03/27/2002 (2)
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ACTION AGENDA
City of Clearwater
Municipal Code Enforcement Board
March 27 I 2002
1.
PUBLIC HEARINGS
A., Case 36-01
New Era Network 11 Ltd Partnership
2898 Gulf to Bay Boulevard'
(Community Development Code/Landscape) - Kurleman
. Withdrawn'
B. Case 37-01
Cha'uncey Clearwater Trailer' Court Inc.
'c/o Beverly Martin, Tre .
2143 Gulf to B'ay Boulevard
(Community Development Code/Landscape) - Kurleman
Withdrawn ' '
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. C. Case 07-02 .;.. eontd from 2/27/02
, ' D~bra Kagan. Ward
, ',1148 N.E. Cleveland Street
, (Building Co~e) ...;, Coccia
Complied; ~ontd to 9/25/02 per Section 7-1 02.C
D~' Case 08-02
Janusz & Roxana Nowicki
.2054 Gulf to Bay Boulevard
. ,
. (Development Code) - Kurleman. .
Ordered compliance within 15 days or $150/day 'fine may, be imposed
. E.' Case 09.02 ' .
. U Haul Co. W. Coast FLA.
. 23917 ,U.S. Hwy 19 N
. (Development Code) ~- Kurleman
Compl'ied; Cont'd to 9/25/02 per Section 7 ~1 02.C
2.'
, UNFINISHED BUSINESS
. A. Case 01-01 - Request for Reduction of Fino
David & 9atherine F. Jones '
1200 Melonwood Avenue'
(Building Code) - Coccia .
Reduced to $5,000 plus $959.50 In administrative costs payable within 30 days
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B. Case 41..01 ~ Request for Reduction of Fine
Lonl J. Shutler' ,
, " . , 2731 Poppyseed Court
, , (Building ,Code) - Coccia ' "
Reduced to $500 plus $933 in administrative costs payable within 60 days
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q. . Cas~ 15..01 .. Request for Reduction of Fine
Clearwater ,Moose Lodge 1030', ,
'1101 Cleveland Street '
(Development Code) - Kurleman . ,
Red,iJced to $2.500 plus $11520 in administrative costs payable within. 30 days,
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. , APPROVAL OF,M~NUTES - February 27.2002 - Contd. to 4/24/q2
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ADJOURNMENT - 4:21 p.m.
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'MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
March 27,2002
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Present:
Lawrence Tieman
Sheila Cole'
Kevin Telsmann
George Krause
Chair
Vice-Chair (departed 4: 17 'p.m.)
Member
Member
Absent: ' '
Franke Huffman
David Allbritton
Joyce, Martin
Member
Member
Member
Also Present:
Assistant City Attorney
Attorney for the Board
Secretary for the Board
Board Reporter
Leslie Dougall-Sides
Andy 'Salzman
Sue Diana
Brenda Moses
The Chair called the meeting to order at 3:04 p.m. at City Hall.
, To provide continuity for research, items are in agenda order although not
necessarily discussed in that 'order. '
The Chair outlined the procedures and stnted 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
~rder. Florida Statute 286.0105 requires any party appealing a decision of this
Board.to have a record of the proceedings.
1. PUBLIC HEARINGS
A. , Case 36-01
New era Network II Ltd. Partnership
2898 Gulf to Bay Boulevard
ICom~uriity Development Code/Landscapel - Kurleman
Per Sectio~ 7-102(C) of the Community Development Code, as the violation
was corrected prior to the hearing date, the item was automatically continued to
this m~eting. As there has been no recurrence of the violation,' this item is
withdrawn.
B, 'Case 37.01 , . '
. Chauncey Clearwater Trailer Court Inc.
c/o Beverly Martin, Tre
2143 Gulf to Bay Boulevard
(Community Development Code/Landscape) - Kurleman .
'I: mcb0302
1
3/27/02
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Per Section 7-102(C) of the Community Development Code, as the violation
was corrected prior to, the hearing date, the item was automatically continued to
. this meeting. As there has been no recurrence of the violation, this item is
withdrawn.
C. Case 07-02 ..:.. Contd. from 2/27/02
Debra Kagan Ward
1148 N.E. Cleveland Street
, (Building Codel - Coccia
This property is now in compliance. Per Section7-102(C) ,of the Community
Development Code, this case is automatically continued for six months. If there is
, no recurrence of the violation, the case will be withdrawn at that time.
D. Case,08-02 '
Janusz & Roxana Nowicki
. 2054 Gulf to Bay Boulevard ,
(Development Code) - Kurleman
Secretary for the Board Sue Diana read the Affidavit of Violation. She said
,service of the notice of hearing was obtained by certified mail.
No one was present during the he'aring to represent the Nowickis.
In response to questions from Assistant City Attorney Leslie Dougall-Sides,
City Inspector Scott Kurleman said he originally inspected the property on December
7, 2001, at which time he observed a tree had been improperly topped. Prior t'o his
inspection, the City's Environmental office had sent notice to the property owner'to
discontinue topping trees on the site. .In November 2001, Mr. Kurleman sent notice
to the owner that if topping of trees continued, the trees would have to be
replaced. On December 7, 2001, Mr. Kurleman reinspected the property and
observed a tree had again been topped 50 - '60%. In response to a question, he
said topping a.tree creates decay, promotes root starvation, and disfigures the tree.
When branches grow back after topping, they are frail and can become hazardous.
On December 7, 2001, Mr. Kurleman sent a notice of violation via certified
mail to the property owner and service was obtained. In January 2002, Janusz
Nowicki c,ontacted Mr. Kurleman and in March 2002, Mr. Nowicki's landscaper
contacted him inquiring about possible alternatives to shade trees in the front of the
property. Mr. Kurleman explained that since the violation had already occurred, the
property owner would need to remove the damaged t~ee and replace it inch for ,
inch. The tree has a 7-inch caliper and could be replaced with one of similar caliper
'o'i with two separate trees of 3- and 4-lncl1 calipers. Mr. Kurleman said he is
unaware of any efforts by the property owner to take action toward compliance.
, He felt as the property owner has had over 3 months to comply, the City should not
be too lenient about the violation.
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mcb0302
2
3/27/02
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Ms. Dougall-Sides submitted City Exhibits 1- 7, photographs ,of the tree and
property taken in December 2001, and on March 26, 2002.
In response to a question, Mr. Kurleman said there has been no dispute from
the property owner that the overhead power lines prompted topping of this tree.
He said the power lines are 20 feet from the tree, and normally, Florida Power
Corporation would trim them. Mr. Kurleman said the adjacent property owner had
indicated the tree was topped to give visibility to the property owner's site and to
ensure visibility of his sign on the adjacent property.
Member Cole moved that concerning Case 08-02, the Municipal Code
Enforcement Board has heard testimony at its regular meeting held on'March 27,
2002, and based on the evidence issued its Findings of Fact, Conclusions of Law,
and Order as follows: '
FINDINGS OF FACT: After hearing testimony of Scott Kurleman, and viewing the
evidence, City Exhibits [11 Letter dated 4/25/01 addressed to respondent; 2) Notjc~
, of Violation dated 12/11/01; 3) Copy of applicable Code Sections of the, Clearwater
City Code of Ordinances; 4) Property Appraiser printout; 5) Affidavit of Violation
and Request for Hearing; 6) Notice of Hearing; and 7) photographs of the subject
property], it is evident the property is in violation of the City code in that shade
. trees were topped.
CONCLUSIONS OF LAW: The Respondent by reason of the foregoing is in violation
of Section 3-1204(J) and Section 3-1205(F)(3) of the Code of the City of
Clearwater, Florida, in that the Respondent has failed to remedy the cited
violation Is)'
ORDER: It is the Order of the Board that the Respondent is to correct the aforesaid
violation by April 11, 2002. 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 April '11; 2002, the Respondent
may be ordered to pay a fine in the amount of One hundred fifty dollars 1$150.00)
per day for each day the violation continues beyond April 11, 2002.
.If Respondent does not comply witl1in the time specified, a certified copy of the
Order imposing the fine may be recorded in the Public Records of Pinellas County,
Florida, and once recorded shall constitute a lien against any real or personal
property owned by the Respondent pursuant to Chapter 162 of the Florida Statutes.
Should the violation reoccur, the Board has the authority to impose the fine at that
time without a subsequent hearing.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resulting from a public hearing. A petition for rehearing must be made in writing
and filed with the Board Secretary no later than thirty days after the execution of
mcb0302
3
3/27/02
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. 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 hf3ar oral argument or evidence in determining whether to grant the petition to
reconsider or rehear. The motion was duly seconded and carried unanimously.
At the end of the meeting, Mr. Janusz Nowicki asked to address the board
regarding his case. No testimony could be given as Member Cole had left the meeting
and there was no longer a quorum.
Mr. Norwicki was informed by staff he could write a letter to the Board requesting
, a rehearing. '
E. ' Case 09-02
U Haul Co. W. Coast FLA.
23917 U.S. Mwy 19 N
(Development Code) - Kurleman
This property is ,'now in compliance. Per Section 7-102(C) of the Community
Development Code, this case is automatically continued for six months. If there is
no recurrence of the violation, the,case will be withdrawn at that time.
. 2. UNFINISHED BUSINESS
A. ' Case 01-01 - Request for Reduction of Fine
" David & Catherine F. Jones
1200 Melonwood Avenue
(Building Code) - Coccia
David Jones, property owner, said he was divorced from Catherine F. Jones
at the time the notice' of violation was received. . He said when the City responded
to an anonymous fence complaint at his property, they found his porch in disrepair.
He stated he pulled down a portion of one of the walls.
City Inspector, Mike Coccia said the property was cited' for construction work
without permits.- He stated it was difficult to determine the extent of the
construction work due to overgrowth and a dog in the back yard. In response to
. questions from Ms. Dougall-Sides, Mr. Coccia said the Affidavit of Compliance was
filed on February 11', 2002. The original notice of violation was given in August
2000. In January 2001, Mr. Jones was given 30 days to comply. A final
inspection of the property was done on February 11, 2002, 11 months from the
time the notice of violation was issued.
Ms. Diana said the fine is $1 7,1 60 and the City Clerk Department's total
administrative costs are $350. Ms. Dougall-Sides said the Development Services'
Department's costs are '$609.50. Mr. Coccia said staff does not suppo~t a total
. reduction In ffne, as the property owner never contacted staff nor attempted to
come into compliance for 11 mon'ths.
mcb0302
4
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Mr. Jones said she had experienced debilitating depression due to' his
divorce. He ~topped paying his mortgage and stopped dealing with personal and
other issues. He was not working full time and his financial circumstances were in
disarray. He said he barely was able to pay the $53 for the permit for construction.
.- He felt that $17,000 was not appropriate in this instance as the deterioration was
hidden behind a fence. He has since recovered from the divorce and wishes to
move forward. The equity from his home is his life's savings. In response to a
question, Mr. Jones said it took him a week to complete construction once he
began the work. He recently sold the home, received $40,000 upon sale, and the
title company has retained money in escrow for the Ilen.
Ms. Dougall-Sides 'said when a notice of homestead was flied by Mr. Jones'
, for this property, the title comp'any argued that it released the Ilen. Ms. Dougall-
Sides said that would only be true if a lien was imposed as a result of a court'
judgment. '
Concern w&.s expressed Mr. Jones took too much time to come into
, compli,ance since he ended up doing the work himself. Discussion ensued regarding
an appropriate fine.
Member Teismann moved to reduce the fine to $5,000 plus administrative
costs' of $1,010, to be paid within 30 days. The motion was duly seconded and,
. carried unanimously.
B.
Case 41-01 - Request for Reduction of Fine
Loni J. Shutler
2731 Poppyseed Court
(Building Code) - Coccia
Mr. Coccia said this case involved a patio overhang and a fence installed
without permits. The Affidavit of Compliance was filed on February 11, 2001, after
a final inspection was performed. On October 24, 2001, this Board issued an order
to comply by November 23, 2001, or a $1 OO/day fine would be imposed for each
day of noncompliance. The wor~ required engineering drawings and a permit. Ms.'
Diana said the total fine is $7,900.
. Development Services ~anager Bob Hall said staff was not made aware of
,any hardships experienced ~y the property owner.
Ms. Dougall-Sides said,the Development Services Department administrative
costs total $583; Ms. Diana said the City Clerk Department's costs are $350.
Loni Shutler, property owner, said the contractor who did the work did not
obtain a permit; she did not know a permit was needed. After she was informed of
the violati.on, she acted immediately to find another contractor and engineer. She
said it took some time to find a contractor especially since most of the work had
been d~ne. She said she also had fundfl19 issues because she had spent all her
funds on the construction. She thought once she had obtained the permit, she was
. mcb0302
5
3/27/02
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in compliance. In response to a question, Ms. Shutler said due to electrical and.
wind requirements, some modifications needed to be made.
Ed Ruark, engineer and general contractor, said he inspected the strapping,
etc. and found it was not properly completed. He said in general, the structure was
designed well. He became involved in the project in February 2002.' Ms. Shutler
said as she is a single parent and works, she could not find a contractor any sooner
than she did. It cost her an additional $1,200 - $1,400 for the engineerinr
drawings, the permit, and for Mr. Ruark's services.
, ,
It was remarked that Ms. Shutler attempted to comply rather quickly once
sh'e received the notice of violation.
Member Cole moved to reduce the fine to $.500 plus $1,433 in
administrative costs payable within 60 days. The motion was duly seconded and
carried unanimously. '
c.
Case 15-01 - Request for Reduction of Fine
Clearwater Moose Lodge 1030
1101 Cleveland Street
(Development Code) - Kurleman
, ,
Chris Howell. Arvida Realty Services, said he was hired in January 2002 to
'...t"'~ . facilitate the sale of the property. He was unaware at the time of the City's lien
\..~,;}and other issues regarding the property. He said a letter was hand delivered to the
City's Municipal Services Building notifying the code inspector the property was in
compliance as of July 23, 2002; The Lodge assumed they were in compliance and
felt they had notified the City accordingly. Mr. Howell believed that the letter was
not property delivered.
Mr. Howell said, subsequently, Mr. Marsh, the head of the Lodge's Board ot'
Directors, re'signed in Dec'ember 2001. The Board of Directors never received the
City's notice of violation. Once Mr. Howell became involved, the matter was,
resolved. An affidavit of compliance has been issued with a compliance date of
February 13, 2002. In response to a question, Mr. Howell said although the
property had been in compliance, it was not Inspected as required.
Mr. Kurleman said when the Board first heard this case, one of the
conditions of compliance w,as that he was to be contacted by the Lodge to check
on the progress. The Lodge was not cooperative.
In response to a question, Ms: Diana said the fine is $19,400. Mr. Salzman'
, said the notice of the fine that was mailed by certified mail to the Lodge on
November 1, 2001, was signed for, by Lee Marsh. The notice clearly stated that
the fine was to accrue at $ 1 DO/day for each day of noncompliance and that upon
compliance, In~pector Kurleman was to. be notlfied~ .
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3/27/02
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:. Mr. Howell said the Lodge's entire,board finally resigned. The Lodge's.
. membership is appr,oxllT)ately 450- 500 members... None of the members knew of
'the violations and fines. He said once the problems were discovered, they ,were
taken care. of quickly and the property'was sold. The're are funds available from the
sale that we~e held in escrow to pay the fines, however, Mr. Howell hoped the
board would consider the members who were unaware of the problems.
Ms. Dougall-Sides said the Development Services Department's
'ad~inistrative costs are $1,070; Ms. Diana said the City Clerk Department's
. administrative costs are $450.
Discussio~ ensued regarding the fine. It was remarked that approximately
240 '- 250 days of noncompliance occurred prior to Mr. Howell's Involvement. .
, ,ry1~mber Teismann moved to reduce the, fine to $2/500 plus administrative
. costs of $1/520 to be paid within 30 days. The motion was duly seconded. Upon
. the vote being taken, Members Teismann, Krause, and Chair Tieman voted "aye";
Member Cole voted "nay". Motion carried. . '
I .
3.
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OTHER BOARD ACTION/DISCUSSION - None
.'
. 4. NEW BUSINESS - None
f~
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5. ,
NUISANC.E ABATEMENT LIEN FILINGS - No'ne .
Member Cole left the meeting at. 4: 17 p.m.
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6.. APPROVAL OF MINUTES - February 27, 2002
, Due. to lack of a quorum,' this item was postponed to the next meeting. '
7. ADJOURNMENT
. The meeting adfourned at 4:20 p.m.
~ /JaJe ~'}~;i'V
Chair '
Municipal Code Enforcement Board
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