05/23/2001 (2)
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.)\llinicipal ,Cod~ Enf~rcement Board
Minutes
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~:'L ".', 'PUBLlC HEARINGS
;:;;. " . I A.Case 18-01 .
, ' At:'thony Wlchlenskl Enterprise Landscape & Tree
c/o P~trick J. PIBnthaber
3013 Geiger Court
(tree permit; tree spikes) - Kurleman
. ACTION: pontlnued to 6/27/01.
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.' ACTION AGEND.A
CITY OF CLEARWATER
MUNICIPAL CODe Ef'4FORCEMENT BOARD
fy1ay 23, 2001 - 3:00 p.m:
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B. Case 19-01
Anthony Wichlenski Enterprise Landscape & Tree
c/o Patrick J. Planthaber' .
, 3007 Geiger Court
(tree spikes) - Kurlernan .
ACTION: Contir)~ed to 6/27/01.
.C.. Case 20-01
Anthony Wlchlenski Enterprise Landscape & Tree
. c/o Patrick J. Planthaber .
. 2986 Farnham Way
(tree spikes) - Kurleman
ACTI9N: . Continued to 6/27/01.
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D: Case 21-01 , .
. Andrew A. Swee'ney
2359 Moore Haven Drive East
(building permit) - Doherty
ACTION:, Continued to 6/27/01.
E. Case 22-01
J'ohn S. Lynn c/o Jeralne C. Burt
1109 Tangerine Street
. . ,(Housing) - Rosa . .
ACTION: "Obtain permit by 6/.:2/01 or $ 150/day; 'Comply by 8/9/01 or, increase to $250/day.
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F. Case 23-01
John S. Lynn c/o Jeralne C. Burt
1.109 Tangerine Street
(landscape / dumping / outdoor storage) - Wilson.
"ACTION: Comply by 6/2/01 or $250/day.
G. . Case. 24-01
Jeralne C. Burt and Errol J~ Kidd
. 11 ~ 3 Tangerine Street
. (Housing) - Rosa
ACTION: Obtain permit by 6/2/01 $150/day; Corpply by 8/9/01 or increa~e to $250/day.
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. OS/23/01.
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>:.(:..:::', . H,' C~se 26-01 . '
J"' ' .' 'Jeralne C; Burt and Errol J. Kidd
1;P. . .... . ,1113' Tangerine Street
X;': '.'"-',, ,. (grass or ground cover / fen'ces & walls / outdoor storage) '- Wilson
';: '.': .,' ACTION: Obtain' permit by 6/2/01 or $150/day; Com'ply by 8/9/01 or in~rease .to $ 2 50lday.
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, 2. UNFINISHED BUSINESS
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. A... c::ase 35-9'8 - Affidavit of Compliance
Michael L. Holman
702 Phoenix Avenue
(building) "7'" Coccia
tt:;,', _.... ACTION:: ~c'cePted.. : .'
\,';I;"~:, ," , B. Case'03-01 - Affidavit of Compliance
1U" . William 'J. & Mary J. Kuhn
~I;;:' 1923 Flora Road
;t;." " ' (Housing Code) - Wright
~'!-:. :',:. 'ACTION: 'Accepted. ..
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',,' c.' Case 10-01 - Affidavit 'of Compliance
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,Vernon Pierce. TRE c/o Ronald J. Oppliger
. 1269 S. Highland Avenue
, (vehicl~.1 storage) - Doherty
,Accepted. '
:~: ':" "ACTION:
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D. Case 08-01 .' Affidavit of Compliance.
Herbert ~. Furey ~ Joan G. Graf
18675 US19N, Lot 337
,(BlJilding Code) - Coccia
Accepted. .'
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ACTION:
, 3. . OTHER BOARD ACTION/DISCUSSION - None.
" , 4. NEW BUSINESS - None. .'
5'. . NUISANCE ABATEMENT LIEN FILINGS - None
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'6~ 'APPROVAL OF MINUTES - 4/25/01 ~ Approved as submitted. '
. ",7, ,ADJOURNMENT -,5:15 p.m.
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. MUNICIPAL' CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
. Mav 23, 2001 .
. " Present:
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'i~tt;~'ji.~~:;'!:',',,/, :.~< ,'.:.
Lawrence Tieman
David Allbritton
Sheila Cole'
Franke Huffman
Joyce Martin
Peter Caffentzfs
Vice-Chair
Member
Member
Member
Member
Member
Absent:.
Helen Kerwin
. Chair
Also Present:
Leslie Dougall-Sides
Andy Salzman "
Susan Stephenson
Patricia 0: Sullivan
Assisuint City Attorne'y
Attorney for the Board'
Acting Secrotary' for the Board
'Board Reporter
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TtieVic~-Chair called the meeting to order at 3:00 p.m.. at City Hall.
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To provide' continuity for research, Items are In agenda order although not
. " necessarily discussed In that order.
The Vice-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 Statute 286.0105 requires any party appealing a decision of , this Board to
have a record of the proceedings.
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ITEM #1 -' Public Hearinas
1 A) Case 18-01
. Anthony Wichienski Enterprise Landscape & Tree
, c/o Patrick J. Planthaber .
301 3 Geiger Court
It~ee.permlt; tree spikesl - Kurlenian
AND' .
, B)
Case 19-01
Anthony Wichlenskl Enterprise Landscape & Tree
c/o Patrick J. Planthaber
3007 Geiger Court
(tree spikes) .- Kurleman
AND
mcb050 1
OS/23/01
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Calo 20.01
Anthony Wlchlonskl Enterprise Landscape & Tree
0/0 Patrick J. Planthabar
2986 Farnhom Way
(tree spikes) .:.. Kurlernan
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Mlchool Mlso, rapres'ontative, requested Cases 18-01, 19-01, and 20-01 be
contlnuod. Ho Bold ho has not had sufficient time to review the City's allegations
and discuss thorn with stoff. Assistant City Attorney Leslie Dougall-Sides said the
. notices of hoarlng hod boen properly served.' Staff opposed the request to continue'.
She'sold Anthony Wlchlenskl Enterprise Landscape & Tree has caused irreversible
damage to tro08. Staff has a history with this firm related to the same Issue.
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Mombor Coffentzls moved to continue Cases 18-01, 19-01, and 20w01 to
Juno 27, 2001. Tho motion was duly seconded.
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In rosponse to a quesdon, Ms. Dougall-Sides said the City has charged the
firm with removing trees without permits and causing irreparable damage to trees by
using shoe spikes. It was felt the board should respect staff's concerns. .
, Upon the vote being taken, Members Caffentzis, Cole, and Huffman voted
','Ayo": Members Allbritton, Martin, and Vice~Chair Tieman voted "Nay." Motion
fallod.
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Land Resource Specialist Scott Kurleman said the City has been in contact.
with tho firm since 1 996 regarding illegal tree removal. The City had not cited the
firm provlously. Attorney for the Board Andy S~lzman said these violations are not
'health or safoty related. Mr. Misa indicated he had contacted staff last week to
review relatod paperwork.
"
Mambar Huffman moved to continue Cases 18w01, '19-01, and 20~01 to
June 27, 2001. The motion was duly seconded. Members Caffentzis, Cole,
Huffman, and Vice-Chair Tieman voted "Aye"; Members Allbritton and Martin voted
"Nay.'" Motion carried.
1 D) Case 21-01
'Andrew A. Sweeney
2359 'Moore Haven Drive, East
(building permit) ':"" Doherty
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OS/23/01
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1 E). 'Case 22.01
John S. Lynn cIa Jarolno C, Burt
1109 Tangerlno Stroot
IHouslng) - ROBD
Acting So'orotory for tho Boord Susan Stephenson read the Affidavit of
Violation & Request for Honrlng. Service of the Notice of Hearing was served'
. personally on May 14, 2001,
Whun .askod If sho acknowledged the violations, Ms. Burt stated she did not.
Devolopmont Services Director Jeff Kronschnabl said the subject properties
at 1109 nnd 1113 Tangerfno Street have a long~standlng history of health and .
safety vlolDtlons and require Immediate attention. He.reviewed dangerous
conditions onslte. Since January 1999, the Police Department has received more
than 400 colla on tho properties and responded more than 71 times for ille'gal drug
nctlvltles, As of Fobruary 4; 2001, the properties have been cited more than 50
times for code violations. The Fire Department has'responded to 44 calls. Mr.
Kronschnobl sold high staff expenses to respond to onsite problems burden City
taxpayers. Tho violations create health and safety concerns for nearby residents.
In rasponse to questions from Assistant City Attorney Dougall-Sides. Building
. Construction 'Inspector Rick Rosa said the 1109 Tangerine Street property features
. two structures, The front structure is considered commercial while the.south
struct'ure has a non-conforming housing use whereby individual rooms are rented.
Mr. R098 statod on his Initial December 20, 2000 inspection, he had cited 1109
Tangerine Street for 10 violations, such as exposed electrical wiring and a lack of
hoat, On December 26, 2000, he Issued a housing report, which required the
owner to obtain permits within 10 days, and mailed it certified. No permit.
applications wore submitted. After his March 8, 2001 reinspection, he issued a
Notice of Violation on March 9, 2001, which he mailed certified and served
personally,
As of March 26, 2001, the property remained out of compliance. Mr. Rosa
said he has had' no contact with the property owner since he issued an Affidavit of
Violation on March 30, 2001. Before then, he said Ms. Burt had indicated she
would make repairs. While the toilet has been repaired, a proper permit for the
repair was not obtained. Building Construction Inspector Bill Wright identified City
Exhibit 9 as photographs 11e had taken of the property on February 12, March 8, and
March 26, 2001. A hot water heater,lacks a discharge valve safety switch. a three-
Inch gap separates the bathtub from the wall, kitchen floor tile is missing, the'
bathroom vanity cabinet Is crumbling, and an electrical cord plugged into the wall
outsIde a unit runs' under its door; The bathroom floor is not impervious to water.
Building Offlclol Kevin Garriott reported on April 11, 200,1, the Board of Adjustment,
and Appeal on Building/Flood Control reviewed the Unsafe status of the property's
other structure, and approved August 9, 2001 as the deadline for the building to
meet Code or the City will begin demolition procedures. Mr. Rosa recommended 10
days for the owner to pull necessary permits and until August 9, 2001 to complete
repairs or a $250 per day fine be imposed,
. mcb060 1
OS/23/01
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Ms. Dougall-Sides submitted City Exhibits 1 '- 9 and displayed photographs of
the site. '
It was questioned if the recommended time limit is sufficient for the property
owner. Mr. Garriott s'aid the City's original citation was issued several months ago.
He said the property owner was aware of the violations at the time of the City's
December and January inspections. He said the owner has been advised that State
law requires a ~ontractor be hirl3:d to resolve the violations. The owner is in
dis'cussions to sell this and other properties. Code violations will remain with the
properties. . Ms. Dougall-Sides said as the structure is tenant occupied, health and
safety is~ues are of concern.
Inspectors Wright and Wilson explained the photographs related to Cases 22-
01 and 23-01 which involve the property at 1109 Tangerine.
Property owner Jeralne Burt sald for six years, she has tried to run the'
property as a homeless shelter. ' The Police Department recently caused $3,600
,damage when issuing a search warrant. She said Police Officers often kick in doors,
which are difficult to replace and as soon as an item is repaired, it is broken again.
She said she has repaired every problem.' She will not plant grass as it will not
grow. She said she had removed heaters as she could not afford their operation
when tenants left windows open. The problems related to the vacant lot next door,
at 11,11 Tangerine Street have nothing to do with 1109 Tangerine Street. The
water bills are high due to homeless people using her bathrooms. She said she has
replaced tiles at least'twice a year. She has invested money to fix up 11 09
Tangerine Street, which she has owned for 22 years. She said the Fire Department
had recommended the small water heater, which was installed by an electrician.
In response to a question, Ms. Burt said her son and brother live at the
subject property. She has accepted an offer from Clearwater Neighborhood Housing
Services to sell the property and submitted a copy of the related letter. She works
constantly on repairing the property and has spent a great deal of money on ber
efforts. She said she has never made money but has helped many people. It was
noted landlords are responsibl.e for picking good tenants and maintaining their
properties in a clean, habitable ,condition. The block building is sound. A nearby bar
is the s~urce of rT~any police ,?alls and neighborhood problems
In response to a question, Ms. Burt said most of the photographs were not
taken today and do not represent current conditions. Mr. Kronschnabl said the
, property has a 21 "year history of violations. The owner is responsible for
maintaining a driveway and parking lot; screening rooms, and obeying all
regulations. Ms. Burt said most of the damage has been caused by the Police
Department and people off the street. It was stated landlords are responsible for
damage caused by visitors. M~. Burt said she uses bunk bed frames as gates to
. dlscol!rage trespassers.
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mcb050 1
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OS/23/01
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In response to a q'uestlon, Mr, Wilson said he had taken' the presented
. photographs today and in February. It was stated conditions illustrated by the
photographs are troubling. In response to a question, Ms. Burt said she already has
discussed repairs with a contractor, She said she Is applying for grants to care for
the homeless but must first obtain non-profit status. In response to a question, Mr.
. Salzman said a lien would be attached to the property once the City files the lien.
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. Member Allbritton moved that the Municipal Code Enforcement Board has
heard testimony at its regular meeting held on May 23, 2001, and based on the
evidence issued its Findings of Fact, Conclusions of Law, and Order as follows:
FINDINGS OF FACT
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After hearing testimony of Development Services Director Jeff r<ronschnabl,
Code I,nspector Rick Rosa and Jeralne Burt, the R~spondent, and viewing the
evidence, City Exhibits 1-9 lEx. 1 - Housing Inspector's Report dated 12/26/00; Ex.
2 - notice of violationi Ex. 3 - affidavit of service; Ex. 4 - applicable code sections;
Ex.5 - conditions associated with case; Ex: 6 - affidavit of violation and request
for hearing; Ex. 7 - notice of hearing; Ex. 8 - affidavit of service for notice of
hearing; and Ex. 9 ~ composite photographs dated 2/12/01, 3/8/01, and 3/26/01)
and Respondent's Exhibit (Ex. 1 - letter from CNHS dated 5/21/01), it is evident the
property is in violation' of Chapter 47 and 49 of the Code of Ordinances and Section.
3-1502.A of the Community Development Code.
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. CONCLUSIONS OF LAW
'The Respondent by reason of the foregoing is in violation of Chapter 47 and
, 49 of the Code of Ordinances and Section 3-1502.A of the Community
DevelopmentCode of the City of Clearwater, Florida, in that the Respondent has
failed to remedy the cited violation(s), specifically, failure to comply with conditions
set forth in housing report dated December 26, 2000.
ORDER
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It is the Order of the Board that the Respondent is to obtain the necessary
permits by June 2, 2001 and complete all work by August 9, 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 necessary permits ar'e not obtained by June 2, 2001,
Respondent will be ordered to pay a fine in the amount of one hundred fifty and'
, no/1 00 dollars ($1 50.00) per day until such permit is obtained. In the event, work
is not completed by Au'gust 9, 2001, the fine will increase, to two hundred fifty and
no/100 dollars ($250.00) per day for each day the vlolatronls) continues beyond
August 9, 2001.
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~ If, Respondent .does not comply within the time specified, a certified copy of
'" 1>:1 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.
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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 consider whother or not to reconside'r 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 du!y seconded and carried unanimously.
1 F) Case 23-01 '
John S. Lynn cIa Jeralne C. Burt
1109 Tangerine Street,
(landscape I dumping / outdoor storage) - Wilson
Acting Secretary for the Board Ms. Stephenson read the Affidavit of
Violatiof'l & Request for Hearing. Service of the Notice of Hearing w~s personally ,
served on May 14, 2001.
. ' In response to questions from Assistant City Attorney Dougall-Sides, Code
Enforcement Inspector Charles Wilson said the property had come to his attention
during his routine daily activities. On his initial inspection on February 15, 2001, he
noticed the property lacked landscaping and was used to store a bathtub, barbecue
grill, workout bench, pipes, wood,' trash, bottles, and debris. He issued a Notice of
, Violation on February 16, 2001, which he mailed certified, posted on the property,
and hand delivered. Upon his reinspection on ty1arch 17, 2001, he ob~erved the
bathtub, referred to as a planter, had been relocated on the property. Other than
the workout bench having been moved to another property, the site remained
,unchanged. He said' Ms. Burt had indicated the problem would be addressed.
Mr. Wilson visited the property today, and stated the violations remain. The
yard has no ground cover and items are stored illegally in the yard. He identified
City Exhibit 8 as photographs he had taken of the property on February 15, March
17, and May 23, 2001. He said the photographs, illustrate the lack of ground cover
and landscaping, no parking, outdoor storage of items to include many pieces of
indoor furniture, some broken, bed frames precariously used as fences, a dead cat,
iron pieces, stacked wood, stereo pieces, and a bathtub, with some grass under
many empty bottles. Also illustrated wern wires hanging from an uncovered light
fixtu'rs, a hot water heater inadequatelv sized for dish washing, a boarded window
panel in an exterior door, a panel box with open sockets where a breaker switch had
been removed, and trash and debris below the electrical panel and on the building's
west side. Mr. Wilson said children play hi the area.
mcb050 1
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Ms. Dougall~Sides recommended a two.tier fine. She recommended the
" debris be removed and proper permits for fencing be obtained within 10 days, or a
$150 'per day fine be imposed, and that the property comply with Code landscaping
requirements by August 9. 2001, or a $250 per day fine be Imposed. Mr.
Kronschnabl, said videos of past violation 'at the prope~ty are available for viewing.
'I
Ms. Dougall-Sides submitted City Exhibits 1 - 8 and displayed photographs of
'the site.
Property owner Jeralne Burt's comments and related discussions are reported
under Case 22-01, on p~ge 4.
, '
, Member Allbritton moved that the Municipal Code Enforcement Board has
heard testimony at its regular meeting held on May 23, 2001, and based on the
evidence issued its Findings of Fact, Conclusions of Law, and Order as follows:
FINDINGS OF FACT
A fter hearing testimony of Code Inspectors Eric Wilson, William Wright and
, Rick Rosa, Building Official ,Kevin Garriott, and Jeralne Burt, the Respondent, and
viewing the evidence, City Exhibits 1-8 (Ex. 1 - notice of violation; Ex. 2 -:- affidavit
of posting; Ex. ,3 - applicable Code sections; EX.,4 - printout of Property ,Appraiser ,
Real Estate Owner file; Ex. 5 - affidavit of violation and request for hearing; Ex. 6 -
notice of hearing; Ex. 7 - affidavit of service; and Ex. 8 - composite photographs)
and Respondent's Exhibt (Ex. ,1 - letter from CNHS dated 5/21/01), it is evident the
property is in'violation of Section(s) 3.1502.H.1, .2, .3, .4 & .5 and 3-1502.G of
the Code.
CONCLUSIONS OF LAW
, The Respondent by reason of the foregoing is in violation of Section(s) 3-
1502.H.,', .2, .3, .4 & .5 and 3-1502.G of the Code of the City of Clearwater"
Florida, in that the Respondent has failed to remedy the cited violations regarding
outdoor storage, landscaping requirements and clearing property of garbage, trash,
etc.
ORDER
It is the Order of the Board that the Respondent is to comply by June, 2,
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 violations are found, in subsequent proceedings by this
Board, not to have been corrected by June 2, 200', 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 t~e violati~,ns continue beyond June 2, 2001. '
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OS/23/01
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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 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'.
1 G) Case 24-01
Jeralne C. Burt and Errol J. Kidd
1113 Tangerine Street
(Housing) - Rosa
Acting Secretary for the Board Ms. Stephenson read the Affidavit of
Violation & Request for Hearing. Service of the Notice of Hearing was personally
served on May 14, 2001. Notice of Hearing also was obtained by certified mail.
In response to a question, property owner Jeralne C. Burt said Errol J. Kidd is
her husband.
In response to questions from Ms. Dougall-Sides, Mr. Rosa said he first
inspected the triplex at 1113 Tangerine Street on January 16, 2001, noting the
structure's rooms are rented individually. He cited the structure that day for 20
sections of multiple Code violations, including seven major violations such as a lack
of heat and smoke detectors, problems related to the property's electrical wiring,
exte'rior sewage line, soft spots on the second story floor, and deteriorated struts.
He issued a Notification of Violation on May 2, 2001. The return receipt was
received. He reinspected the property on May 11, 2001, and issued an Affidavit of
. Violation and Request for Hearing on May 12, 2001. He contacted the owners,
who indicated some repairs had been made. He said contractors had not supervised
the'repairs as required. He said none of the necessary permits has been pulled.
Mr. Rosa visited the property today, and stated violations remain, in spite of
owner attempts to make repairs. Mr. Wright identified City Exhibit 10 as
photographs he had taken of the property. He said the photograp~s illustrate
bathroom pipes protruding from walls without fixtures or shut off valves, growth of
mold and mildew in the tub, and duct tape covering a light switch by an exterior
door, a life safety hazard.
Mr. Rosa recommended 10 days for the owner to pull necessary permits and
until August' 9, 2001 to complete repairs or a $250 per day fine be imposed.
mcb050 1 '
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OS/23/01
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.~ . Ms. Dougall-Sides submitted City Exhibits 1 - 10 and displayed photographs
of the site; .
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In response to a question, Mr. Rosa said each door in the structure has a
hasp lock on the outside. Four r.ooms are upstairs; five are downstairs.
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Ms. Burt said the fence had been installed professionally but It has needed
many repairs. She did not think she should need a contractor to fix the hot water
heater. AfI'outside faucets were removed because people were washing ca'rs. The
sewer pipe does riot leak and does not need to be replaced. She said the smoke
alarms work 'but the tenants turn them off when COOking. In response to a
question, she said she is not always paid the rent she charges ten'ants and is owed
hundreds of dollars. '
. Concern was expressed regarding 'the condition of the property and It was
felt ~he problems need to, be resolved in the shortest time possible.
, ,
Discussion ensued regarding recommended flnes. In response to a question,
Ms. Dougall-Sides said it may take time to comply with the Code requirement for
complete ground cover.
Member Caffentzis moved that the Municipal Code Enforcement Board has
heard testimony at its regular meeting held on May 23, 2001, and based on the
evidence issued its Findings of Fact, Conclusions of Law, and Order as follows:
FINDINGS OF FACT
Afterhearing testimony of Code Inspectors Rick Rosa, ,Eric Wilson, and
William Wright and Jeralne Burt, the Respondent, and viewing the evidence, City
Exhibits 1-10 lEx. 1 - Housing Inspector's Report dated 2/16/01; Ex. 2 - notice of
, violation: Ex. 3 - affidavit of posting; Ex. 4 - applicable code sections; Ex. 5 -
printout of Property Appraiser Real Estate Owner file; Ex. 6 - information summary;
Ex. 7 - affidavit of violation and request for hearing: Ex. 8 M notice of hearing: Ex. 9
- affida,vit of service; and Ex. 10 - composite photographs dated 3/26/01),. it is
evident the property is in violation of Section 47, Standard Housing Code, as
adopted by Section 49.01 and Section 3-1502.A of the Code.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Section 47, . ,
Standard Housing Code, as adopted by Section 49.01 and Section 3-1 502.A' of the
Code of the City of Clearwater,' Florida, in that the Respondent has failed to remedy
the cited violation{s), specifically, failure to comply with conditions set forth in,
housing report, dated February 16, 2001.
mcb060 1
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ORDER
It Is the Order of the Board that the Respondent is to obtain the necessary,
permits by June 2, 2001 and complete all work by August 9, 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 necessary permits are not obtained by June 2, . 2001 ,
F:tespondent will be ordered to pay a fine in the amount of one hundred fifty and
. nol1 00 dollars f $150.00) per day until such permit is obtained ~ In the event, all
work is not completed by August 9,:2001, the fine will increase,to two hundred
fifty and no/100 dollars I $250.00} per day for each day the violationls} continues
beyond August 9, 2001.
'f 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.
The motion was dUly seconded and carried unanimously.
1 H) Case 25-01
Jaralne C. Burt and Errol J. Kidd
1113 Tangerine Street
(grass or ground cover I fences & walls I outdoor storage) - Wilson
Acting Secretary for the Board Ms. Stephenson read the Affidavit of
Violation & Request for Hearing: Service of the Notice of Hearing was personally
served on May 14, 2001.
, In response to questions from Ms. Dougall-Sides, Mr. Wilson said the
property had come to his a'ttention by anonymous compfaint. He initially inspected
the property on February 15, 2001. . He said most of the property has no ground .
cover but features the outdoor storage of poles, mop heads, buckets, workout
equipment, bicycle parts, an indoor couch, two dead birds, and an improperly
Installed fence with large holes and a jagged top. He issued a Notice of Violation on
May 2, 2001, and reinspected the property on May 12, 2001. This morning, Mr.
.Wllson witnessed additional violations, including rolls of fencing, trash, holes in
windows, as well a's some of the previous debris and hazards related to the fence.
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He. recommended the debris and hazards be removed and proper permits for fencing
be ~btalned within 10, days, or a $1 50 per day fine be imposed, and that the
property comply with Code landscaping requirements by August 9, 2001, or a $250
per day fin(! be imposed. .
Ms. Dougall~Sides submitted City Exhibits 1 - 9 and displayed photographs of
the site." .
Mr. Wilson identified photographs he had taken of the subject property. He
said the photographs illustrate the lack of grass, a smashed vent pipe which could
cause a fire, a leaking sewer pipe, a toaster on top of the hot water tank which has
protruding wires; and safety rails. on the upstairs unit balcony wired together.
Separations between balusters are as wide as 12 inches, a safety hazard, and some
balusters are broken or missing. Due to past leaks, the area under the sink is .
deteriorated, smoke detectors do not work, and the open panel boxes on the second
floor need repair. The plaster walls next to the bathtub are not impervious to water. .
Paint over tar on sawer pipe did not repair the leak. Mr. Wilson said plumbing
problems have caused backups into sinks. Missing screens are needed to keep
vermin out of the attic. The fence is improperly constructed. Other photographs
illustrated onsite debris and a bad smelling mass next to the building. All of the units
are inhabited.
Property owner Jeralne Burt's comments and related discussions are reported
. under Case 24-01, on page 9.
Member Caffentzis ,moved that the MuniciparCode Enforcement Board has
heard testimony at its regular meeting held on May 23, 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 Inspectors Rick Rosa, Eric Wilson, and
William Wright and Jeralne Burt, the Respondent, and viewing the evidence, City
Exhibits 1~9 (Ex. 1 - notice of violation; Ex. 2 - affidavit of posting; Ex. 3 -
applicable code sections; Ex. 4 - information summary; Ex. 5 - printout of Property
'. Appraiser Real Estate Owner file; Ex. 6 - affidavit of violation and request for
hearin'g; Ex. 7 - notice of hearing; Ex. 8 ~ affidavit of posting; and Ex. 9 - composite
photographs dated 2/15/01 and 3/17/01), it is evident the property is in violation of
Sectlon(s) 3-1502.H.2, .3-80B, & 3-1502.G of the Code.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sectionlsl 3~
1602,H.2, 3-808, & 3~1502.G of the Code of the City of Clearwater, Florida, in
that the Respondent has failed to remedy the cited violatlon(s) regarding property
malnten'ance standards. '
mcb060 1
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ORDER
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. It is the Order of the Board that the Respondent is to obtain the necessary
,permits and clear the prop~rty by June 2, 2001 t and to address the remaining
violations by August 9, 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 necessary permits are not obtained by June 2, 2001,
Respondent ~i1I be ordered to pay a fine in the amount of one hundred fifty and
, 'n9/1 00 dollars ($150;00) per day until such permit is obtained. In the event; the
remaining violations are not corrected on or before August 9, 2001, the fine will.
. increase to two hundred fifty and no/100 dollars ($250.00) per day for each day the
violations continue beyond August 9, 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 prpperty 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
Qrder resulting from a pUblic hearing. A petition for rehearing must be r:nade 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.
, ,
ITEM #2, - Unfinished Business
. 2A) Case 35-98 - Affidav.lt of Compliance '.
Michael L. Holman
702 Phoenix Avenue
(building) - Coccia
AND
" 2B) Case 03-01 - ~ffldavlt of Compliance .
William J. & Mary J. Kuhn,
1923 Flora Road
(Housing Code) -Wright
ANQ
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mcb050 1
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, 2C) Case 10-01 - Affidavit of Compliance
, Vernon Pierce, TRE c/o Ronald J. Oppliger
1269 S. Highland Avenue '
. ('vehicie / 'sto.rage) - Doherty
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AND
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20). Case 08-01 - Affidavit of Compliance
Herbert J. Furey & Joan G. Graf
18675 US19N, Lot 337
(Building Code) - Coccia
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Member, Caffentzis moved to accept the Affidavits of Complian'ce for Cases
, '35-98,03-01', 10-01, and 08-01. The motion was duly seconded and carried
,unani,mously.
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Item # 3' -:Other Board Action/Discussion - 'None.
Item '# 4 - New Business - None.
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Item #5 - Nuisance' Abatement Lien FilinQs - None~
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,'Item #6 - Aoproval of Minutes
, Member Martin moved to approve the minutes of the regul~r meeting of April
25, 2001 f as submitted in written summation to' each board member: The motion
was duly seconded and carried unanimously. ,
;ltem #7 - Adjournment '
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The meeting adjourned at 5: 15 p.m. '
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Chair
Municipal Code' Enfo cement Board'
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