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03/22/2006 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER March 22, 2006 Present: Douglas J. Williams Chair Richard Avichouser Board Member Kelly Sutton Board Member Richard Adelson Board Member Absent: Joyce Martin Board Member George Krause Board Member Jay Keyes Vice-Chair Also Present: Bryan Ruff Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall, followed by the Pledge of Allegiance. 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 days of the execution of the order. Florida Statute 286.0106 requires any party appealing a decision of this Board to have a record of the proceedings. 1. PUBLIC HEARINGS A. Case 08-06 Frederick S. Bachmann 1010 Turner St. Exterior Surfaces, Door & Window Openings, Exterior Storage - DeBord Inspections Specialist Alan Ruud said Items 1A, 1B, and 1C relate to contiguous properties. Frederick Bachmann, owner of properties at 1006, 1010, and 1014 Turner Street, admitted to the violations. Assistant City Attorney Bryan Ruff submitted composite Exhibits 1 and 2. He said staff is recommending the property be brought into compliance by July 17, 2006, or a fine of $250 per day, per parcel, be imposed. Mr. Bachmann agreed to comply with staff’s recommendations. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on March 22, 2006, after due notice to the Respondent(s), and having Code Enforcement – 2006-03-22 1 heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that exterior surfaces of the building have not been maintained and exterior storage of tires, trash, etc. is occurring on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) is/are to correct the aforesaid violation by July 17, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Rick DeBord, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to 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(s) 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. motion carried The was duly seconded and unanimously. B. Case 09-06 Frederick S. Bachmann 1006 Turner St. Exterior Storage, Exterior Surfaces, Door & Window Openings, and Landscaping Required - DeBord See discussion of Item 1B, Case 09-06, on page 1. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on March 22, 2006, after due notice to the Respondent(s), and having Code Enforcement – 2006-03-22 2 heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that exterior storage of tires, trash, etc. is occurring on the property, exterior surfaces of the building and landscaping have not been maintained. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) is/are to correct the aforesaid violation by July 17, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Rick DeBord, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to 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(s) 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. motion carried The was duly seconded and unanimously. C. Case 10-06 Frederick S. Bachmann 1014 Turner St. Exterior Surfaces, Door and Window Openings, and Residential Grass Parking - DeBord See discussion of Item 1C, Case 10-06, on page 1. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on March 22, 2006, after due notice to the Respondent(s), and having Code Enforcement – 2006-03-22 3 heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident property maintenance and residential parking requirements are not being met. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) is/are to correct the aforesaid violation by July 17, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Rick DeBord, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to 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(s) 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. motion carried The was duly seconded and unanimously. D. Case 11-06 Church Of Scientology Religious Trust 215 S. Ft. Harrison Ave Fees & Required Inspections - Wilson Uli Huber, representative, requested a continuance, stating they are currently installing temporary landscaping as requested by staff. Attorney Ruff said the landscaping issue is separate and not part of today’s hearing. The February 22, 2006, compliance date, established in the Notice of Violation, has expired and permits for the structure’s shell have not been reactivated. Code Enforcement – 2006-03-22 4 Mr. Huber disagreed with the violations. Building Official Kevin Garriott provided a power point presentation. He said staff issued a stop work order and the initial notice of violation on February 2, 2006. The building permit, issued in early 2000, had expired on November 20, 2004. Mr. Garriott presented current photographs of new landscaping installations on the property, and photographs of the site as it appeared on February 8, 2006, littered with debris, overgrown, and surrounded by dilapidated fencing. He said the property had remained in that condition for a significant length of time. He recommended permits for the shell be reactivated within 90 days, and that construction on the shell be finished and final inspections be completed within 180 days, or a fine of $250 per day be imposed. Attorney Ruff submitted composite Exhibits 1 and 2. In response to a question, Mr. Garriott said 90 days is sufficient to reactivate the permit and 180 days is sufficient to complete the shell and close out the permit. He said the expired permit did not cover any interior work. A question was raised if a new site plan will be required, and Mr. Garriott said only if there have been changes made. Mr. Huber said the city requested temporary landscaping be installed and requested a continuance to allow time to finish installing it. Development & Neighborhood Services Director Jeff Kronschnabl said staff has met with church representatives on a regular basis regarding the site’s cleanup, which is a separate issue. This hearing addresses violations related to expired permits for the building’s shell. Project permits originally were pulled six years ago and the City desires closure on the project. In response to a question, Mr. Huber said reactivating the permits and completing the shell should not be a problem. James Bond, representative, said there is no disagreement about the need to renew the permits. He said renewing the site plan is a complex matter and requested reasonable time. He said he did not know the permits had expired nor what work needed to be completed prior to final inspection. Mr. Garriott reported the City officially notified the church in February 2006 the permits had expired. In response to a question, Mr. Kronschnabl reviewed the temporary landscaping plan, separate from the final plan. Mr. Bond felt board enforcement was not necessary at this time as the temporary landscaping is almost complete and they are working on renewing their permits. Mr. Huber said interior permits will be activated once the shell is complete. Discussion ensued regarding Mr. Huber’s request that two openings remain in the shell until interior work is completed. Mr. Salzman said that request is beyond board purview, as the board only can determine if a violation exists and an appropriate compliance date. Code Enforcement – 2006-03-22 5 Mr. Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on March 22, 2006, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that the shell permit has expired without final inspections. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) is/are to correct the aforesaid violation by activating the required permits within 90 calendar days from the date this Board’s Order is sent and to complete work and obtain required inspections within 180 calendar days from the date this Board’s Order is sent certified mail to the Respondent(s). If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Kyle Wilson, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to 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(s) 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. motion carried The was duly seconded and unanimously. E. Case 12-06 Frank P. Barlow Tre 1135 Lakeview Rd. Exterior Storage - Ruud Secretary for the Board Mary K. Diana reported property owner Frank Barlow had telephoned indicating the property was in compliance and requested a continuance, as he could not be present today. Mr. Ruud reported the property was still out of compliance when he Code Enforcement – 2006-03-22 6 checked it today at 2:00 p.m., although some corrective actions have occurred. He recommended the board move forward with a declaration of violation. Mr. Ruud provided a power point presentation. He first inspected the property on December 6, 2005, after noticing concrete blocks piled adjacent to the right-of-way, and issued a Notice of Violation. He presented photographs of the property taken December 6, 2005, which showed the exterior storage of construction materials, a violation of Code. He said at that time, Mr. Barlow stated that he would not remove the blocks. Mr. Ruud returned to the property on January 31, 2006, and the concrete blocks remained in the yard. He recommended the property be brought into compliance within 30 days, or a fine of $250 per day be imposed. Composite Exhibits 1 and 2 were submitted. In response to questions, Mr. Ruud said the number of concrete blocks stored outside had increased during the past three months. No permits are active for the property. To comply, all concrete blocks need to be removed. Member Sutton moved This case came before the City of Clearwater Code Enforcement Board on March 22, 2006, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues the following Findings of Fact, Conclusions of Law, and Order: FINDINGS OF FACT Based upon the testimony and evidence received, it is evident that exterior storage of concrete blocks, etc. is occurring on the property. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of the Board that the Respondent(s) is/are to correct the aforesaid violation by or within 30 calendar days from the date this Board’s Order is sent certified mail to the Respondent(s). If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250.00 per day for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Ruud, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fails/fail to 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(s) 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. Code Enforcement – 2006-03-22 7 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. motion carried The was duly seconded and unanimously. F. Case 13-06 Robert J. Clarke Jr. 905 Woodley Rd. Fees and Required Inspections - Coccia Item 1F, Case 13-06 for 905 Woodley Road was withdrawn. G. Case 14-06 Marilyn A. McNicholas 1464 Grove St. Fees and Required Inspections - Coccia Item 1G, Case 14-06 for 1464 Grove Street was withdrawn. 2. UNFINISHED BUSINESS A. Case 30-05 – Affidavit of Compliance Nicholas J. Chachula 605 Maple St. Roof Maintenance, Exterior Surfaces, Inoperative Vehicle, & Lot Clearing - Ruud AND B. Case 01-06 – Affidavit of Compliance Phillip Matonte 307 Leeward Island Permits & Inspections – Garriott AND C. Case 36-05 – Affidavit of Compliance Robert Schoeller 632 Drew St. Permits & Inspections – Wright Code Enforcement – 2006-03-22 8 AND D. Case 01-05 – Affidavit of Compliance Five Oaks South, LLC / Patapis, Steve Est 443 East Shore Dr. Parking Lot Surfaces, Outdoor Display/Storage, Exterior Surfaces, Door & Window Openings, Windows, Lot Clearing, Fences, Rotten Boards – Phillips Member Avichouser moved to accept the Affidavits of Compliance for Cases 30-05, 01- motion carried 06, 36-05, and 01-05. The was duly seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 12-97 – Request for Fine Reduction (Future Meeting) John C. Gardner 1024-1026 N. Missouri ($7,000) Mr. Ruud said the vacant lot has a new owner but recommended that ongoing Code violations related to garbage, debris, and abandoned vehicles be resolved. Ms. Diana reported the new property owner, Habitat for Humanity, is requesting a fine reduction. Mr. Salzman recommended that the board discuss ongoing violations when it considers a fine reduction. Member Avichouser moved to approve the request regarding a fine reduction at a future motion meeting for 1024-1026 N. Missouri Avenue, Case 12-97. The was duly seconded and carried unanimously. B. Cases 38-96, 23-02, 32-02 – Request for Fine Reduction (Future Meeting) Jeffery E. Eller/E. G. Bradford & Sons property 111 S. Belcher Road (Market value: $158,700 – 2004; $193,500 - 2005) Member Avichouser moved to approve the request regarding a fine reduction at a future motion meeting for 111 S. Belcher Road, Cases 38-96, 23-02, 32-02. The was duly seconded carried and unanimously. 4. NEW BUSINESS Consensus was to schedule a Work Session related to procedural issues following a future meeting. 5. NUISANCE ABATEMENT LIEN FILINGS: Thomas Floyd, Sr. PNU2005-03307 1315 N Betty Ln. Pine Ridge Blk E, Lots 8 & 9 $200 Code Enforcement – 2006-03-22 9 . . . Yitzhak Mor 16 S. Pegasus Ave. Sky Crest Unit No 5, Blk A, Lot 4 PNU206-00106 $200 Member Avichouser moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - February 22,2006 Member Sutton moved to approve the minutes of the regular meeting of February 22, 2006, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT: The meeting adjourned at 4:08 p.m. Su ~ weD&- '_ Chair~ Municipal~ode Enforcement Board Attest: ~~ Secr ry 0 'the Board Code Enforcement - 2006-03-22 10