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09/24/2003 (2) . '.' '. , . ' 'j . Date '. ,I' MCEB I' " , Mun,jcipal, Code Enfor~ement 'Board Minutes' , ' " . " OVZ4"/03 I , " " , " ' . t 'I , . " . . .' , , , ,', < +' I 'i/l.>, ',' '. I 'II' _ , r '..'., '. .' I . ~. . . . " ,.; , , , , , " ,\ , , " , .' , , I ' , , " ' , , , . " ' > ,j.' , , " . " , , " , , '., . ,l' I,.' 'I ,~' : \ : ", , ' ' " , ' , ,1.. . . ACTION AGENDA City of Clearwater Municipal Code Enforcement Board September 24.2003 1. PUBLIC HEARINGS' A. Case 02-03 - Contd from 9/24/03 ParKslde Clearwater Associates - Property Owner Clear Channel Outdoor, Inc. - Billboard Owner 24639 US Highway 19 N Development - Fox Continued to 10/22/03 B. Case No. 24..03 - Contd from 7/23/03 Tim J. Schemel" 2300 Gulf to Bay Boulevard Development - Kurleman Continued to 10/22/03 ". C. Case 32..03' " Donald K. Jackson " 601 Edenvil1e Avenue Development - Hofferle " , Complied prior; continue compliance or $150/day after 30 days notice D. Case No. 33-03 Donald K. & Juanita P. Jackson "605 Edenville Avenue Development - Hofferle Comply within 30 days or $150/day E. Case No. 34-03 Keith Investments 609 Edenvil1e Avenue Development - Hofferle Comply within 30 days or $150/day F." Case No. 35-03 Sabrooke Trust - Trustee Jeffrey Sandel man 20228 U.S. Highway 19 N Nuisance Appeal - Hofferle Continued to 10/22/03 2. UNFINISHED BUSINESS.. None" . " :."' (;" .3- C '1 . :-1't./ "Code Enforcement" Agenda 2004--0&-2T ,. . aco3~o'i-.:J.~ Code Enforcement Agenda-200~-08-2r ' , I' , f .' I .' , ' .... '" I'" , " ~ . e. . MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER. September 24, 2003 Present: Sheila Cole David Allbritton Joyce Martin George Krause Douglas J. Williams Jay Keyes Chair Vice Chair Board Member Board Member Board Member Board Member Absent: L. Duke Tieman Board Member . Also Present: Bryan Ruff Andrew Salzman Mark K. (Sue) Diana Patricia O. Sullivan Assistant City Attorney Attorney for the Board Secr~tary for t~~ 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 agenda order although not necessarily discussed in.that order. . The Chair outlined the procedures and stated any aggrieved party may ,appeal a final . administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 1 - PUBLIC HEARINGS Case 02-03 - Cont'd from 9/24/03 Parkside Clearwater Associates - Property Owner . Clear Channel Outdoor, Inc. - Billboard Owner 24639 US Highway 19 N Development - Fox Staff continued this case to the October 22.2003 meeting. Case No. 24-03 - Cont'd from 7/23/03 Tim J. Schemel 23qO Gulf to Bay Boulevard Development - Kurleman Staff continued this case to the October 22, 2003 meeting. Code Enforcement 2003.09-24 1 , ..' l \', . i ., 1 1 , ' , , , '. , . ' , ' " , l: I ',\ ~ '" '. .,.,. : '.... ' . . . Case 32-03 Donald K. Jackson 601 Edenville Avenue Development - Hofferle On September 19, 2003, the owner requested hearings for Cases 32-03, 33-03, and 34- 03 be continued until the owners return to town after Thanksgiving. Development Service Manager Bob Hall said the. City received the first complaint regarding this property almost 30 months ago. Since that time, the owner has not been cooperative. After another complaint this year, staff attempted to inspect the property but was not allowed inside. Subsequently, staff was permitted inside one of the properties and observed a violation. The property owner has not responded to three door hangars left on site or telephone calls. The cases involve three single-family residences, next door to each other. Member Keyes moved for the MCEB (Municipal Code Enforcement Board) to consider Cases 32-03, 33-03, and 34-03 today. The motion was duly seconded and carried unanimously. Following a complaint in late 2002, Inspections Specialist Geri Doherty and Code Enforcement Inspector Jana Hofferle attempted to inspect the property. but were not permitted access to the structure. When a unit was advertised for rent, staff obtained access and took photographs on the structure's interior and proceeded with the investigation. In response to questions from Assistant City Attorney Bryan Ruff, Ms. Hofferle said she was assigned the case and first visited the property on December 31, 2002, when she inspected only the outside of the property. In spite of leaving door hangars, posting the property, and sending notices of violation, she had no contact with the owner. The single-family residence, featuring more than one entrance and individual air conditioner units. appears to have more than one living unit. a violation of zoning requirements. Following a January 9. 2003 inspection, Ms. Hofferle issued the official notice of violation on March 7, 2003 and posted the property on September 11 J 2003. Mr. Hall visited the site on May 15, 2003, and spoke with an individual, who claimed to pay $400 per month for his apartment on the south side of the residence. The unit was totally independent from the remainder of the house. Through the outside door, Mr. Hall observed a refrigerator, microwave, bed, and couch. According to the property appraiser's office, the property is taxed as a single- family residence. Mr. Hall was able to access the inside of the property during his August 22, 2003 visit and observed that the owner had divided the structure into two separate dwelling units. Board Secretary Sue Diana reported selVice on the notice of hearing was obtained by , posting it on the property on September 11, 2003. Mr. Ruff presented City Exhibit 6, photographs of the property taken by Mr. Hall on August 22, 2003. Mr. Hall said the photographs show the separate apartment, including the kitchen. The house is not occupied and is currently for sale.' Staff has notified the Realtor the property is zoned as a single-family residence and all rooms need to be kept open as one dwelling. He indicated the photographs are an accurate representation of current conditions. He requested a declaration of violation be issued so the property does not go out of compliance Code Enforcement 2003-09-24 2 . "', L' ,I " / 'I' " "I, ,.., .. . . . again and recommended a $150 per day fine be imposed after 3,0 days if the property goes out of compliance. Mr., Ruff submitted City Exhibits 1 - 6 for 601 Edenville Avenue. No one representing the property owner was present to speak to the issue. Member Keyes moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on September 24, 2003, 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 Jana Hofferle and Development Services Manager Bob Hall, the respondent was not present and had no representation, and viewing the evidence, City Exhibits 1-6 [Ex. 1 - notice of violation; Ex. 2 - affidavit of posting; 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 a single-family dwelling unit had been converted into multi-family dwelling units where only detached units are allowed and was in violation of Section 1-104.B of the Community Development Code. It is further evident that the condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent by reason of the foregoing was in violation of Section 1-104.8 of the Community Development Code of the City of Clearwater, Florida. ORDER It is the Order of the Board that the Respondent is to continue compliance with said Section 1-104.8 of the Community Development Code of the City of Clearwater. If Respondent repeats the violation, the Board may order the Respondent to pay a fine of one hundred fifty and no/100 dollars ($150.00) for each day the violation exists after a thirty-day notice. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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 th~ violator pursuant to Chapter 162, 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. Code Enforcement 2003-09-24 3 i ,', . ' ',,', ~,,,I .' ," : ":,,:' ." ":., I, ,.,' . ' . ~ ,', ' '~.', .' . ,. . ~ i' ,; . . '. Case No. 33-03 Donald K. & Juanita P. Jackson 605 Edenville Avenue , Development - Hofferle Board Secretary Diana said service on the notice of hearing was obtained by posting it on the property on Sept~mber 11, 2003. In response to questions from Mr. Ruff, Ms. Hofferle said she first inspected the outside of the property on December 31,,2002, and observed the structure has three separate entrances. She knocked on the door and left door hangars on June 18, 2003. Owner Juanita Jackson told staff they could inspect the property at any time when they questioned her at the August 14, 2003, DRC (Design Review Committee) meeting at the Municipal Services Building. Staff has had no response from Ms. Jackson'since that date. Mr. Hall said on January 24, 2003, he responded to a newspaper advertisement listing the property for rent and was allowed inside the structure, where he took photographs. showing the rental unit was separate from the rest of the house. Another tenant also had an individual . living area, makin'g a total of three units in the single-family residence. Mr. Ruff presented City Exhibit 6, photographs of the property taken by Mr. Hall on January 24, 2003.' Mr. Hall said the photographs show an air-conditioning unit on the north side of the unit and a microwave and refrigerator inside the unit. Exterior photographs show two entrances and the air-conditioning unit. He indicated the photographs are an accurate representation of current conditions. The property is not in compliance. He recommended 30 days to comply or. a $150 per day fine be imposed. Mr. Ruff submitted City Exhibits 1 - 6 for 605 EdenvilleAvenue. No one representing the property owners was present to speak to the issue. In response to a question. Mr. Hall said the owner, Juanita Jackson, lives in the main portion of the residence. Staff recommends providing the owner 30 days before imposing fines to allow time for removal of the microwave and refrigerator and for tenants to find another place to live. Mr. Hall said walls inside the structure divide it into three units. Member Albritton moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on September 24, 2003, 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 Jana Hofferle and Development Services Manager Bob Hall, the respondent was not present and had no representation, and viewing the evidence, City Exhibits 1-7 [Ex. 1 - notice of violation; Ex. 2 - affidavit of posting; Ex. 3 - applicable code sections; Ex. 4 - property appraiser printout; Ex. 5 - affidavit of violation and request for hearing; and Ex. 6 - composite photographs], it is evident the property is in violation of the City code. A single-family dwelling unit has been converted into multi-family dwelling units where only detached units are allowed. Code Enforcement 2003-09-24 4 "I..~I". ",~.J', .,~', ....;:, ' ":1."". ,/,,'.', ,.~':.~.,,', ~"".:' .I~',\",",,,,:~, '..,,., ,+" " ' .' ',': ",t i, ',' ,','~' ,~,:' :'1' '1; ... j",'," '" ".'" f ~ ~,., ", ".',:, I, 1 ,': .' ;" ~ , I ',, . CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 1 ~ 104. B of the Community Development Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). O~DER It is the Order of the Board that the Respondent is to correct the aforesaid violation by November 1, 2003. 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 November 1, 2003, the Respondent may be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day for each day the violation continues beyond November 1, 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 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 orevidence in determining whether to grant the petition to reconsider or rehear The motion was duly seconded. In response to a question. Attorney for the Board Andy Salzman said even though the property owners are out of town, they are responsible for taking care of these issues. Concern was expressed the violations have occurred over a long period of time and the property owners have been uncboperative with staff. Upon the vote being taken, the motion carried unanimously. Case No. 34-03 Keith Investments 609 Edenville Avenue Development - Hofferle Board Secretary Sue Diana said service on the notice of hearing "was obtained by posting it on the prop~rty on September 11, 2003. " . Code Enforcement 2003-09-24 5 . '. . In response to questions from Mr. Ruff; Ms. Hofferle said she first inspected the outside of the property on December 31,2002, and noticed the structure had an entrance separate from the front door. She attempted to contact the owners by mail and by leaving door hangars. The only response to her contact attempts was a letter from the investment company, which acknowledged receipt of the City's letter. On May 15, 2003, Mr. Hall spoke with someone who said two weeks earlier he had moved into an apartment on the north side of the residence. From the door, Mr. Hall could see no access from the unit into the main portion of the building but did observe a refrigerator, couch; and microwave. He concluded the unit was an independent dwelling. The property is taxed as a single-family residence and no permits have been issued to subdivide the structure. Mr. Ruff presented City Exhibit 6, photographs of the property taken by Mr. Hall on February 5; 2003. Mr. Hall said the photographs show the second entrance to the residence. He indicated the photographs are an accurate representation of current conditions. The property is not in compliance. He recommended 30 days to comply or a $150 per day fine be imposed. Mr. Ruff submitted City Exhibits 1 - 6 for 609 Edenville Avenue. No one representing the property owners was present to speak to the issue. Mr. Hall said the owner is aware of the violation. Member Martin moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on September 24, 2003; 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 Jana Hofferle and Development Services Manager Bob Hall, the respondent was not present and had no representation, and viewing the evidence, City Exhibits 1-6 [Ex. 1 - notice of violation; Ex. 2 - affidavit' of posting; Ex. 3 - applicable code sections; Ex. 4 - property appraiser printout; Ex. 5. - affidavit of violation and request for hearing; and Ex. 6 - composite photographs]; it is evident the property is in violation of the City code. A single-family dwelling unit has been converted into multi-family dwelling units where only detached units are allowed. CONCLUSIONS OF LAW The Respondent by reason of the forego.ing is in violation of Section 1-104.8 of the Community Development 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 November 1; 2003. 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 November 1, 2003, the Respondent may be ordered to Code Enforcement 2003-09-24 6 . 1,1 , " ,t' .', ~ i. I .."; I' . i' .,,' , , .. ' ',,' , " " . . pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day for each day the violation continues beyond November 1,2003. 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 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. Case No. 35..03 Sabrooke Trust -:- Trustee Jeffrey Sandel man 20228 U.S. Highway 19 N Nuisance Appeal- Hofferle . Staff continued this case to the October 22, 2003 meeting. ' 2 - UNFINISHED BUSINESS - None. 3 - OTHER BOARD ACTION/DISCUSSION Request for fine reduction Case 49-97 David A. Grice/Mehler 305 Pennsylvania Avenue Building - Coccia AND Case 14..98 . David A. Grice/Getchel 303 Pennsylvania Avenue Building..;.. Coccia David Grice, owner of properties at 305 and 303 Pennsylvania Avenue reviewed his . efforts to repair the residences and bring the properties into compliance. He said problems, that incurred the fines had occurred before he owned the properties. Ms. piana reported City costs . related to these cases, are $2A09.98. Mr. Hall recommended reducing the fines to City costs . as Mr. Grice has done an admirable jOb rehabilitating the properties. Mr. ,Grice said he did not Code Enforcement 2003~09~24 7 Upon the vote being taken, Members Allbritton, Williams, and Keyes and Chair Cole voted UAyett; Members Martin and Krause voted 14Nay." Motion carried. . want to raze the historic homes and is proud he was able to save them. The fines on the two properties total nearly $1-million. Member Keyes moved to reduce the fines for Case 49-97, 305 Pennsylvania Avenue, and Case 14-98, 303 Pennsylvania Avenue, to $2.409.98, representing City costs related to the properties. The motion was duly seconded. Discussion ensued regarding the accrued fines. Mr. Salzman said previously the property had to meet compliance before the property owner could request a reduction of fine. The boa"rd's Rules of Procedures now permit property owners to request fine reductions and submit their proposal for the property before properties comply. The fines were imposed five and six years ago. Concern was expressed the fine was allowed to continue accruing to an amount far greater than the value of the property. It was recommended the process be reviewed. Concern was expressed the request reduces a fine of almost $1-million to less than $2,500. Request to address board in October for fine reduction Case 19-03 Michael Hendry 1777 Apache Trail (Morrissey/Koppel) Development (Ruud) . Member Williams moved to approve Michael Hendry's request to address the MCEB at the October meeting regarding a fine reduction. The motion was duly seconded and carried unanimously. . 4 - NEW BUSINESS Mr. Salzman suggested at the next meeting, the board discuss and capping fines at a property's assessed value. Ms. Diana will provide a list of current liens for review. Mr. Salzman said the focus of the MCEB is compliance, not punishment. The amount of a fine is arbitrary. He said the board should consider the history of each property, as well as other factors when deciding if a lien should be reduced. 5 - NUISANCE ABATEMENT LIEN FILINGS: George C. Clark 'Investments 2520 Sunset Point Road, #45 Clearwater, FL 33765 PNU2003-01286 (Chevette) $ 2QO PNU2003-01448 (Astrovan) $ 200 George C. Clark Investments 2520 Sunset Point Road, #45 Clearwater, FL 33765 . Code Enforcement 2003-09-24 8 , " ,"-, ' ..,'..', 'I,.' " _: " ' '.' . , I " , " ' .. Freddie McCray 1007 Plaza Street Clearwater. FL 33755 PNU2003-01292 $ 200 Member Allbritton moved to accept the nuisance abatement lien filings, as submitted. The motion was duly seconded and carried unanimously. . 6 .. APPROVAL OF MINUTES - August'27, 2003 Member Keyes moved to approve the minutes of the regul~r meeting of August 27. 2003. as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7 .. ADJOURNMENT ' The meeting adjourned at 4:00 p.m. A~~ ~Chalr Municipal Code Enforcement Board . Attest: . . };ti - 7~1 Clerk/Board Liaison J. . Code Enforcement 2003-09-24 9