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06/28/2006 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 28, 2006 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair George Krause Board Member Richard Avichouser Board Member Kelly Wehner Board Member Richard Adelson Board Member Absent: Joyce Martin Board Member Also Present: Leslie Dougall-Sides 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 32-06 Jozef Bogacki 1451 Cleveland St. Property Maintenance – Espinosa Lucia Bogacki, wife of property owner Jozef Bogacki, admitted to the violations related to Cases 32-06, 33-06, 34-06, and 35-06. Development Services Manager Bob Hall said extensive maintenance issues on the properties are longstanding. Since Ms. Bogacki contacted staff, after the compliance date, she has made great strides in resolving violations. He recommended that the four properties be brought into compliance by December 1, 2006, or a $200 per day fine be imposed for each property that does not comply. Staff has reviewed with Ms. Bogacki the Code related to repeat violations and the inflexibility of the compliance deadline. Ms. Bogacki said she could complete necessary work prior to the deadline. Assistant City Attorney Leslie Dougall-Sides submitted City composite exhibits for Cases 32-06, 33-06, 34-06, and 35-06. Code Enforcement 2006-06-28 1 Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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, admission of guilt, and evidence received, it is evident the exterior of the building has not been maintained and the property requires ground cover. 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 December 1, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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 Nilda Espinosa, 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. Code Enforcement 2006-06-28 2 B. Case 33-06 Jozef Bogacki 1455 Cleveland St. Property Maintenance – Espinosa See page one for related discussion. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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, admission of guilt, and evidence received, it is evident the exterior of the building has not been maintained, the fence is leaning and has rotten and broken boards, exterior storage of various items is taking place, and the property requires ground cover. 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 December 1, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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 Nilda Espinosa, 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. Code Enforcement 2006-06-28 3 C. Case 34-06 Jozef Bogacki 1454 Park St. Property Maintenance – Espinosa See page one for related discussion. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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, admission of guilt, and evidence received, it is evident the exterior of the building has not been maintained and the property requires ground cover. 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 December 1, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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 Nilda Espinosa, 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. Code Enforcement 2006-06-28 4 D. Case 35-06 Jozef Bogacki 15 S. San Remo Ave. Property Maintenance – Espinosa See page one for related discussion. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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, admission of guilt, and evidence received, it is evident the exterior of the building has not been maintained, the fence has broken boards, automobile parts and wood are being stored on the property, and the driveway is deteriorating. 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 December 1, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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 Nilda Espinosa, 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. Code Enforcement 2006-06-28 5 E. Case 36-06 William D. Rutenbeck 1477 Drew St. Property Maintenance – Espinosa When the case was called, no one was present to represent the property owner. Code Enforcement Inspector Nilda Espinosa provided a power point presentation. Violations relate to exterior surfaces, exterior storage, and inoperative vehicles. The first inspection was on October 28, 2005 and the initial notice of violation was issued on November 16, 2005. Ms. Espinosa presented photographs of the site as it appeared on October 28, 2005, with peeling paint on exterior surfaces, exterior storage, trash and debris in the yard, and three vehicles that lacked registration. Additional photographs, taken on April 11, 2006, showed a recreational vehicle between the house and right-of-way, minimum painting accomplished, the same unregistered vehicles, a Mazda pickup truck with expired tags, and outside storage of rug padding, a dresser, storm doors, tires, and screen and interior doors. Ms. Espinosa recommended actions to be compliant: 1) Finish painting the building; 2) Remove all exterior storage; and 3) Remove all inoperative vehicles. She visited the site today and only the west side of the building had been painted, the pickup truck lacked tags, and exterior storage existed. She recommended that corrective actions be completed within 30 days, or a fine of $200 per day be imposed. Property owner William Rutenbeck arrived at the meeting and admitted to the violations. Staff did not object to his request for 45 days to complete his efforts. Attorney Dougall-Sides submitted City composite exhibits. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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¸ admission of guilt, and evidence received, it is evident the exterior of the building has not been maintained; automobile parts and tires, building material and interior furniture are stored on the property; and inoperable vehicles are parked 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. Code Enforcement 2006-06-28 6 ORDER It is the Order of the Board that the Respondent(s) is/are to correct the aforesaid violation by August 15, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $200 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 Nilda Espinosa, 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. F. Case 39-06 Carol Y. Gilpin 1213 Caracas Ave. Hauling trailer – Franco No one was present to represent the property owner. Code Enforcement Inspector Peggy Franco provided a power point presentation. The violation relates to a hauling trailer in the area between the principal structure and street right-of- way. The first inspection was on August 17, 2005 and a courtesy letter was sent the next day. Ms. Franco presented photographs of the site as it appeared on August 17, 2005, showing a hauling trailer in the area between the principal structure and street right-of-way. A further inspection occurred on October 1, 2005, and the initial notice of violation was issued on November 6, 2005. Ms. Franco said the property has come into compliance from time to time, but falls out again when the hauling trailer is returned to the property. The trailer was present during her inspections on April 7, 18, and 19, 2006. Photographs of the site as it appeared on April 19, 2006, showed a hauling trailer between the principal structure and street right-of-way. The property was posted with the notice of hearing on June 16, 2006. Ms. Franco recommended the property be in compliance by July 5, 2006, or a $100 per day fine be imposed. She said the trailer was not present when she inspected the property Code Enforcement 2006-06-28 7 today and requested a declaration that the violation was corrected prior to today’s hearing and that the Board may order a fine if a repeat violation occurs. Attorney Dougall-Sides submitted City composite exhibits. Member Avichouser moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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, Respondent was not represented, it is evident a hauling trailer was parked/stored between the principal structure and the street right- of-way on a residentially zoned property, however, it is further evident this condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent by reason of the foregoing was in violation of the Code of the City of Clearwater, Florida, as referred in the Affidavit in this case. ORDER It is the Order of the Board that no fine will be imposed against the Respondent. The Board further orders that if Respondent repeats the violation referenced herein, the Board may order the Respondent to pay a fine for each day the violation exists after the Respondent is notified of the repeat violation. 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 the 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. motion carried The was duly seconded and unanimously. G. Case 43-06 Charles Allen 321 N. Duncan Ave. Property Maintenance – O’Neil No one was present to represent the property owner. Code Enforcement 2006-06-28 8 Code Enforcement Inspector Corey O’Neil provided a power point presentation. The violations relate to exterior surfaces, roof maintenance, an inoperative vehicle, and a RV (Recreational Vehicle) in the area between the principal structure and street right-of-way. The first inspection was on October 20, 2004, and a notice of violation was issued on January 12, 2005. Additional inspections occurred on November 23, 2005, February 27, and April 14, 2006. Another notice of violation was issued on November 6, 2005. Mr. O’Neil presented photographs of the property as it appeared on April 7, 2006, showing a RV in the driveway between the principal structure and street right-of-way, an automobile on the grass, paint peeling on the soffit, rust on the posts, missing and rotted soffit and fascia, a tarp covering a portion of the roof, and an inoperative pickup truck in the back yard. Photographs of the site as it appeared on June 27, 2006, show two automobiles without tags on the grass, a RV in the driveway, and an inoperative pickup truck in the back yard. Mr. O’Neil said none of the violations had been addressed. Mr. O’Neil recommended actions to be compliant: 1) Repair and/or replace all needed items on exterior surfaces and roof; 2) Remove RV from driveway; and 3) Remove or store inoperative vehicles in a garage or carport or make operable, including current registration tags. He recommended that corrective actions be complete by August 1, 2006, or a fine of $50 per day be imposed. Attorney Dougall-Sides submitted City composite exhibits. Mr. Hall said problems with this property are long term. A time lapse since the first inspection occurred while staff worked with social service agencies to help the property owner, who is elderly. However, the property owner would not accept outside help nor bring the property into compliance. The City has received ongoing citizen complaints. In response to questions, Mr. Hall said he is not permitted to inspect the home’s interior to determine if it is habitable. All of the City’s inspectors have discussed compliance issues with the property owner. Member Wehner moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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, Respondent was not represented, it is evident the exterior of the building has not been maintained, an RV is parked between the principal structure and street right-of-way, and inoperable vehicles are parked 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 Code Enforcement 2006-06-28 9 It is the Order of the Board that the Respondent(s) is/are to correct the aforesaid violation by August 1, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $50 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 Corey O’Neil, 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. H. Case 30-06 Thomas W. & Jennie L. Legendy (Cont’d. from 5/24/06) 1481 Union Street Parking – Espinosa No one was present to represent the property owner. Ms. Espinosa provided a power point presentation. Violations relate to parking or storing a hauling trailer and a boat that exceeds 20 feet in length, between the principal structure and the right-of-way of a residentially zoned property. The first inspection was on August 12, 2005, and a notice of violation was issued on August 23, 2005. Ms. Espinosa presented photographs of the site as it appeared: 1) August 25, 2005 - 25- foot boat parked between structure and right-of-way; 2) September 7, 2005 - 25-foot boat and hauling trailer parked in area between structure and right-of-way; 3) November 2, 2005 - 25-foot boat parked in area between structure and right-of-way; 4) February 15, 2006 - 25-foot boat and hauling trailer parked between structure and right-of-way; and 5) March 1, 2006 - 25-foot boat and hauling trailer parked between structure and right-of-way. Ms. Espinosa recommended that the property owner comply with Code by removing the boat from the area between the house and right-of-way and by not parking the hauling trailer in front of the house. She recommended compliance by July 1, 2006 or a fine of $250 per day be imposed. Attorney Dougall-Sides submitted City composite exhibits. Code Enforcement 2006-06-28 10 Ms. Espinosa said the problem has been ongoing since August 2005, with the boat removed from time to time. She has had numerous conversations with the property owners regarding the violations. Concern was expressed, since the Respondents were not in attendance, they would not be provided sufficient notice, if compliance was requested by July 7, 2006. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on June 28, 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, Respondent was not represented, it is evident a 25-foot boat is being parked/stored between the principal structure and the right-of- way on a residentially zoned 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 7, 2006. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $150 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 Nilda Espinosa, 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 The was duly seconded. Members Keyes, Krause, Wehner, Adelson, and Chair carried Williams voted “Aye”; Member Avichouser voted “Nay.” Motion . Code Enforcement 2006-06-28 11 I. Case 15-06 (Cont’d. from 4/26/06 & 5/24/06) Wagenvoord Advertising Group, Inc. 704 / 706 N Myrtle Ave. Broadcast Station/Commercial Zone - Ruud Staff continued Case 15-06 to July 26, 2006. 2. UNFINISHED BUSINESS A. Case 26-05 – Affidavit of Non Compliance Allison V. Thompson 2271 Springrain Drive Permits & Inspections – Coccia Representative Michael Milo requested by letter that this item be continued. Attorney Salzman said the proper venue is for the petitioner to come back before the Board to discuss a reduction of fine after the property is brought into compliance. Member Keyes moved to accept the Affidavit of Non Compliance for Case 26-05 and motion carried issue the order imposing the fine. The was duly seconded and unanimously. B. Case 31-06 – Affidavit of Compliance Michael W. McClure Sandra K. McClure 1447 S. Ft. Harrison Avenue Outdoor Storage/Display - Hall Member Keyes moved to accept the Affidavit of Compliance for Case 31-06. The motion carried was duly seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 18-06 – Request for Reconsideration of Board Order dated 4/26/06 Forrest Culver Tenney, Jr. & Richard Ellis Tenney 1320 Terrace Road The property owner requested by letter that the board schedule a reconsideration of its April 26, 2006, decision. Mr. Hall indicated problems with the property extended back to 1999. It was stated the Board previously had significant discussion regarding this case. Member Keyes moved to deny the request for reconsideration of the Board order regarding motion carried Case 18-06, dated April 26, 2006. The was duly seconded and unanimously. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS– None. Code Enforcement 2006-06-28 12 . 6. APPROVAL OF MINUTES - May 24,2006 Member Keyes moved to approve the minutes of the regular meeting of May 24, 2006, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURN " The meeting adjourned at 3:55 p.m. '--f al Code Enforcement Board Attest: )*~ Secret t the Board . . Code Enforcement 2006-06-28 13