08/22/2001 (2)
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<:): PUBLIC HEARINGS
ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
August 22, 200.1 - 3:00 p.m.
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A. Case 06-01 - (Cont. from 2/28/01)
Pablo Sanz
2403 Flint Lock Drive
(Public Nuisance) ~ Phillips,
Withdrawn.
ACTION:
8. title moved to lIunfinished buslnessll section of agenda
C. Case 26.01 (Ct?nt. from 7/25/01)
Irfari & Advije Ismaili
620 S'. Betty la'ne '
(stairs & railings) - Wright ,
Comply by 10/15/01 or, $1 aD/day. .
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, ACTION:
D. "Case 27-01 (Cant. from 7/25/01)
Irfan & Advije Ism,aili '
, 622 S. Betty Lane ,
(stairs' & railings) - Wright
ACTION': Comply by 10/1 5/01 or $1 OO/d,ay.
, E.
Case 33-01 '
Mel.vin Spinoza,
1632 Drew Street ,
lcarport to dwelling & septic w/o permit/inspection) - Coccia
Comply by 9/10101 or $250/day. '
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ACTION: '
F. Case 34-01
Valerie Hofmeister & Merle Blasjo
1 265 lakeview Road.
(lot clearing' & outdoor storage) - Doherty' .
ACTION: Complyby,9/10/01 or $100/day.
G. Case 35~01
Lloyd & Kim lehan '
909 Bruce Avenue
, (fence) ,- Phillips
ACTION: Comply by ~)j3'O/01 or $100/day.
2~ UNFINISHED BUSINESS
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ACTION:'
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CaSB 42-00 ,(Cant. from 7/25/01)
William; .Michael & Assoc Inc (Philip J. Matonte, RA)
307 leeward Island" ,
lbuildlng) - Chapllnsky
Dismissed,. Was for discussion only 1 Discussed.
,'.,.".., '. ' 08/22/01 '
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A. Case 01 ~97 ~ Affidavit of Compliance
, Duane' & Marian' Jung ,
2140 Calumet Street
(fire ,code) ~ Colbert .
Accepted.,
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B.
ACTION:
.
Case 09-01 - Affidavit of Compliance
Robert & Amy McGregor
2477 Chaucer Street
(traffic related to home occupat,ioni trallor, in setback) - Doherty
Accepted. ,
C. Case 13-01 ~ Affidavit of Non-Compliance
Conn,. McKnight
508 S. Greenwood Avenue'
, ,(Building Code) - Coccia
ACTION: Accepted; issued order imposing fine.
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D. Case 22-01 - Affidavit of Non~Compliance re Part II of Order
John S. Lynn c/o Jeralne C. Burt
'1 109 Tangerine Street
(Housing) - Rosa ,
Accepted; issued o'rder imposing, fine.
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E. Case 24-01 - Affidavit of Non-Compliance re Part II of Order
Jeralne C. Burt and Errol J. Kidd
,1113 Tangerine Street
(Housing) - Rosa
;,... .' ~CTION:' Accepted; issued order imposing fine.
3. OTHER BOARD ACTION/DISCUSSION
, ,A. ,Case 19~96 - Addressing Board re fine
, Larry Bunting ..' '
804 & 804 Ya Pennsylvania Avenue
, *now owned by CNHS
'ACTION: Reduced to $1,180.
4. NEW BUSINESS ~ None.
5. NUISANCE'ABAJ'EMENT LIEN FILINGS -'APPROVED.
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Robert Hall
1844.0verbrook Avenue
Sunset PoInt 1 st Ad,dition, Blk 0, lot 8 '
V. Kenhedy, ,
21.657 U.S. Highway 19 North
,Section 08-29-16, M&B 33/06
Edward Lewis '
800 North Pennsylvania Avenue
Pine Crest, Blk 5, Lot 6
COD2001-02481
$ 254'.60
COD2001-01237
$ 250.00
COD2001-01283
$ 418.00
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Pinellas Habl~at Humanity
917, Seminole Street "
, Pine Crest, Blk' 8, W50' of E9T Lot 1
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COD200 1-0 1284
, $ 260.'00
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Helene 'Mercier
, 3201, Drew'Street
.'. 'Section 16-'29-16"M&B 12/02
COD2001.03429
$ 576.99
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Manuel Kastrenakes Tre
"Evangeline Kastrenakes'
19206 U.S. Highway 19 North
Section 19-29-16, M&B 14/06
COD2001 ~03535
$250.00
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Vincent Piccolo:
, c/o Catherine Natale POA
1468 South Prescott Avenue ,
c, SaW~ 1st :Addition, Bk C, Lo~ 14
COD2001-0096,1
$ 250.00
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,6.,,'APPROVAL OF MI~UTES - 7/25/0~ - Approved as submitted.
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
, August 22, 2001
Present: '
Helen Kerwin
lawrence Tieman
Sheila Cole
Franke Huffman
Joyce Martin
Peter Caffentzis
Chair
Vice~Chair
Member
Member
Member
Member - departed at 4:36 p;m.
Absent:
David Allbritton
Member
Also Present:
Leslie Dougall-Sides
Andy Salzman
Sue Diana
Patricia O. Sullivan
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
The Chair called the meeting to order at 3:00 p.m. at City Hall.
To provide continuity for research. items are in agonda 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 Statute 286.0105 requires any party appealing a decisio'n of this Board to
have a record of the proceedings.
,ITEM # 1 ~ Public HearinQs
1 A) Case 06.01 ~ (Cont'd from 02/28/01)
Pablo Sanz
2403 Flint lock Drive
(Public Nuisance) - Phillips
Per Sec. 7~102(C) of the Community Development Code, as the violation
was corre'cted prior to Febru~ry 28, 2001, the item was continued automatically to
this meeting. As no recurrence of, the violation has occurred, the item is withdrawn.
1 B) Case 42~00 . See Item #2 - Unfinished Business - Page 10.
1 C) Csse 26~01 - (Cont/d from 07/25/011
Irfan & Advlje Ismaill
'620 S. Betty lane ,
(Stairs and Railings) - Wright
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Board Secretary Sue Diana read the Affidavit of Violation & Request for
Hearing.' Service on the notice of hearing was obtained by certif!ed mail.
, mcb080 1
1
08/22/01
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In response to questions from Assistant City Attorney leslie Dougall~Sides,
Building Construction' Inspector Bill Wright said he initially inspected 620 S. Betty
lane on November 29, 2000 following a complaint. He observed the stairs were
deteriorated, the support beam appeared to be sinking into the ground, and the stair
structure was pulling away from the second story walkways. The second floor
balcony railing was loose and rusted. He said the structure was unsafe but he did
not think life safety was an issue. Nothin'g had been done when he reinspected the
property 20 days later. .
Mr. Wright said he initially inspected 622 S. Betty lane on January 19, 2001
following a complaint and found similar problems. The stairs were cracking and
separating. He issued a Notice of Violation on February 28, 2001 for 620, S. Betty
lane and a Notice of Violation on April 5, 2001 for 622 S, Betty lane. He has been
in constant contact with the owner and his represent!ltives.
Mr. Wright visited the properties this morning and stated new stair structures
, have been installed. The owner sunk pilings 30 feet for the stairs. However, the
, properties,remain in violation because the sidewalks between the parking lot and
stairways have not been replaced and construction debris has not been removed.
Permits for the stairs and rails were issued 60 days ago. Residents must walk
through dirt and mud unless they use the buildings' rear stairs.' He said the owner's
attorney has indicated a settlement problem may exist and the insurance company
, has been notified. Broken footers and four to six-inch gaps between the footers and
underlying ground were not visible before the sidewalks wore removed for this
project. He said both buildings appear to be in good condition although he had
observed a minor stress crack at 622 S. Betty Lane. In response to a question, he
said occupancy, is permitted as long as the owner is working on repairs to the
sidewalk.
Mr. Wright identified photographs he had taken of 620 S. Betty Lane on
November 29, 2000 and today and photographs he had taken qf 622 S. Betty Lane
on January 19, 2001 and today. The photographs are an accurate representation of
current conditions. He recommended 30 days to comply or a$1 50 per day per
building fine be imposed.
Ms. Dougall-Sides submitted City Exhibits 1 -8 for 620 S. Betty Lane and
City Exhibits 1 - 8 for 622 S. Betty lane and displayed photographs of the sites.
Jafar Rubail, representative, said Irfan Ismai1l, the owner, had submitted a
claim to his insurance company in December 2000 and hired a registered engineer,
who is a sinkhole expert. He said the cause of the stairways' sinking under
investigation. He said the engineer-designed stairways cost $29,000 due to the
need to sink pilings. The owner now is working with his insurance company
regarding gaps under the structures visible now that the sidewalks have been
removed. He said the dirt piles will be removed by Monday. He requested a 60-day
0' extension to install the sidewalks. He said the owner did not want to have to
remove .freshly laid sidewalks for the Insurance company to survey the problem. ,
mcboa01
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08/22/01
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Discussion ensued regarding interim solutions and related c9sts. Concern
was expressed problems have existed since November. In response to a question,
Mr. Ismaili es~imated less than 100 feet of sidewalk needs to be laid. Concern was
expressed regarding liability issues.
Member Tieman' moved that the Municipal Code Enforcement Board has
heard testimony at its regular meeting held on August 22, 2001 t and based on the
evidence issued its Findings of Fact, Conclusions of law, and Order as follows:
FINDINGS OF FACT
After hearing te'stimony of Code Inspector William Wright for City and Jofar
Rupaii, for the Respondent, and viewing the evidence, City Exhibits 1-8 lEx. 1 -
'inspector's structure report dated 11/29/00; Ex. 2 - notice of violation and 'return
receipt; Ex. 3 - property appraiser printout; Ex. 4 - correspondence from R. C.
Kannan &. Associates, Inc.; Ex. 5 - affidavit of violation and request for hearing; Ex.
6 - notice of hearing; Ex. 7 - composite photographs dated 11/27/00 and 8/22/01;
and Ex.'S - code section), it is evident the property is'in violation of Ch. 47,
Standard Building Code & Chapter 49, Standard Housing Code, as adopted by
Section 49.01 of the Code.
CONCLUSIONS OF LAW
The Respondent by, reason of the foregoing is in violation of Ch. 47, Standard
Building Code & Chapter 49, Standard Housing Code, as adopted by Section 49.01
of the Code of the City of Clearwater, Florida, in that the Respondent has failed to
remedy the cited violatlon(s).
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation by October '15, 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 October 15, 2001, 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 conti nUBS beyond October 1 5,
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 Pinollas
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 wit~ ,the Board Secretary no later than thirty days after the
mcb080 1
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08/22/01
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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
th~ petition to reconsider or rehear. '
The motion was duly seconded and carried unanimously.
'1D) . Case 27-01 - (Cont'd from 07/25/01)
Irfan & Advije Ismaili
622 S. Betty lane
, (Stairs and Railings) - Wright
Board Secretary Sue Diana read the Affidavit of Violation & Request for
Hearing. Service was obtained by certified mail. Discussion related to this item
was reported above, Item #1 C, Case 26-01.
Member Tieman moved that the Municipal Code Enforcement Board has
heard testimony at its regular meeting held 'on August 22, 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 William Wright for City and
Attorney Jafar Rubaii for Respondent, and viewing the evidence, City Exhibits 1 ~ 7
(Ex. 1 ':"jnspector's structure report dated 1/9/01; Ex. 2 - notice of violation; Ex. 3
..; property appraiser printout; Ex. 4 - affidavit of violation and request for hearing;
Ex. 5 - notice of hearing; Ex. 6 - correspondence from R.C. Kannan & Associates,
Inc.; Ex. 7 - composite photographs dated 1/16/01 and 8/22/01; and Ex. 8 - code
section, it is evident the property is in violation of Ch. 47, Standard Building Code &
Chapter 49, Standa~d Housing Code, as adopted by Section 49.01 of the Code;
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Ch. 47, Standard
Building Code & Chapter 49, Standard Housing Code, as adopted by Section' 49.01
of the Code of the City of Clearwater, Florida, in that the Respondent has failed to
rem~dy,the cited violation(sl.
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid
violation by October, 15, 2001. The burden shall rest upon the Respondent to
request a reinspectj~n by the Code Inspector to verify compliance with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by
~his Board, not to have been corrected on or before October 15, 2001, the
Respondent may be ordered to pay a fine in the amount. of one hundred. and no/100
dollars ($100,00) per day for each day the violation continues beyond October 1,5,
2001.
mcb080 1
4
08/22/01
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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 E)' Case 33-01
Melvin Spin'oza
1632 Drew Street
(Carport to Dwelling and Septic without Permit/Inspection) - Coccia
Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
Service of the notice of hearing was obtained by posting the property on August 10,
2001.
Property owner Melvin Spinoza requested the hearing be continued and for
Building Construction Inspector Rick Rosa to be sequestered' during Building
Construction Inspector Mike Coccia's testimony. Ms. DougallwSides said the City
objected to both requests. Mr. .Rosa voluntarily left the chambers.
In response to questions from Ms. Dougall-Sides, Mr. Coccia said the
property had come'to his attention on February 12, 2001, following a complaint.
When no one was .home upon his initial visit to the property on February 13, 2001,
he ieft a tag on the front door requesting a return call. Upon his return to the
property on February 14, 2001, a tenant allowed him to enter her home. He
observed two adults and several children ,in a substandard dwelling unit, which had
been converted from a garage and carport. The living room was sectioned off from
a bedroom in the main house; The toilet was installed on an outside slab and
enclosed by lattice. The shower was connected illegally to the main water line. A
bathroom/kitchen sink had been installed under the electrical panel, which had
several visible wires. The "kitchen," in the garage area, had kitchen cabinetry and ,a
small refrigerator. He did not recall seeing a stove. The outdoor washing machine
, drained onto the ground. A water heater, designed for inside a garage, was installed
outdoors.
Mr. Coccia said the main part of the single-family residence also was rented. '
Each dwelling unit had a window air-conditioner unit. ' He determined work to
enc'lose the carport, and inst~1I the kitchen, sink, toilet, and shower had been do'ne
, mcb080.1
08/22/01
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, without permit or inspection. He said kitchens and bathrooms cannot be added and
removed without permits or inspections. There is evidence a 10.1 2 .foot wide circle
and sewer line trench had been dug recently in the re'ar yard. He said it appears the
new toilet had been connected to an abandoned septic tank. The City prohibits
septic tank use when sewer service is accessible. He said the complaint had
indicated the area had ,been pumped out after the smell of sewage had become
evident. City records indicate the one set of utility accounts assigned to the
property is connected to the main house.
Mr. Coccia said the CRT (Community Response Team) has an active case on
this property related to the septic tank issue. Mr. Coccia issued a Stop Work order
on March 14/ 2001. He issued a Notice of Violation on May 11, 2001 by certified
mail and by posting the property. The certified letter was returned unclaimed. He
reinspected the property on May 26, 2001, but was unable to access the property
and could not observe any change in condition or determine if the septic tank had
been removed. Mr. Wright posted the property on August 10, 2001, with a notice
of this,hearing. Mr. Coccia iden'tified City Exhibit 10 as photographs he had taken
of the interior of the property,on March 7, 2001. The photographs are an accurate
. representation of conditions he last observed. He recommended 30 - 45 days to
obtain a permit and to disconnect and cap the septic tank or a $100 per day fine be
imposed. H~ said no cars were parked in tr'ont of the property today and he does
not know if the house is occupied.
Ms. Dougall-Sides submitted City Exhibits 1 ~ 10 and displayed photographs
of the site. '
In response to a question, Mr. Coccia said an open air bathroom is
considered a health and safety violation. He said it is unlikely the new toilet had
been connected to the City's sewage system and expressed concern effluent from
the toilet probably had not been properly eliminated. He said construction work to
convert the property into a multi~family dwelling did not appear professional. Ms.
Dougall-Sides said though possible zoning violations exist, the board is addressing
, permitting and inspection issues.
, In response to questions from property owner Melvin Spinoza, Mr. Coccia
said he had not entered the property' fl back yard after his initial visit due to the
posted "~o Trespassing" sign. He did not knock on the door or enter the property
during today's visit., Mr. Spinoza said there is no evidence the backyard septic tank
was reconnected. He said the subject sink was removed and the toilet was capped
in March. In response to a question, Mr. Coccia said Mr. Spinoza had never
contacted the City requesting an inspection to verify that work had been completed.
Mr. Coccia had telephoned Mr. Spin.oza on April 16, 2001, and advised him the
carport structure had to be removed.
Concern was expressed the illegal dwelling had been constructed without
proper permits or fees. Mr. Spinoza said the carport and sun porch were enclosed
when he purchased the property three years ago. Ms. Dougall-Sides said a 1998
survey lists the sunporch as a concrete porch. Mr. Rosa did not recall seeing the
toilet during his last visit to the property on March 13, 2001, when the police were
mcb080 1
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'present. ,His notes indicat~ the tenant had contacted Clearwater Police on that date
because she was having difficulty collecting her belongings. In response to a
question from, Mr. Spinoza, Mr. Rosa said he had not observed effluent on the
ground. He said the' Police Department had issued a .letter to the Clearwater
Housing Authority on behalf of the tenant, stating she was living in an unfit dwelling
unit and had to vacate the premises within 30 days. He said the woman had been
occupying the illegal addition. Mr. Splnoza said the woman was a squatter, not a
tenant.
Member Huffman moved that the Municipal Code Enforcement Board has
heard testimony at its reg!Jlar meeting held on August 22, 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 Inspectors Mike Coccia and Rick Rosa for City and
, Respondent Melvin Spinoza, and viewing the evidence, City Exhibits 1-10 (Ex. -
notice of violation and stop work order dated 3/14/01; Ex. 2 - affidavit of posting
, dated 5/1/0,1; Ex. 3 - code sections; Ex. 4,- property appraiser printout; Ex. 5 -
activity log; Ex. 6 '- affidavit' of violation and request for hearing;' Ex. 7 - notice of
hearing; Ex. 8 - affidavit of service/posting dated 8/10101; Ex. 9 - SFG
Tecdhnologies, Inc. inquiry; and Ex. 10 - composite photos dated 3/7/01] ~nd
Defendant Exhibit 1 - survey dated 9/24/98, it is evident the property is in violation
I'~ of the City code in that a carport was converted into dwelling unit without permits
, and inspections.
; 'trtll.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Article IV,
'Chapter 47, Section 47.083(21 and Article V , Section 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 September 10, 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 September 10, 2001, the
,Respondent may be ordered to pay a fine in the amount of two hundred fifty and
, no./1 00 dollars ($250.00) per day for, each day the violation continues beyond
September 10, 2001.
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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
mcb080 1
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p~rson'al 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. '
The motion was duly seconded and carried unanimoLlsiy.
1 F)
Case 34~01
Valerie Hofmeister & Merle Slasjo
1265 lakeview Road
(lot Clearing and Outdoor Strorage) ~,Doherty "
Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
Service on the notice of hearing was obtained by certified mail service" '
Dave Whitehead, representative, stated the owners admit to the violation,
~tating a tenant had caused the problems. Inspections Specialist Geri Doherty said
, some items re~ained outdoors and a trailer was in the driveway when she last
inspected the property, on August 20, 2001. She recommended the property owner
, be given 10 days to comply or be fined $100 per day, if debris is not removed from '
the property and the lot is not cleared now or in the .future.
Member Cole moved that the Municipal Code Enforcement Soard has heard
testimony at its regular meeting held on August 22, 2001,' and based on the
evidenc~ issued its Findings of Fact, Conclusions of law, and Order as follows:
FINDINGS OF FACT
After hearing 'testimony of Inspector Geri Doherty for City, and Property
Manager Dave Whitehead for Respondent, it is evident the, property is in violation of
th~ City code regarding outdoor storage and excessive growth or accumulation of
weeds, grass, etc.
CONCLUSIONS OF LAW
, The Respondent by reason of the foregoing is in violation of Sections 3-
1503.B.7 and 3-1502.G ,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 September 10, 2001. The, burden shall rest upon the Respondent to
re'quest a relnspection by the Code Inspector to verify compliance with t~is 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 September 10, 2001, 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 September
10,2001. ' '
'\
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.
Should the violation reoccur, the Board has the authority to impose the fine
, at that time without a subsequent hearing. '
The motion was duly seconded and carried unanimously.
1 G) Case 35-01
Lloyd & Kim lehan
909 ,Bruce Avenue
(Fence) - Phillips
Board Secretary Diana read the Affidavit of Violation & Request for Hearing.
, Service on the notice of hearing was obtained by posting the property on August
10, 2001. Code Enforcement Inspector Julie Phillips said she ,had not checked the
" permit status. Property owner Lloyd Lehan said he had hired a contractor on August
16, 2001, and work should begin on September 5, 2001. Ms. Phillips
recommended the property owner be given 30 days to comply or be fined $100 per
. day. She said the case has been open since April 2001. It was suggested the fee
be lowered as'the violation does not affect health or safety.
, Member Huffman moved that the Municipal Code Enforcement Board htis
heard testimony at its regular meeting held on August 22, 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 Inspector Julie Phillips for City and Respondent
l,loyd Lohan III, and viewing the, evidence, City Exhibits 1-8, (Ex. 1 - notice 'of
violation; Ex. 2 - code section; Ex. 3 - affidavit of posting dated 7/16/01 i Ex. 4 -
property appr'aiser printout; Ex. 5 - complaint form dated 4/20/01; Ex. 6 - fence
: proposal; Ex. 7 - affidavit of 'violation and request for hearing: and Ex. 8 -
COrTlposlte photos dated 7/10/01 and 7/16/01), It is evident the property is in
vlola~ion of the City code regarding fence maintenance.
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CONCLUSIONS OF LAW
, '
, The Respondent by reason of the foregoing is in violation of Sections 3-808,
, 3-80S;A.2; 3.S0S.A.3, 3-808.A.4, 3-808.A.5 and 3-808.A.6 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 September 30, 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 September 30,' 2001 the
Respondent may be ordered to p~y a fine in the amount of one hundred and no/100
dollars ($100.00) per day for each day the violation' continues beyond September
30,2001.' '
If Respondent does not comply within the ti":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 shailconstitute 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.
, The motion was duly seconded and carried unanimously,
ITEM #2 - Unfinished Business
, Case ,42-00 .: (Cont'd from 07/25/01)
William, Michael & Assoc., Inc. (Philip J. Matonte, RA)
307 leeward Island,
(Building) - Chaplinsky
Building Official Kevin Garriott reviewed the background of the pr'operty.
The City had cited the project when construction did not match submitted'drawings.
Revised drawings, submitted one week before the September 2000 MCEB meeting,
were forwarded to a City consultant. 'Both staff and the property owner requested
continuances. By January 2001, the project complied with Code. 'Per Sec. 7~
102(C) of the Community Development Code, as the violation was corrected prior, to
'January 2001, the item was continued. As no recurrence, of the violation occurred
within six months, th~ item was withdrawn. '
mcb0801 '
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2A) Case 01-97 - Affidavit of Compliance
, Duane & Marian Jung~
2140 Calumet Str~et
(Fir~ Code) - Colbe~t
. AND
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2B) Case 09-01 - Affidavit of Compliance
Robert Amy MC,Gregor
2477 Chaucer Street
. (Traffic Related to Home O~cupation; Trailer in S,etback) - Doherty
, Member Ti,eman moved t<? accept the Affidavits of Compliance for Case 01 -
, ,97 and Case 09-01. The motion was d,uly seconde~ and carried unanlmoysly. '
, 2C)' Case 13-01 - Affidavit of Non-Compliance
Donn McKnight
508 S. Greenwood Avenue
, ' '
. (Building Code) - Coccia.
AND
20) Case 22-01 - Affidavit of Non-Compliance re Part II of Order
John S. Lynn C/O Jeralne C. Burt
1109 Tangerine Street
. (Housing) - Rosa
AND
2E) , Case 24-01 - Affidavit of Non-Compliance re Part II of Order
Jeralne C. Burt & Errol J. Kidd
1'113 Tangerine Street
(Housing) - Rosa
Member Tieman moved to accept the Affidavit of Non~Compliance and issue
the order imposing the, fine for Case 13-01. and accept the Affidavits of Non-
Compliance regarding Part II of the Orders and issue the .orders imposing the fines
, ,
for Cases 22-01 and 24-01. The motion was duly seconded and carried
unanimously.,
Item # 3 - Other Board Action/Discussion .
3A) Case 19-95 - Addressing Board re Reductionin Fine
Larry Bunting
804 & 804 }'2 Pennsylvania Avenue
CNHS (Clearw~ter Neighborhood Housing Associationl Executive Director
Islah Gulley said her organization has acquired the subject property for in~fill ,
housing. She requested forgiveness of the property's past liens, totaling $49,750.
mcb0801 '
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, She reviewed the history of the property, noting its previous use as a junkyard was
Inappropriate for a residential neighborhood. Ms. Diana reported administration
costs related to the liens total $1,180. Board Attorney Andy Salzman said the
board cannot reduce the lien below admlnistnition costs. Support of CNHS efforts
was stated.
Member Tieman moved to reduce the amount of. the lien for Case 19-95, 804
& 804 % Pennsylvania Avenue, to $1,180. The motion was duly seconded and
carried unanimously.
,/' .
Item # 4 - New Business
" Ms. Diana stated the board will consider rule revisions in September, Ms.
Dougall-Sides requested members forward to her recommendatIons for changes to
the Code. ' ' '
, ,
Ms. Dougall-Sides distributed drafted changes to rules related to lien waivers
and r~quested member comments at the next meeting. ,
It was recommended time limits be imposed on staff and applicant
, presentations.
, Item #5 - Nuisance Abatement Lien FilinQs'
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Robert Hall
1844 Overbrook Avenue
Sunset Point 1 st Addition, Blk D, lot 8
COD2001-02481
$ 254.60
V. Kennedy
21557 US 19N
Section 08-29-16, M&B 33/06
COD2001.01237
$ 250.00
Edward lewis'
800 North Pennsylvania Avenue
, Pine 'Crest, Blk 5, Lot 6
COD2001-01283
$ 418.00
Pinellas Habitat Humanity
917 Seminole Street
Pine Crest, Blk 8, W50' of E97' Lot 1
COD2001.01284
$ 250.00
, ,
Helene Mercier
, 3201 Drew Street
Section 16-29-16, M&B 12/02
CO 0200 1-03429
$ 576.99
':','0
Manuel Kastrenakes, Tre
Evangeline Kastrenakes'
. 19206 US '9N '
Section 19-29-16, M&B 14/06
COD2001-03535
$250.00
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,CIO Catherine Natale POA
1468 South Prescott Avenue'
Sail's:' st Addition; Bk C, Lot 14
,COD2001-00961
$ 250.00
, Concer~ 'was express~d the City is filing a lien against Habitat for Humanity.
, Ms. Diana stated the lien represents actual costs to the City. Staff will review the
item.
, I
Member Tieman moved to accept the nuisance abatement lien filings;' The
," motion was duly seconded and carried unanimously.
L,
, ,ltem'#6 - Aooroval'of Minutes
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, , , Member Tieman moved to approve the minutes of the regular meeting of July,
'" 25, 2001, as submitted in written summation to each board member. The motion
was duly seconded and carried unanimously.
, Item #7 ..:. 'Adiournment
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The me,eting adjourned at 5: 12 p.m. LI
;'.krJ V ~"
Chair ' ,(~
Municipal Code' Enforcement B,oard
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