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10/25/2006 MUNICIPAL CODE ENFORCEMENT BOARD MEETING MINUTES CITY OF CLEARWATER October 25, 2006 Present: Douglas J. Williams Chair Jay Keyes Vice-Chair Joyce Martin Board Member Kelly Wehner Board Member Richard Avichouser Board Member Richard Adelson Board Member Absent: George Krause Board Member ó Also Present: Carlos Coln 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 58-06 (Continued from 9/27/06) Yield Development, LLC. 1749 Drew St. Grass Parking – O’Neil When the case was called, no one was present to represent the property owner. Inspector Corey O’Neil provided a PowerPoint presentation. He reported acknowledgement of the violation by hand delivering and explaining the violation to the property owner. Violations at 1749 Drew Street relate to grass parking. The initial inspection was done on June 14, 2006, and the notice of violation was issued on July 7, 2006. Additional inspections occurred on August 15, September 27, and October 19, 2006. Photographs taken on the inspection dates indicate numerous vehicles parked on the grass in the rear of the property. Inspector O’Neil recommended the property be brought into compliance by December 1, 2006, or a $150 per day fine be imposed. Assistant City Attorney Leslie Dougall-Sides submitted City composite exhibits. Code Enforcement – 2006-10-25 1 Fernando Acvevo, representative, arrived at the meeting and admitted to the violation. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on October 25, 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 and an admission of guilt by Respondent, it is evident that numerous vehicles are being parked on the grass on the west and south areas of 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) shall comply with said Section(s) of the City of Clearwater Code by December 1, 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 Corey O’Neil, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. 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 59-06 Gulf Direct Development, LLC & Drew St, LLC 1355 Drew Street Unsafe Notice – Wright It was recommended that Cases 59-06, 60-06, 61-06, 62-06, 63-06, and 64-06 be heard simultaneously. Representatives Randy Herscovici, James Wallace, and Steve Fowler agreed to the request and admitted to the violations. Code Enforcement – 2006-10-25 2 Inspector Bill Wright said project permit applications were submitted in May and staff comments were returned on July 21, 2006. He felt the applicant had sufficient time to resolve them and recommended that staff comments be addressed by November 8, 2006, to obtain permits, and that all six properties be brought into compliance by April 25, 2007, or a $250 fine be imposed per day, per building. He also recommended the property be liened for costs to the City. Attorney Dougall-Sides submitted City composite exhibits for the subject properties. Representative Herscovici said the complex was purchased for renovation but work cannot be accomplished until architectural issues are resolved. He said a third architect has been hired and requested additional time to complete the project. Architect Fowler estimated it would take 45 days to prepare the proper documents. He said the asbestos removal had been performed. In response to a request, Inspector Wright provided a PowerPoint presentation regarding Cases 59-06, 60-06,61-06, 62-06, 63-06, and 64-06. He reported acknowledgement of the violation was by return receipt of certified mail and staff met with the owner/contractor on site. Violations at 1355, 1365, and 1375 Drew Street and 116, 117, and 119 N. Evergreen Avenue relate to abandoned and open structures. The initial inspection was done on February 16, 2005 and the notice of violation was sent on February 28, 2005. Staff met with the owners on December 16, 2005, January 25 and 30, March 10, and May 24, 2006, and numerous times with the site supervisor on site. Photographs taken on the inspection dates indicate trash and debris, broken cabinets, hanging electrical wires and open electrical boxes, roof and floor deterioration, broken and open doors and windows, air conditioners missing from wall openings, fire hazards, unkempt landscaping, and numerous signs of vagrancy. Discussion ensued regarding the time line. Building Official Kevin Garriott agreed to a reasonable time frame as long as the property owners effectively secure and maintain the property. Staff reviewed conditions related to the failure of perimeter fencing to prevent access, homeless problems and criminal activities that endanger City personnel and expend City resources, deteriorated stairwells, and the lack of property lighting. Mr. Wallace said he could quickly submit plans for high impact windows and metal doors with dead bolt locks for immediate installation, along with closing air-conditioner openings with concrete block. Mr. Garriott recommended a security person be hired to keep watch. Fire Prevention Inspector Jim Keller reviewed the importance of maintaining the security of the property’s perimeter. Member Avichouser moved that Cases 59-06, 60-06,61-06, 62-06, 63-06, and 64-06 came before the City of Clearwater Code Enforcement Board on October 25, 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, and an admission of guilt by the Respondent, it is evident that the properties are in an unsafe condition and the Respondent has failed to comply with the Unsafe Notice dated January 30, 2006. Code Enforcement – 2006-10-25 3 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) shall comply with said Section(s) of the City of Clearwater Code by immediately securing the perimeter of the property with fencing, continually maintaining security; obtaining the necessary permits to rehabilitate all six buildings, submitting plans for securing the buildings showing the actual placement of doors and windows, and completing the installation of the doors and windows within 45 calendar days from the date this Board’s Order is sent certified mail to the Respondent(s); and completing all rehabilitation work on all six buildings within 6 months after permitting. If Respondent(s) does/do not comply within the time specified, the Board may order a fine of $250 per day per property for each day the violation continues to exist. Upon complying with said Section(s) of the Code, the Respondent(s) shall notify Inspector William Wright, who shall inspect the property and notify the Board of compliance. If the Respondent(s) fail/fails 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. 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 60-06 Gulf Direct Development, LLC & Drew St, LLC 1365 Drew Street Unsafe Notice – Wright See discussion, motion, and order under Item 1B. D. Case 61-06 Gulf Direct Development, LLC & Drew St, LLC 1375 Drew Street Unsafe Notice – Wright See discussion, motion, and order under Item 1B. Code Enforcement – 2006-10-25 4 E.Case 62-06 Gulf Direct Development, LLC & Drew St, LLC 116 N. Evergreen Ave. Unsafe Notice – Wright See discussion, motion, and order under Item 1B. F. Case 63-06 Gulf Direct Development, LLC & Drew St, LLC 117 N. Evergreen Ave. Unsafe Notice – Wright See discussion, motion, and order under Item 1B. G. Case 64-06 Gulf Direct Development, LLC & Drew St, LLC 119 N Evergreen Ave. Unsafe Notice - Wright See discussion, motion, and order under Item 1B. H.Case 65-06 Edna M. Diaz 612 S. Lake Ave. RV, Hauling Trailer – Franco Property owner Edna M. Diaz admitted to the violation. Inspector Peggy Franco said violations related to improper storage of a recreational vehicle (RV) and hauling trailer at a residential property. The property now is in compliance. She recommended the Board issue a declaration of violation. Attorney Dougall-Sides submitted City composite exhibits. Member Adelson moved that this case came before the City of Clearwater Code Enforcement Board on October 25, 2006, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues to the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, and an admission of guilt by the Respondent, it is evident that a recreational vehicle and a hauling trailer were parked and/or stored in the area between the principal structure and right-of-way on a residentially zoned property; however, it is further evident that these conditions were corrected prior to this hearing. Code Enforcement – 2006-10-25 5 CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the violation exists after the Respondent(s) is/are 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. 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. I. Case 66-06 Leslie Reese 1242 Caracas Ave. Commercial Vehicle, Hauling Trailer, Exterior Storage – Franco Property owner Leslie Reese admitted to the violation. Inspector Franco said the violations related to exterior storage, and improper storage of a commercial vehicle and hauling trailer at a residential property. The property now is in compliance. She recommended the Board issue a declaration of violation. Attorney Dougall-Sides submitted City composite exhibits. . Member Wehner moved that this case came before the City of Clearwater Code Enforcement Board on October 25, 2006, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues to the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, and an admission of guilt by the Respondent, it is evident that a hauling trailer and a commercial vehicle were parked and/or stored in the area between the principal structure and the right-of-way of a residentially zoned property, a commercial vehicle was parked in the residential right-of-way, and there was exterior storage occurring on the property; however, it is further evident that these conditions were corrected prior to this hearing. Code Enforcement – 2006-10-25 6 CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the violation exists after the Respondent(s) is/are 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. 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. J. Case 67-06 AL & AL 19820 US Highway 19 N Temporary Use - Franco Representatives Victor Young and Janice Johnston admitted to the violation. Inspector Franco said the violation related to a tent that was erected at a car dealership without a permit. The property now is in compliance. She recommended the Board issue a declaration of violation. Attorney Dougall-Sides submitted City composite exhibits. Member Martin moved that this case came before the City of Clearwater Code Enforcement Board on October 25, 2006, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues to the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, and an admission of guilt by the Respondent, it is evident three large tents have been on the property past the permit end date of July 17, 2006; however, it is further evident that this condition was corrected prior to this hearing. Code Enforcement – 2006-10-25 7 CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the violation exists after the Respondent(s) is/are 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. 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. K. Case 68-06 Jackson Outlaw 2036 Little Neck Rd. Exterior Surfaces – O’Neil Property owner Jackson Outlaw admitted to the violation. Inspector O’Neil said staff has been working with the property owner, who has completed improvements to the residential property. Exterior surface and roofing violations still need to be addressed. He recommended the property be brought into compliance by December 1, 2006, or a $150 per day fine be imposed. Attorney Dougall-Sides submitted City composite exhibits. Member Keyes moved that this case came before the City of Clearwater Code Enforcement Board on October 25, 2006, after due notice to the Respondent(s), and having heard testimony under oath and received evidence, the Board issues to the following Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT Based on the testimony and evidence received, and an admission of guilt by the Respondent, it is evident property maintenance standards are not being met regarding the exterior of the structure and roof; however, it is further evident that these conditions were corrected prior to this hearing. Code Enforcement – 2006-10-25 8 CONCLUSIONS OF LAW The Respondent(s) was/were in violation of the City of Clearwater Code Section(s) as referred in the Affidavit in this case. ORDER It is the Order of this Board that no fine will be imposed against the Respondent(s). The Board further orders that if Respondent(s) repeats/repeat the violation referenced herein, the Board may order the Respondent(s) to pay a fine of up to $500.00 for each day the violation exists after the Respondent(s) is/are 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. 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. 2. UNFINISHED BUSINESS A. Withdraw 9/27/06 Acceptance of Affidavit of Non-Compliance & Issuance of Order Imposing Fine for Case 11-06 Church of Scientology Religious Trust 215 S. Ft Harrison Ave. Fees & Required Inspections – Wilson Due to an incorrect date, staff is requesting acceptance of the affidavit and order imposing the fine be withdrawn and be reaccepted with the correct date. Member Keyes moved to withdraw the Board’s September 27, 2006, acceptance of the Affidavit of Non-Compliance and issuance of Order imposing a fine for Case 11-06. The motion carried was duly seconded and unanimously. B. Case 11-06 Affidavit of Non-Compliance Church of Scientology Religious Trust 215 S Ft Harrison Ave. Fees & Required Inspections – Wilson AND C. Case 34-05 Affidavit of Compliance George & Stavroula Melandinos 2428 Parkstream Ave. Permit for tree removal – Kurleman Code Enforcement – 2006-10-25 9 AND D. Case 22-06 Affidavit of Compliance Christopher E. Thrap, Jr. 1749 W Manor Ave. Property Maintenance, Public Nuisance - Phillips AND E. Case 42-06– Affidavit of Compliance L. David Shear 401 E. Jackson St. Ste 2700 Parking Lot - Brown AND F. Case 46-06 – Affidavit of Compliance Terry & Catherine Hodges 408 N. Duncan Ave. Unsafe Building - Wright AND G. Case 50-06 – Affidavit of Non-Compliance Matthew S. Alderman 1419 Carlos Avenue Overnight Accommodations – Hall Member Keyes moved to accept the Affidavits of Compliance for Cases 34-05, 22-06, 42-06, and 46-06 and to accept the Affidavits of Non-Compliance and issue the Orders motion carried imposing the fines for Cases 11-06 and 50-06. The was duly seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 47-06 – Petition for Rehearing Isa Q, Dauti 1535 Gulf-to-Bay Boulevard Signs - Weaver Discussion ensued regarding the petition and the amount of time given to this case when it was heard on August 23, 2006. Member Keyes moved to deny the request that the MCEB (Municipal Code Enforcement motion Board) rehear Case 47-06. The was duly seconded. Members Keyes and Wehner and Chair Williams voted “Aye”; Members Martin, Avichouser, and Adelson voted “Nay.” Motion failed . Code Enforcement – 2006-10-25 10 . . . Mr. Salzman opined that a decision must be based on a positive motion. Member Avichouser moved for the MCEB to rehear Case 47-06. The motion was duly seconded. Members Martin, Avichouser, and Adelson voted "Aye"; Members Keyes and Wehner and Chair Williams voted "Nay." Motion failed due to a tie vote. 4. NUISANCE ABATEMENT LIEN FILINGS: Louis Development, LLC. 460 East Shore Dr. Clwr Beach Park 1 st Add Replat, Blk B, Lots 10 & 11 PNU2006-01513 Crescenzo Land Holdings Inc. 1313 N Martin Luther King Jr. Ave. Greenwood Park No.2, Blk D, Lot 32 $200.00 PNU2006-01838 $200.00 Member Keyes moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. 5. APPROVAL OF MINUTES - September 27,2006 Member Avichouser moved to approve the minutes of the regular meeting of September 27,2006, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Member Martin bid farewell after six years of service on the Board. 7. ADJOURNMENT: The meeting adjourned at 4:38 p.m. , ~ Chair Muni ipal Code Enforcement Board Attest: /~ Secr to the Board Code Enforcement - 2006-10-25 11