11/13/2002 (2)
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/13/
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Date
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, ACTION AGENDA
City of Clearwater' ,
Municipal Code Enforcement Board '
, Noveml?er 13. 2002
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, PUBLIC HEARINGS
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, ' , A. Case 25-02 ' '
" Ollie R. Dennis
1012N. Madison Avenue,
Development Code;'" Wilson
, Withdrawn '
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,B. Case',37..02.. Cont'dfrom 10/23/02,
, . . '. Patrick & Misty Arseneau'
," 1560 S. Myrtle Avenue .
, Building Code - Coccia
" ,Withdrawn
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,D. Case 41..02
Spence Designs. Inc, '.,
913 N. Ft. Harrison,Ave'nue
. Development - Ruud ,
Continued to 1/22/03
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E. pase 42-02, '
Landmark Palms Homeowners' Association
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Landmark Palms Subdivisiof} ,
Building ~, Wright, , , ,
,Com'ply \Mithin 30 days (12/13/02) or $250!day
F. Case 43-02
, , Harbor Oaks Development L.C',
" 608 Harold Court '
, B'uilding - Wright
Comply within 30 days (12./13/02) or $250/day ,
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North Bay Community Church
3190 McMullen Booth Road'
. ,: Building.;.. Wright ,
Comply within 30 days (12/13/02) or $250/day
H. C'ase 45.02
IsaQ. Dauti ' '
'1535 ~ulf:-to-Bay Boulevard
Building - Wright . ,
Comply within 30 days (12/1.3/02) or $250/day
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2.
UNFINISHED BUSINESS'
A. Cas'e 21~02 Affidavit of,Non.Compliance
. Robert Petit,. '
1009 Woodlawn Street
. Building Code - Coccia '
, Accepted; issued order imposing fine
'B. Case 34-02 'Affidavit of Compliimce
Donald Zeitler
1700 N Ft Harrison' .
Development Code - Phillips
,Accepted'
C. Case ~~. 35-02 Affidavit of Compliance
, EI Amir of Tampa Co '
'20~m,Highland Avenue
Development Code - Ku rleman
Accepted
p~ Case'No. 36-02 Affidavit of Compliance'
" Alex Ari Florida Co "
'. 901 Venella Bay Boulevard .
, 'Development ,Code - Kurleman,'
. Accepted'
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OTHER'BOARD ACTION/DISCUSSION - None
4. ,NEW BUSINESS.
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o ' '5. , N~ISANCE ABATEMENT UEN FIUNGS: Accepted
<,\:'..:',:-:,.' ',:'~ .,~:',. 0" Ch~rles H. and Kirst! A', Anderson
~:-,.,':',: ;. " ",' . 1'101 Wood Avenue' ,
:~:("~,< " ~'. ' Bonair Hill Sub, Blk C, Lot 1 and W25' .
,;1' '," , " , of Lot 2
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X(~> '.. .', " . " .6." "APPROVAL OF MINUTES - October 23,2002
;;" ..,.'" .' " Approved as submitted' .
)):"9>"': ..... "7.,' ,'ADJOURNMENT - 5:00 p.m. .'
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" AnneG. Park :- UTD 7-19-90
, . .1481 HamletAvenue "
. " Belleair Highlands, Blk D, 850'
of Lots 1,2,3 and 4 '
$ 320.00
PNU2002-00876 ' . '
$ 320.00
PN U2002-Q 1039
$ 320.0,0 .
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PNU20Q2-Q1199 '
PNU2002-00953
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, ' Isa Dauti
, " 1535 Gulf to Bay Boulevard
, Druid Hills. Lots 21 ~ 22 and 23
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:; ,., '~. john H., Snyder IV:
'. ", "502 Palm Bluff Street
, .' :. ',Palm Bluff fst Addition, E5Q' ~ots 6-7
$ 320.00
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MUNICIPAL CODE ENFORCEMENT BOARD MEETING'
. CITY OF CLEARWATER '
November 13, 2002
PresEmt: .
Lawrence TIeman
Sheila Cole
Joyce Martin
David Allbritton
George Krause
Douglas J.Williams
Bryan D. Ruff
Elita Cobbs ,
Mary K. (Sue) Diana
Patricia O. Sullivan
Chair
Vice-Chair
Board Member
Board Member
Board Member
Board Member'
" .. 'Also Present:
Assistant City Attorney
Attorney 'for the Board
Secretary for the Board
Board Reporter '
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The 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 Chair outlined the procedures and stated any aggrieved ,party may appeal a flnal
administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas .
County within thirty (3D) days of , the execution of the order. Florida Statute 286.0105 requires
arty party appeal~ng a decision ~f this Board to have a record of the profeedlngs.
ITEM #1 - Public Hearinqs
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Case 25-02 - Cont'd from 8/28/02
. Ollie R. Dennis
1012 N. Madison Avenue
Development Code - Wilson
" In correspondence da'ted October 29. 2002..Developme'nt Services Coordinator Bob
'Hall withdrew C~se 25-02; ,
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. 18) Case 37-02. Cont'd from 10/23/02
Patrick & Misty Arseneau
1560 S. Myrtle Avenue
Building Code - Coccia
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In correspondence dated November ,13. 2002, Inspector Mike Coccia withdrew Case 37- ,
02.
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11/13/02
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1 C) , Case 39-02 - Cont'd from 10/23/02
, Louis J. & Angelina Chaconas
1736 Drew Street
Building Code ~ Coccia
On October 23, 2002, the MCEB (Municipal Code Enforcement Board) continued Case .
39-02 to provide the property owner time apply for flexible development approval of the existing
fence and/or provide documentation showing the fence's preVious location, ,
Building Inspector Mike Coccia stated the property owner had not made appHcation for
flexible development approval. Planner Mark Parry reviewed Code requirements related to new
commercial fencing. Mr. Coccia recommended, 30 days to comply or a $100 per day fine be
imposed. ' '
Property owner Louis Chaconas said staff had told him he did not need to file the
application before the November 21. 2002 deadline. He said the date scheduled for ,
Development Review Committee consideration of his application conflicts with events related to
his wedding. He reviewed his plans for the fence. It was noted the board had suggested Mr.
Chaconas apply for flexible development approval prior to today's meeting, if that process was
his intent. It was stated Mr. Chaconas had not followed the board's recommendation to provide
a plat of the property that indicates the previous fence's location. In response to a question, Mr.
Parry recommended the property owner speak with staff regarding permitted materials for the
, masonry grillwork required for commercial property fences. It was felt 30 days Is sufficient for
the proper:tY 'owner to meet Code.
," Member Williams moved that the property owner be provided 30 days to comply or a
$100 per day fine be Imposed. The motion was duly seconded.
It was recommended the property owner be provided additional time to address the
'fence. It was recommend the fine be increased if required work is not completed by that time.
Member Williams amended his motion the property owner be given 60 days. The
seconder concurred. Member Williams moved that the Municipal Code Enforcement Board
has heard testimony at its regular meeting held on November 13, 2002, and based 011 the
evidence Issued its Findings of Fact, Conclusions of Law, and Order as follows:
FINDINGS OF FACT
After hearing testimony of Inspector Mike Coccia and Planner Mark Parry for City and
Louis J. Chaconas for Respondent, and viewing the evidence. City Exhibits 1 ~8 [Ex. 1 - notice
of violation and order to stop work dated 6/12/02, Ex, 2 - notice of vIolation dated 8/28/02, Exs.
.3 & 4 - affidavit of posting and return receipt, Ex. 5 - applicable code sections, Ex. 6 -property
appraiser printout, Ex. 7 - affidavit of violation & request for hearing, and Ex. 8 - composite
I photographs], it is evident the property is In violation of the City code. A 6-foot chain link fence
was Installed without a permit or Inspection.
mcb1102
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11/13/02
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CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Article IV, Chapter 47,
Section 47.083(2) and Article V. Chapter 47. SecUon 47.111, of the Code of the City of
Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that the Respondent is to correct the aforesaid violation
within 60 days (1/12/03). 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 January 12. 2003. 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 January 12, 2003.
If Respondent does not comply within the time specified. a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pinellas County. Florida. and once
recorded shall constitute a lien against any real, or personal property owned by the Respondent
pursuant to Chapter 162 of the Florida Statutes.
Should the violation reoccur. the Board has the authority to impose the fine at"that time'
without a subsequent hearing.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resulting from a 'public hearing. A petitio'n 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 petitiont the Board will consider whether or not to
reconsider or rehear the case,' The Board will not hear oral argu'ment or evidence in
determining whether to grant the petition to reconsider or rehear.
Upon the vote being taken. the motion carried unanimously.
1 D). Case 41-02
Spence Designs. Inc.
913 N. Ft. Harrison Avenue
Development - Ruud
.In correspondence dated October 30.2002, Inspector Ruud requested Case 41-02 be'
continued to the January 22. 2003 meeting. '
1 E). Case 42~02
landmark Palms Homeownerst Association
landmark Paims Subdivision
Building - Wright
In his November 4. 2002 letter to Board Secretary Diana. Jim Whitehurst. President of
, the landmark Palms Homeowners Association, said he could not attend today's meeting and
mcb1102
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11/13/02
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stated the association had contracted to raze and replace the wall and that work should be
. complete by the week of November 18, 2002. He requested a 30-day extension to complete
demolition and construction work. Building Construction Inspector Bill Wright recommended a
fine be Imposed In 30 days If demolition work Is not complete. The abutting condominium
homeowners association Is afraid the wall will collapse onto their property.
Board Secretary Diana read the Affidavit of Violation & Request for Hearing, issued on
October 8, 2002. Service on the notice of hearing was obtained by certified mail. The date of
Inspection occurred on May 13, 2002, and the Notice of Violation was issued on that same day.
Other dates of notification occurred on July 2, August 7. August 14, September 4, and
September 12, 2002.
. In response to questions from Assistant City Attorney Bryan Ruff, Mr. Wright said he
first inspected the property on May 13. 2002, and noticed the last 200 feet of the association's
south perimeter wall was leaning approximately 6 Inches out of plumb to the south over abutting
property belonging to a condominium association. In spite of numerous telephone
conversations between Mr. Wright and Mr. Whitehurst and the association's attorney, nothing
, has been done. . A signed contract to raze the wall was previously presented to demolish the
.' wall last Jun'e. That did not occur.
. Mr. Wright ldent1fied photographs he had taken of the south perimeter wall belonging to
the Landmark Palms Homeowners Association on May 13, 2002, and Indicated the
photographs are an accurate representation of current conditions. He recommended 30 days
, to comply or a $250 per day fine be imposed, as the wall is an unsafe structure.
Mr. Ruff submitted City Exhibits 1 " 7 for the Landmark Palms Homeowners Association
case.
In response to a question, Mr. Wright said the contractor had indicated the wall should
be removed by November 18, 2002. Board Attorney Ellta Cobbs stated Mr. Whitehurst's
request in his November 4, 2002 letter is unclear. Mr. Wright said compliance will be met when
the wall is removed and does not require replacement. He expressed concern the wall could
collapse into the City's roadway.
Member Martin moved that the Municipal Code Enforcement Board has heard testimony
at its regular meeting held on November 13, 2002, and based on the evidence issued its
Findings of Fact, Conclusions of Law, and Order as follows:
The Municipal Code Enforcement Board has heard testimony at its regular meeting held
on November 13, 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 Inspector WIlliam Wright for City, (Respondent had no
representation), and viewing the evidence, City Exhibits 1"7 [Ex. 1 & 2 - noUce of unsafe
building dated 5/13/02 and return receipt, Ex. 3 - applicable code sections, Ex, 4 -property
appraiser printout. Ex. 5 -letter to Landmark Palms from Inspector Wright dated .8/7/02. Ex. 6-
affidavit of violation & request for hearing, and Ex. 7 - composite photographs]. it Is evident the
'mcb1102
4
11/13/02
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property Is in violation of the City code. A block wall fence around Landmark Palms Is In a
deteriorated condition that creates a serious hazard to the health. safety and welfare of the
public. "
CONCLUSIONS OF LAW
The Respondent by reason orthe foregoing Is In violation of Chapter 47 Unsafe Building
Abatement Code as adopted by Sectlon 47.051 (1 )(e) 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
within 30 days (12/13/02). The burden shall rest upon the Respondent to request a
relnspeclion by the Code Inspector to verify compliance with this Order.
In the event the aforesaid violation is found. In subsequent proceedings by this Board.
not to have been corrected on or before December 13. 2002. 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 December 13. 2002.
If Respondent does not comply within the time specified. a certified copy of the Order
imposing the fine may be recorded In the Publlc 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 petilion 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
deter~lnlng whether to grant the petition to reconsider or rehear.
The motion was duly seconded
,"
In response to a concern. Mr. Wright saId the homeowners association owns common '
~reas in the development. .
: Upon the vote being takent the motion carried unanimously.
mcb1102
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I.
1 F) , , Case 43-02
Harbor Oaks Development L.C.
608 Harold Court
Building - Wright
Board Secretary Diana read the Affidavit of Violation & Request for Hearing, Issued on
October 21 ,2002. Service on the notice of hearing was obtained by certified mail. The Notice
of Violation was issued on March 28. 2002. Other dates of notificatton occurred on May 13,
June 7. and September 18, 2002.
In response to questions from Mr. Ruff, Bill Wright said the property had been cited and
the buildIng placed on the unsafe list on February 1, 1999, when another person owned the
property. The building appears to be full of stored materials. He said steps have not been
taken to raze the structure or repair it. He said the building has a rusted and peeling roof, a dirt
floor, a boarded up'door, and stored construction materials. The building does not meet Code.
, , Inspector Wright identified photographs 'he had taken of the structure in February 1999,
and on October 29, 2002. and,indicated the photographs cue an accurate representation of
current conditions. He said the structure could be razed in 30 days. Repairs could take 6
months. 'He recommended, all permits be obtained within 30 days. with work completed in 90
days or a $250 per day fine be imposed. '
, '
Mr. Ruff submj~ted City Exhibits 1 - 7 for 608 Harold Court.
Property owner Jim Wright said his firm, Harbor Oaks Development L. C., had
purchased the structure as a part of a larger property purchase. He said he was 'not aware the
building had been cited prior to his purchase. He said when his firm constructed the nearby
shopping center, he thought the neglected building could'be of some use. He said recent work
was done to remove a tre'e branch from the roof following a lightening strike. He said the
structure does not have electricity or plumbing. He said doors on the building had been
knocked down during the construction. He said the building was permitted and constructed the
way it stands today. He said he will repair the roof and secure the doors. He said he wants to
continue using the building for storage. He said before he razes the structure, he wants to
. decide the best use for the property. He does not plan to add electricity, He said razing the
structure would be a hardship. He wished the building to remain while he decides what to do
with the property.
t~
I',
In response to a question. Inspector Wright saId bathroom facilities are required In
storage buildings. It was noted the owner had been notified of related problems four times
since the Notice of Violation was issued. The structure must meet current Code before it can
be occupied. Jim Wright said he did not need to use the building. Mr. Wright suggested it
would be sufficient for the property owner to secure the roof of the building and doors and allow
visibility of the structure's interior, for staff inspection. He expressed concern the building not
be used by transients. He said he could work with the property owner for any needed extension
of time. He recommended the building be secured according to Code, within 30 days or a $250
per day fine be Imposed.
mcb1102
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Member Allbritton moved that the Municipal Code Enforcement Board has heard
testimony at its regular meeting held on November 13, 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 Inspector William Wright for City, and Jim White for
,Respondent. and viewing the evidence, City Exhibits 1R7 [Ex. 1 & 2 - notice of unsafe building
dated 3/28/02 and return receipt. Ex. 3 - applicable code sections. Ex. 4 -property appraiser
printout. Ex. 5 -letter to Harbor Oaks Development from Inspector Wright dated 617/02, Ex. 6-
affidavit of violation & request for hearing, and Ex. 7 - composite photographs]. it is evident the
property is in violation of the City code. A structure' is in a deteriorated condition creating a
serious hazard to the health. safety and welfare 'of the public.
, CONCLUSIONS OF LAW
, "
The Respondent by reason of the foregoing is In violation of Chapter 47 Unsafe Building
. Abatement Code as adopted by Section 47.051 (1 )(e) 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 secure the building according to
city regulations within 30 days (12/13/02). The burden shall rest upon the Respondent to
request a relnspection by the Code Inspector to verify compliance with this .Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board.
not to have been corrected on or before December 13, 2002. 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 December 13, 2002.
If Respondent does not comply within the time specified, a certified copy of the Order
imposing the fine may be recorded In the Public Records of Pinellas County, Florida. and once
recorded shall constitute a lien against any real or personal property owned by the Respondent
pursuant to Chapter 162 of the Florida Statutes.
Should the violation reoccur, the Board has the authority to impose the fine at that time
without a subsequent hearing. .
Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resulting from a' public hearing. A petition for rehearing must be made In writing and filed with'
the Board Secretary no later than thirty days after the execution 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.
mcb1102
7
11/13/02
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1G) Case 44-02
North Bay Community Church
3190 McMullenRBooth Road
Building - Wright
Board Secretary Diana read the Affidavit of Violation & Request for Hearing, Issued on
October 8, 2002. Service on the notice of hearing was obtained by certified mail. The Notice of
Violation was issued on July 12, 2001. Other dates of notification occurred on September 12,
20,01 t May 10, May 22, and July 16,2002. On September 12, 2001, the BAABF (Board of
, Adjustment and Appeal on Building/Flood Control) had granted the church 90 days to obtain
soil reports. The owners of the building have failed to comply with the Unsafe Notice and with
the BMF's order.
Representative Fred EIchelberger admitted the violation exists but requested a 6-month
extension to comply. Representative Patrick Garrett said a sinkhole claim has been filed with
the church's insurance company. Mr. Wright said until the soil reports are provided, no one can
determine why the building is cracking. He said he first inspected the structure on July 3, 2001,
and noted numerous cracks in the north wall. He said problems could be related to a clay
pocket or slnkhol~. He said nothing has been done to address the problem in the past year.
Mr. Wright reviewed photographs he had taken of the building on June 21, July 3, and
September ii, 2001, and on April 2, and November 12, 2002, and indicated the photographs
are an accurate representation of current conditions. He recommended 30 days to obtain a
soils repo"rt or a $250 per day fine be Imposed. He said people continue to use the three-story
building. The soli report would indiCate what needs to be done to repair the building. He
expressed concern the building's main power source is behind a major crack.
Mr. Ruff submitted City Exhibits 1 - 6 for 3190 McMullen-Booth Road.
Mr. Eichelberger said it has been difficult to get the church's insurance company to
admit liability for sinkhole issues. Testing is scheduled to begin on November 18, 2002. . He
said it may be difficult to obtain a copy of the soil report from the insurance company. Mr.
Garrett estimated the soil report should be available In three weeks for engineers to determine
the best way, to repair related damage. However. as the church has no control over the
process, which could be'delayed, he requested additional time.
Concern was expressed the problem has been ongoing for an extended time period and
that childre'n use the building. Assurance was requested that the structure will be repaired even
,if the insurance company provides no money. Mr. Eichelberger said the building will be '
repaired or razed. He reviewed problems the church has had with the Insurance company. It
. was recommended the insurance companyts attorney be advised of today's ruling, to hold them
liable for this fine if delays continue.
Member Cole moved that the Municipal Code Enforcement Board has heard testimony
at its regular meeting held on ,November 13; 2002, and based on the evidence Issued Its
, Findings of Fact, Conclusions of Law, and Order as follows:
mcb1102,
8
11/13/02
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FINDINGS OF FACT
After hearing testimony of Inspector WilHam Wright for City, and Patrick H. Garrett, and
Fred J. Eichelberger for Respondent, and viewing the evidence, City Exhibits 1-6 [Ex. 1 & 2 -
notice of unsafe building dated 7/12/01 and return receipt. Ex. 3 - applicable code sections, Ex.
4 ';"property appraiser printout. Ex. 5 - affidavit of violation & request for hearing. and Ex. 6 - '
composite photographs], it Is evident the property Is In violation of the City code. A structure Is
. In a deteriorated condition relating to sinkhole activity. ' '
CONCLUSIONS OF LAW
. , ,the Respondent by reason of the foregoing is in violation of Chapter 47 Unsafe Building
Abatement Code as adopted by Section 47.051(1)(e) of the Code of the City of Clearwater, '
Florida, ,in'that the Respondent has failed to remedy the cited violatlon(s). '
.'('
ORDER
I ~ '., ~
" .
,
, 'It Is the Order of the Board that the Respondent is to provide a soil report to the City' .
within 30 days (12/13/02). The burden shall rest upon the Respondent to request a
reinspection by the Code Inspector to verify compliance with this Order.
. ' In tne event the aforesaid violation is found, In subsequent proceedings by this Board,
not to have been corrected on or before December 13, 2002, the Respondent may be ordered
to pay ,a fine In the amount 9f two hundred fifty and no/100 dollars ($250.00) per day for each
day the violation continues beyond December 13, 2002.
If Respondent does not comply within the time spectfled, 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 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 par:ty 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 flied 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
. det"ermlning whether to grant the petition to reconsider or rehear.
The motio~ was duly seconded and carried unanimously.
mcb1102 .
9
11/13/02
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1 H) Case 45-02
Isa a. Dauti
,1535 Gulf-to-Say Boulevard
Building - Wright
, "
Board Secretary Diana read the Affidavlt of Violation & Request for Hearing, Issued on
October 8. 2002. Service on the notice of hearing was obtained by certified mall. The Notice of
Violation wa's issued on June 18, 2002. Other dates of notification occurred on July ii, July 30,
August 7. September 17, and September 24.2002.
Property owner Isa a. Dautl admitted violations exist. He said he plans to repair the
structure: Mr. Wright said yesterday he had IT)et with the roofE/r, who Indicated he will, be
obtaining permits soon. Mr. Wright said the roof leaks In every section of the building. The
owners of the previous restaurant had moved out of the building without contacting the owner.
He said repairs will take a while. He recommended 30 days to comply or a $250 per day fine
be Imposed. He said once the work on the roof is underway, he will work with the property
owner to make electrical and mechanical repairs and rehabilitate the interior.
..,,',
, ,
.Men:tber WilUams moved that the Municipal Code Enforcement Board has heard
testimony at Its regular meeting held on November 13; 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 Inspector William Wright for City, and Isa Dauti for
Respondent, and admission to the violation; it is evident the property is In violation, of the City
code. The roofing system of a building structure has deteriorated and flooded the interior.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing Is in violation of the Standard Unsafe
Building Abatement Code as adopted by Section 47.051 (1)(e) of the Code of the City of
,ClealWater, 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 repair the roofing system within 30
days (12/13/02). The burden shall rest upon the Respondent to request a reinspectlon by the
Code Inspector to verify compliance with this Order.
In the event the aforesaid violation is found, in subsequent proceedings by this Board,
,not to have been corrected on or before December 13, 2002, the Respol1dent 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 co'ntlnues beyond December 13, 2002. '
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 PlnellasCounty; Florida, and once
recorded shall constltut~ a lien against any real or personal property owned by the Respondent
pursuant to Chapter 162 'of the Florida Statutes.
mcb1102
10
11/13/02
, ,
',I .
~~ .
Should the violation reoccur, the Board has the authority to impose the fine at that time
wlth~ut a subsequent hearing.
Any aggrieved party may petition the Board to reconsider or rehear any Board Order
resiJlting from a public hearing. A petition for rehearing must be made In writlng and filed with
the Board Secretary no later than thirty days after the exec,utlon of the Order and prior to the
filing of any ap'peal. 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. '
o. 0 , "
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The motion was duly seconded and carried unanimously.
.. ' ITEM #2 ...; Unfinished Business
. ~ .:,' ,
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, ,
Case 21-0.2 Affidavit of Non-Compliance
'Robert Petit "
1009 Woodlawn Street
Building Code -' Coccia
"
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Member Cole moved to accept the Affidavit of Non~Compliance and issue the order
,imposing the fine for Case #21-0.2. The motion was duly seconded and carried unanimously.
c" 28)
'" ,.
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2C)
.
Case 34w02 Affidavit of Compliance
Donald Zeitler
1700 N. Ft Harrison Avenue
" Development Code - Phillips
Case NO.. 35~02 Affidavit of Comp'Uance
EI Amir of Tampa 'Co.
20.99 Highland Avenue
Development Code - Kurleman ,
. .
2D) ,Case No. 36~02 Affidavit of Compliance '
Alex Arl Florida Co.
90.1 Venetla Bay Boulevard
Development Code - I<urleman
, Member .WiIIlan:Js moved to accept the Affidavits of Compliance for Cases #34-02j #35-
0.2, and #36wo.2. The motion was duly seconded and carried unanimously. '
Item #3 - Other Board ActlonlDlscusslon - None.
" "
,"
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, "
. Item #4 - New Business
No meeting Is scheduled for December 200.2.
" ,
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, 11113/02
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c Item #5 _ Nulsance'Abatement Lien Filings,
,Anne G~ Park - UTO 7.-19-90 "
. 1481 Hamlet Avenue
. ',' Bellealr Highlands, Blk 0, 850"
of Lots 1, 2, 3 and 4
,
,Isa Oautl '
, ,,1535 Gulf to' Bay Boulevard
c Druid Hills, Lots 21, 22 a,nd 23 '
, ,
,John H. Snyder IV
, 502 Palm Bluff Street" .
Palm Bluff 1st Addition, ESO' Lots 6.7
. Cha'rles H. and Klrstl A. Anderson
,'1101...Wood Avenue' ,
Bonalr Hill Sub, Blk 0, Lot 1 and W25'
'of Lot 2', ..
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PNU2002.00953
, ,
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$320,
PNU2002-00876 '
$320
PNU2002-01039
, $320
PNU2002-01199
$320
Member Martin 'moved to accept the nuisance abatement Iierdillngs. The motion was
,: duly, secOnded and carri~d unanimously.
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Item #6 ~Approval of Minutes
I,"
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,', .', Membereole moved,to approve the minutes of the regular meeting of October 23,
, 2002~ as submitted in written summation to each board member:' The motion was duly .
seconded and carried unanimously. ' ,
, I. .,
Item #7 ..:. Adlournment
. The meeting adjourned at 5:00 p.m.
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" 'mcb1102'
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11/13/02