in January 2000, and photographs he had taken in
August and December 2000, and January 2001, noting the office's rear parking
area is extended into the residential yards. Staff recommends replacement of the
entire south buffer to be 1 O-feet wide, include two shade trees, 27 shrubs, and an
automatic irrigation system, and be adjacent to the paved parldng lot, per the .
approved landscape plan submitted in May 1995, and replace missing/declining
. shrubs.in the west buffer. No' parking is permitted in approved landscape areas. A
fence may be required. . He indicated the property owner has not been cooperative.
Mr. Kurleman recommended the property comply within 1 5 days or' a fine of
$250/day be imposed.
Ms. Dougall-Sides submitted City. Exhibits 1 - 9, including a petition from
neighboring residents who oppose commercial encroachment on Rogers Street. The
City has not yet cited the property for a zoning violation.
One resident requested the City impose landscape requirements for the
subject property.
In response to a question, Mr. Kurleman said the rear property was
purchased approximately three years ago. Ms. Dougall-Sides stated the landscape
buffer Is required to shield residential properties from commercial uses. Concern
was expressed the property owner has taken no action to remedy the violation. It
. was felt.the business' parking imposes on the neighbor's quality of life.
Mcb0101
01/24/01
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the evidence, City Exhibits 1-9 (Ex.'1 - notice of violation; Ex. 2 - property
appraiser printout; Ex. 3 - code reference; Ex. 4 - affidavit of violation and request
for hearing; Ex. 5 - notice6f hearing; Ex. 6 - photos; Ex. 7 - petition from
. surrounding residents; Ex.' 8 -application for site plan approval; and Ex. 9 - site
plan/landscaping plan dated 1/12/94), it is evident the property is in violation of
Section(s) 3-1204 (Al, (8), (F), (I), & (L) of the Code in that a required landscape
buffer has been removed and cars are being parked on this area.
CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in
violation of Section(s) 3.1204 (AI, (8), (F), (I), & (L) 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 6f the Board that the Respondent is to correct the
aforesaid violation by February 17, 2001. The burden shall rest upon the
Respondent to request a reinspection by the Code Inspector to verify compliance
with this Order. '
< In the event 'the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected on or before February 1 7, 2001, 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
February 17, 2001.
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.
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 wiIJ 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.
1 c) Case 44-00 (Cont'd from 11/8 & 12/1 3/00)
B&K Property Management Inc. (B&K Plaza/Dominos Pizza)
. 2245 Nursery Road
(landscape) - Kurleman
Board Secretary Diana read the affidavit of violation and request for hearing,
Notice of Violation was issued on July 24; 2000, mailed certifi.ed, regular mail, and
posted on the property and at City Hall. Service of the notica of hearing was
obtained by c.artltlad mail.
Mcb0101
01/24/01
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In response to questions from Ms, Dougall-Sides, Mr. J<urleman said he had
inspected the subject property on July 24, 2000, after notice by a member of the
public. The property owner had failed to install required landscaping in conjunction
with remodeling the structure. Open holes in the asphalt and piles of dirt and debris
were on site. He visited the property today. The site is now in compliance, except.
curbs on Interior islands are missing. He recommended the property comply within
30 days or a fine of$50/day be imposed.
Ms. Dougall-Sides submitted City Exhibits 1 - 7. Mr. Kurlman identified
photographs of the property taken on January 22, 2001.
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David Wilson, representative, noted the citation did not address curbing. Ms.
Dougall-Sides said the requirement is listed on the landscape plan and cited. under
Sec. 3-1204(A). Mr. Wilson said installation may be delayed by County permitting
'issues. It was noted timbers could be installed, rather than curbs.
Member Huffman moved that concerning Case 44-00, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 24,
. 2001, an~ 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 Scott
Kurh3man and Representative David Wilson, 'Esquire, and viewing the evidence, City
Exhibits 1-7 (Ex. 1 - notic'e of violation; Ex,. 2 -property appraiser p'rintout; Ex. 3 -
code sections cited; Ex. 4 - affidavit of violation and request for hearing; Ex. 5 - ,
notice of hearing; Ex. 6 - composite photos; and Ex. 7 - revised landscape plan .
dated 11/1100), it is evident the property is in violation of Section Is) 3-1204 (A) of
the Code in that the required interior curbing has not been installed.
CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in
violation of Section(s) 3-1204 (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 30 days of issuance of a county permit for curbing and
that a status report on this case be given at the March 28, 2001 meeting. The
burden shall rest upon the Respondent to request a reinspection by the Code
Inspector to verify compliance with this Order.
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In the event the aforesaid violation is found, in subsequent proceedings by
, this Board, not to have been corrected on or before the specified compliance date,
. 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 the specified
. compliance date.
. If Respondent doe~ 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.
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Mcb0101
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Any aggrieved party may petition the Board to reconsider or rehear any Board
Order resulting from a public hearing. A petition for rehearing must be made in
writing and filed. with the Board Secretary no later than thirty days' after the
. exe~ution.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.
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The motion was duly seconded and carried unanimously.
1 d)
Case 01-01
David L. & Catherine F. Jones
1200 Melonwood Avenue
(building) ~ Coccia
Board Secretary Diana read the affidavit of violation and request for hearing.
Notice of Violation was issued on August 1, 2000, mailed certified, regular mail,
and posted on the property and at City Hall. Service of the notice of hearing was
obtained by certified mail,
In response to questions from Ms. Dougall-Sides, Building Construction
Inspector Benjamin Coccia said he had inspected the subject property on August 1,
, 2000, after an anonymous complaint to Building Inspector Bill Wright was passed on
to him. Staff was unable to access the property due to' a fence and a dog.
Although overgrown trees and shrubs further impeded inspection of the property, it
appeared some type of construction or demolition work, without permit, was
. .
underway. The violation continued upon reinspection of the property on August 17,
2000.
Ms. Dougall-Sides submitted City Exhibits 1 - 8. Mr. Coccia said Mr. Wright
had taken photographs on July '10, and August 18, 2000. He identified
photographs he had taken today. The landscaping has been cut back. He said
demolition work on the structure has continued. While the homeowner is permitted
to perform the work, a permit is required. He recommended the property comply
within 30 days or be fined $50/day.
David L. Jones, property owner, said the wall of the addition was falling
down due to dry rot and he removed piec'es of the room as they fell off. He said the
addition is not part of the original house. It was noted a portion of the addition's
roof remains. It was felt the attached structure is unsafe. Building Office Kevin
Garriott reported a permit is needed to remove any portion of structure. The City
needs to inspect the. work to make sure unsafe conditions do not remain.
Member Cole moved that concerning Case 01-01, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 24,
2001, 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 Mike Coccia
and Respondent David Jones, and viewing the evidence, City Exhibits 1-8 (Ex. 1 -
notice of violation and order to stop work; Ex. 2 - notice of violation and certified.
Mcb0101
5
..01/24/01
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. mail receipt; Ex.' 3 - affidavit of posting; 'Ex. 4 - property appraiser printout; Ex.' 5 '-
code sections cited; Ex. 6 -affidavit of violation request for hearing; Ex. 7 - notice
. of hearing; and Ex. 8 ~ composite photographs of conditions dated 7/10/00 and
8/16/00), it is evident the property is in violation of Ch. 47, Art, IV, Sec. 47.083 &
Art. V, Sec. 47.111 of the Code in that construction work was done without
permits and/or inspections. .
CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in
violation of Ch. 47, Art. IV, Sec. 47.083 & Art. V, Sec. 47.111 of the Code of the
City of Clearwater, Florida, in that the Respondent has faited to remedy the cited
violation Is).
. ORDER: It is the Order of the Board that the Respondent is to correct the
aforesaid violation by March 4, 2001. 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 4, 2001, 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 March 4, 2001.
:'.'
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 Pineltas
County I Florida, and once recorded shall constitute a lien against any' real or
personal property owned by the Respondent pursuant to Chapter 162 of the Florida
Statutes.
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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 consi~er whether or not to reconsider or rehear the case.
Th'e 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.
1 e)
Case 02-01
Juan & Mark J. Costa
612 S. Duncan Avenue
{building} - Coccia
'\
Board Secretary Diana read the affidavit of violation and request for hearing.
Notice of Violation was issued on July 17, 2000, mailed certified, regular mall, and
posted on the property and at City Hall. Service of the notice of hearing was.
obtained by certified mail.
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In response to questions from Ms. Dougall-Sides, Mr. Coccia said on July 17, .
2000, Bill Wright was training him In the neighborhood when Juan Costa requested
they come to his house regarding a flooding problem, In the back yard, they
Mcb0101
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01/24/01
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observed a room addition under construction without a permit. Staff issued a Stop
Work Order. He said the violation ,still exists.
. He identified City Exhibit 8 as, photographs taken of the subject property on
July 17, 2000, and January 12, and 24, 2001. He recommended the property
comply within 30 days or a fine of $50/day be imposed. Mr. Garriott stated to
obtain a permit, 'the property owner needs to obtain an engineer drawing of the floor
plan, electrical, and plumbing. .
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Ms. Dougall-Sides submitted City Exhibits 1 - 7.
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, Agnes Costa said the City has caused area drainage problems. She said
when it rainst her house floods. She said her family. cannot rent out the duplex's
apartment due to flooding problems. . The flooding has ruined their furniture and
kitchen cabinets. Mr. Costa said his attorney was to have written a letter to the
City regarding this issue. He said he has paid a deposit to receive the necessary
drawing. Ms. Dougall~Sides said the property owner has not taken legal action
against the City related to flooding issues.
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Mcb0101
7.
01/24/01
Member Caffentzis moved that concerning Case 02-01, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 24,
2001, 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 Mike Coccia
and Respondent Juan Costa and Mrs. Agnes Costa, and viewing the evidence, City
Exhibits 1~7 (Ex. 1 - notice of violation; Ex. 2 ':"" affidavit of service; Ex. 3 -
. property appraiser printout; Ex~ 4 - code sections cited; Ex. 5 - affidavit of violation
and request for hearing; Ex, 6 ~ notice of hearing; and Ex. 7 - compos'ite
photographs of conditions dated 7/17/00), it is evident the property is in violation of
eh. 47, Art. IV, Sec. 47,083(2) & Art. V, Sec. 47,111 of the Code in that a room
addition was constructed without permits and/or inspections.
CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in
violation of eh, 471 Art. IV, Sec. 47.08312) & 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 by March 19, 2001. The burden shall rest upon the Respondent
to requ'est a reinspection by the Code Inspector to verify compliance with this
Order.
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In the event the aforesaid violation is found, in subsequent proceedings by
this Board, not to have been corrected on or before March 19, 2001, 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 March 19, 2001.
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 Plnellas
County, Florida, and once recorded shall constitute a lien against any real or
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personal property owned by the Respondent pursuant to Chapter 162 of the Florida
. Statutes.
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 o,f 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 dulV seconded and carried unanimously.
1 f) . Case 03~O 1
William J. & Mary J. Kuhn
1 923 Flora' Road
(housing) - Wright
Board Secretary Diana read the affidavit of violation and request for hearing.
Notice of Violation was issued on August 4, 2000, mailed certified, regular mail,
and posted on the property and at City Hall. Service of the notice of hearing was
. obtainE!d by certified mail.
In response to questions from M's. Dougall-Sides, Building Construction
Inspector Bill Wright said he had inspected the subject property on June 2, 2000,
after notice by the tenant regarding cracks in the walls, He said a sinking problem
is causing concrete blocks from breaking away from the building. He filed a housing
report on June 9, 2000. The garage is sinking. Cracks in the inside shower are
causing water to drain improperly. Some interior doors no longer close. Mr. Wright
said no repairs have been made. He identified photographs taken on August 4,
2000 and January 23, 2001 showing large cracks, gaps, crumbling stucco, and a
~ beam separating from a wall. He expressed concern the condition of the house has
worsened and may not be. safe for human occupancy.
Ms, Dougall-Sides submitted City ExhibIts 1 - 8.
In response to a question, Mr. Wright said the tenant will have to vacate
once the City places the house on its unsafe list.
. William Kuhn, owner, said the property's problems are not his fault, He said
,the insurance company has determined the presence of a sinkhole and paid out the
face value of the policy. He said other area homes with sinkhole problems continue
'. to crack even after repairs are complete. He felt the house needed to stabilize
before any repairs are made; He has been in touch with a r.ealtor as he plans to sell
the house. He said his tenant has been told to vacate the property by February 1,
2001. Building Official Kevin Garriott said if the house Is not repaired, the City will
raze It and place a lien on the property for demolition costs. In response to a
question, Mr. Wright estimated the building will be unsafe within 90 days If nothing
is done. Discussion ensued rega~ding options and mitigating circumstances.
Mob0101
01/24/01
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Member Huffman moved that concerning Case 03-01, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on January 24,
2001, 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 William Kuhn, and viewing the evidence, City Exhibits 1-8
(Ex. 1 - housing inspector's report; Ex. 2 ~ housing code; Ex. 3 - property appraiser
printout; Ex. 4 - notice of violation; Ex. 5 - insurance letter dated 8/14/00; Ex. 6 -
affidavit of violation request for hearing; Ex. 7 - notice of hearing; and Ex. 8 .
composite photographs of conditions dated 1/23/01), it is evident the property is in
violation of Section(s) 302.1, 305.2, 305.12, 305,16, & 305.20, Standard Housing
Code, as adopted by Ch. 49 of the Code in the Respondent has failed to comply
with housing report dated, 6/9/00.
CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in
violation of Section(s) 302.1, 305.2, 305.12, 305.16, & 305.20, Standard Housing
Code, as adopted by Ch. 49 of the Code of the City of Clearwater, Florida, in that
the Respondent has failed to remedy the cited violation(sl.
McbO.101
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ORDER: It is the Order of the Board that th~ Respondent is to correct the
aforesaid violation by to having the structure unoccupied by March 4, 2001 and
be'ginning remediation of the' structure by May 3, 2001. It is further ordered that a
status report be given by Inspector Wright at the April 25, 2001 meeting. 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 the specified compliance dates,
the Respondent may be ordered to pay a fine in tho amount of two hundred and
no/100 dollars ($200.00) per day for each day the violation continues beyond the
. specified compliance dates which fine may be implemented by the Board at the April
25, 2001 meeting.
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.
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.
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The motion was duly seconded and carried unanimously.
The meeting recessed from 3:18to 3:30 p.m,
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Item #2 - Unfinished Business
2a), Case 28-00 - Affidavit of Compliance
KVB Carp. .
2275 Gulf to Bay Blvd.
(landscape) - Kurleman
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Member Tieman moved to accept the Affidavit of Compliance for Case 28-
00. The motion was duly seconded and carried Ulianlmqusly.
2b)
Case 40-00 - Rehear to determine status, of compliance
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Barry & Eugenia Taylor
2801 Edenwood Street
(fence) - Kurleman
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, Mr. Kurleman stated the board had requested this case be reviewed for.
compliance. He identified photographs of the subject property taken on November
'21 and December 20, 2000 and January 24,' 2001. Eugenia Taylor, owner, has
indicated they. are iJ:'l the process of removing the chain link fence in the front
setback.
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Member Tieman moved that the property owners of the subject property in
Case 40-00 remove the entire fence by February 15, 2001 or a fine of $100/day be
imposed until compliance is reached. The motion was duly seconded and carried
~nanimously.
Item #3 - Other Board Action/Discussion
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:3a) Request'to Address Board re fine at future meeting
Case 22-99
Sioutis, Anastasopoulos, Psaltis (Majesties Night Club)
470-484 Mandalay Avenue
(landscape) - Kurleman
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Mr. Kurleman said the property owner has requested a reduction to the'fine
on the' property. The tenant did not maintain the landscaping. Currently, the
property is occupied bya construction trailer related to a ~earby condominium
project. The building is empty.
Member Cole moved to hear a request regarding Case 22-99 on March 28,
2001. The motion was duly seconded and carried unanimously.
3b) Case 25~98 - Add~essing Soard re fine
Thomas L. George Jr.
. 417 N,'Washington Avenue
(bUilding) ~ Scott
,1;)
In .his October 20, 200'0 letter, Thomas George, Jr. reviewed problems he
had experienced when remodeling. his home and requested his fine be reduced.
"Mcb0101
10
01/24/01
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Building Construction Inspector Robert Scott did not oppose a reduction in the fine
but recommended City expenses be recouped.
Member Huffman moved to reduce the fine for Case 25~98 from $21,200 to
$1,500, payable by February 23, 2001. The motion was duly seconded and carried
una~imously.
Item #4 - New Business - None.
Item #5 -' Nuisance Abatement Lien FilinQs
Lotus Enterprises Ine
.1411. Gulf-to-Bay' Boulevard
Boulevard Heights, Blk C, Lots 2~4 and 23-24 .
1 2/13/00 action was to readdress at this meeting.
Withdrawn.
Brightwater Investn;1ent Establishment
, 155 Brlghtwater Drive
Bayside Sub, No.2, Lot 14
, James Brooks Jr.
1404 Taft Avenue
'Lincoln Place, Blk 2, Lot 6
Jennifer. Campbell
1461 South Betty Lane
. Brookhill Unit " Blk B, Lot 5
, '
'Clearwater Group Ltd.
1212 South Missouri Avenue B
Section 2'2-29-15, Metes & Bounds 21/01
Thomas Floyd
604 Seminole Street
E.P. Merritt's~ .Blk " Lots.4 and 5
less W62-1/2. MOL
Rodrigues ~cLeod .
, 506 Cedar Street
J.J. Eldridge, Blk C, W40' Lot 32
Michael Nelson
2955 Meadow Oak Drive North
Timber Ridge' of Countryside Unit 2, Lot 66
Norwest Mortgage Inc.
1025 Melonwood Avenue
" Woodvalley Unit 5, Blk 4, Lot 23
Mcb0101
1 1
COD20QO-04601
$296.06
COD200Q.05069
$407.00
COD2000.05344
$250.00
COD2000-05005
$250.00
COD2000-05183
. $250.00
COD2000-05006
$250.00
COD2000-04506
$250.00
COD2000705042
$372.40
COD2000-05243
. $250.00
01/24/0' .
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Gwendolyn Taplin,
703 Nicholson Street
Ira ~. Nicholson's Add, Blk 1, Lot 13
COD2000.04935
$250.00
.1
Ruth Wilson COD2000-05002
906 N'. Pennsylvania Avenue $250.00
Pine Crest, Blk 2, Lot 3 and E 1/2 vac. alley adj on W
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Jamie Wright '
2430 Moore Haven Drive West
Woodgate of Countryside Unit 1, Lot 6
COD2000-04972
, $250,00
Member Tieman moved'to accept'the nuisance abatement lien filings, with
. ',th'e exception ot..the Lotus Enterprises Inc. property at 1411 Gulf-ta-Bay Boulevard.
The motion was'duly seconded and carried unanimously. '
. ,
. ,ITEM #6 - Aooroval of the Minutes
Member Tieman moved to approve the minutes of the regular meeting of
. December 13, 2000, as submitted in written summation to each board member.
, The motion was duly seconded arid carried unanimously.. ,
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, ,ITEM #7 - Adjournment
The meeting adjourned at 3: 56' p.m.
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Chair '
Municipal Code Enforc~ment Board
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Attest:
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01/24/01
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