Loading...
01/22/2014 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER January 22, 2014 Present: Duane Schultz Chair Michael Boutzoukas Board Member Sheila Cole Board Member Michael J. Riordon Board Member Wayne Carothers Board Member Absent: James E. Strickland Vice-Chair Sue A. Johnson Board Member Also Present: Andy Salzman Attorney for the Board Camilo Soto Assistant City Attorney Rosemarie Call Acting Secretary to the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 1:30 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 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. 2. APPROVAL OF MINUTES — December 18, 2013 Member Cole moved to approve the minutes of the regular Municipal Code Enforcement Board meeting of December 18, 2013, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 3. CITIZENS TO BE HEARD RE ITEMS NOT ON THE AGENDA: None. 4. PUBLIC HEARINGS 4.1 Case 01-14—Cont'd to 2/26/14 Larry & Gladys Hilkert 2250 Nursery Rd. Development Code Violation — Espinosa Case 0 1-14 was continued to February 26, 2014. Code Enforcement 2014-01-22 1 4.2 Case 02-14—Cont'd to 2/26/14 Larry & Gladys Hilkert 2250 Nursery Rd. Commercial Vehicle in Residential Zoning District/Inoperative Vehicle— Espinosa Case 0 1-14 was continued to February 26, 2014. 4.3 Case 03-14 Riviera Motel LLC 217 Coronado Dr. Public Nuisance Condition/Abandoned Building — Lopez Respondent Anna Rudman admitted to the violation. Inspector Michael Lopez provided a PowerPoint presentation. A notice of violation was issued on October 15, 2013, following the first inspection. Violations at 217 Coronado Drive relate to a Public Nuisance Condition and abandoned building. The property has been vacant since 2010. Property photographs on September 27, 2013 showed the abandoned motel, its hazardous swimming pool with unfiltered, opaque green water and outside storage of a refrigerator, garbage bags, and furniture. A property photograph on January 15, 2014 showed the pool being drained. Member Riordon moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Lopez recommended compliance by March 24, 2014 or a fine of$250 per day be imposed. To comply, the Respondent must present a plan to renovate or raze the structure and then act on the plan. Mrs. Rudman said the person who promised to bring the property into compliance had lied, done nothing he promised, and took all the keys. She said her husband is ill and she cannot handle the situation by herself. She said she recently turned over her paperwork to an attorney. She requested additional time to work out a plan for the property. She said she did not want this to happen. Assistant City Attorney Camilo Soto said the property cannot remain in its current state. Discussion ensued. It was recommended that the affirmative relief portion of the hearing be continued until next month to provide Mrs. Rudman time to develop a strategy re the intended use of the property and to submit a plan of action to bring the property into compliance. Member Boutzoukas moved to continue the affirmative relief portion of the hearing to February 26, 2014. The motion was duly seconded and carried unanimously. 4.4 Case 04-14 Grow Financial Federal Credit Union 1423 Pinebrook Dr. Fences &Walls/Ext. Surface/Public Health, Safety or Welfare Nuisance - Franco Code Enforcement 2014-01-22 2 Respondent representative Connie West, Grow Financial Collection Supervisor, admitted to the violation. Inspector Peggy Franco provided a PowerPoint presentation. Notices of violation were issued on November 6, 2013, following the first inspection. The three violations at 1423 Pinebrook Drive relate to the fence, exterior surfaces, and the swimming pool, which is a public health, safety or welfare nuisance. Property photographs on November 25, 2013 showed a deteriorated and partially collapsed fence, exterior surfaces with mold and mildew stains and peeling paint, and an unsecured, hazardous swimming pool with opaque green water. Property photographs on January 22, 2014 showed the structure was power washed and the pool, which needs to be drained, was covered with metal mesh. The fence was not repaired. Member Boutzoukas moved to find the Respondent(s) in violation of the City of Clearwater Code of Ordinances as referred to in the affidavit in this case. The motion was duly seconded and carried unanimously. Inspector Franco recommended compliance by February 22, 2014 or a fine of$100 per day per violation be imposed. Ms. West said the employee assigned this project had dropped the ball. The credit union took action upon receipt of the notice of hearing and had anticipated all work would be completed before today. Attorney Soto submitted composite exhibits. Member Boutzoukas moved to enter an order requiring the Respondent to correct the violation on or before February 22, 2014. If the Respondent does not comply within the time specified, the Board may order a fine of$100 per day per violation for each day each violation continues to exist. The motion was duly seconded and carried unanimously. This case came before the City of Clearwater Municipal Code Enforcement Board on January 22, 2014, 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 a public health, safety or welfare nuisance exists re the unmaintained swimming pool, exterior surfaces have faded and failing paint, and the fence is leaning, falling, and in disrepair. A representative of the Respondent(s) was present. CONCLUSIONS OF LAW The Respondent(s) is/are in violation of the City of Clearwater Community Development Code Section(s) 3-808, 3-808.A.1, 3-808.A.2, 3-808.A.3, 3-808.A.4, 3-808.A.5, 3-1502.113 & 3- 1502.B.5, as referred in the Affidavit in this case. Code Enforcement 2014-01-22 3 ORDER It is the Order of the Board that the Respondent(s) shall paint exterior surfaces, service, maintain, or drain the swimming pool, and repair, replace and/or remove the fence to comply with said Section(s) of the City of Clearwater Community Development Code by February 22, 2014. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of$100.00 per day per violation for each day each violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector Peggy Franco, 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 property owned by the Respondent(s), pursuant to Chapter 162, Florida Statutes. The Respondent may request a rehearing of the decision of the Board, in writing, and delivered to the City Clerk within ten (10) days of the postmark of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law which was fundamental to the board's decision. The written request for rehearing shall specify the precise reasons therefor. Upon receipt of a request for rehearing, the Board shall determine whether or not to rehear the matter; the Board will not hear oral argument or evidence when making this decision. Any aggrieved party may appeal a final Order of the Municipal Code Enforcement Board by commencing appropriate proceedings in the Circuit Court of Pinellas County within 30 (thirty) days of the Order. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Municipal Code Enforcement Board. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the Board's proceedings. DONE AND ORDERED this 22nd day of January 2014, at Clearwater, Pinellas County, Florida. 5. UNFINISHED BUSINESS 5.1 Case 55-13 Affidavit of Compliance Smith Healthcare Clearwater LLC 2057 Edgewater Drive Exterior Surfaces — Franco 5.2 Case 49-13 Affidavit of Non-Compliance Freddie & Dorothy Daniels 1610 Kings Highway Door &Window Openings/Fences &Walls/Exterior Surfaces/Roof Maintenance/Public Health, Safety or Welfare Nuisance— Franco 5.3 Case 65-13 Affidavit of Non-Compliance Joshua Meller 1803 Springtime Avenue Code Enforcement 2014-01-22 4 Exterior Surfaces — Franco Member Cole moved to accept the Affidavits of Compliance for Case 55-13 and to accept the Affidavits of Non-Compliance and issue the Orders imposing fines for Cases 49-13 and 65-13. The motion was duly seconded and carried unanimously. 5.4 Election of Chair/Vice-Chair Member Cole moved to appoint James Strickland as Chair and Sue Johnson as Vice- Chair. The motion was duly seconded and carried unanimously. 6. NEW BUSINESS: None 7. NUISANCE ABATEMENT LIEN FILINGS: MARY E WILLIAMS 901 DEMPSEY ST PNU2013-00912 21-29-15-47466-006-0160 $445.08 WELLS FARGO BANK 2180 ACADEMY DR PNU2013-01112 13-29-15-93474-000-0460 $330.33 PACE TECH PROPERTIES INC 601 N GARDEN AVE PNU2013-01171 09-29-15-08622-000-0310 $326.55 IBOLYA RIEDT 2073 SAN MARINO WAY PNU2013-01201 01-29-15-93628-000-0830 $269.25 ELSIE M GRACE EST. 1650 DARTMOUTH ST PNU2013-01206 14-29-15-46584-010-0230 $453.92 W A INC LEWIS 506 N GARDEN AVE PNU2013-01211 09-29-15-60120-000-0060 $275.08 PACE TECH PROPERTIES INC 603 N GARDEN AVE PNU2013-01282 09-29-15-08622-000-0320 $326.55 USA FED NATL MTG ASSN 120 S SAN REMO AVE PNU2013-01333 14-29-15-47016-003-0110 $312.23 Code Enforcement 2014-01-22 5 KEVIN DUVALL 1487 CLEVELAND ST PNU2013-01361 14-29-15-38736-004-0050 $319.82 CELY BOU 2075 CAMELLIA DR PNU2013-01364 13-29-15-34830-000-0080 $325.21 MICHAEL PHILLIPS BONNIE M ZAPLITNY 1000 MARK DR PNU2013-01405 15-29-15-82206-000-0550 $391.90 , CHRISTINE LYNNE FELIX 1247 S HILLCREST AVE PNU2013-01420 23-29-15-28980-000-0170 $297.58 WILLIAM BOOZER 2060 LOS LOMAS DR PNU2013-01471 01-29-15-93628-000-1640 $282.94 LINDA BROWN 1182 IVA ST PNU2013-01532 03-29-15-28674-003-0060 $345.88 BARBARA SUERTH 2048 SAN MARINO WAY PNU2013-01637 01-29-15-14347-000-0010 $292.09 WILLIAM J HALLISKY 904 PALMETTO ST PNU2013-01657 10-29-15-45000-006-0010 $361.22 ERNEST OWENS SR 1755 FULTON AVE PNU2013-01682 03-29-15-01926-002-0030 $427.12 RAFE K BANKS 1465 JOEL LN PNU2013-01684 02-29-15-10926-000-0460 $327.11 SEAN P BURKE 2904 SR 590 PNU2013-01690 05-29-16-78580-009-0130 $269.25 LISA HALL SYLVESTER HALL Code Enforcement 2014-01-22 6 1706 SHARONDALE DR PNU2013-01704 02-29-15-98982-000-0570 $370.73 JEROME C CONLEY 1811 BELLEMEADE DR PNU2013-01706 02-29-15-98964-000-0500 $382.53 GONYEA, JUDITH A EST 1502 ARIES LN PNU2013-01715 11-29-15-82630-000-0060 $363.95 ANGELIKI KIRIAZIS 1018 SUNNYDALE DR PNU2013-01725 03-29-15-86778-000-0380 $284.48 AVRAHAM BENSIMON 309 S PEGASUS AVE PNU2013-01728 13-29-15-82602-002-0030 $409.11 CASEY SIMMONS 612 S HILLCREST AVE PNU2013-01730 15-29-15-22752-002-0090 $1,935.00 ANTONISHIA L FULLER GAINEY 1045 WEST AVE PNU2013-01742 10-29-15-85014-002-0230 $1,988.00 STUART J CHARETTE 2065 LOMA LINDA WAY PNU2013-01745 01-29-15-93628-000-1090 $285.25 DIANNA HEETER RON HEETER 1964 DREW PLZ PNU2013-01752 12-29-15-55782-025-0240 $368.16 PHILIP J MATONTE MICHAEL &ASSOC INC WILLIAM 307 LEEWARD ISL PNU2013-01767 08-29-15-43308-000-0340 $385.24 VERONICA J CRANE 809 FAIRWOOD FOREST DR PNU2013-01790 08-29-16-27442-000-0530 $269.25 LYNETTE J JOHNSON KATHERINE D YOUNGBLOOD Code Enforcement 2014-01-22 7 1466 BYRAM DR 02- 29 -15- 87768- 000 -0940 PNU2013 -01808 $397.15 GIBSON, MARLENE J EST 1017 JADEWOOD AVE 4 PNU2013 -01824 08- 29 -16- 99102- 013 -0120 $269.25 BRITTA KOLAR 1742 SUNSET DR PNU2013 -01840 04- 29 -15- 61488- 012 -0020 $376.87 PADDEN, JOSEPHINE THE 51 VERBENA ST PNU2013 -01850 05- 29 -15- 54666- 023 -0070 $364.48 CROOKER, JEFFREY ALLAN EST 1430 LOTUS PATH PNU2013 -01948 14- 29 -15- 66798 - 004 -0090 $289.52 REBECCA FENTON 1051 NOKOMIS ST PNU2013 -01960 03- 29 -15- 59598 - 005 -0580 $423.77 DAVISON, MARK V EST 1535 SHERWOOD ST PNU2013 -01988 11- 29 -15- 39168- 040 -0050 $332.84 1309 SANDY LANE TRUST 1309 SANDY LN PNU2013 -01991 03- 29 -15- 08388 - 004 -0160 $352.06 Member Cole moved to accept the Nuisance Abatement Lien filings. The motion was duly seconded and carried unanimously. 8. ADJOURN: The meeting adjourned at 1:58 p.m. Attest:. ,111 I� Se re ary for the •ard , - OZZ Chair Municipal Code Enforcement Board Code Enforcement 2014 -01 -22 8