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10/12/1988 MUNICIPAL CODE ENFORCEMENT BOARD October 12, 1988 Members present: Robert Aude, Chairman Phillip N. Elliott, Vice-Chairman James Angelis Frank Morris Bruce Cardinal William Murray Absent: Tim Amburgy (unexcused) Also present: Rob Surette, Assistant City Attorney Cynthia Goudeau, Secretary for the Board In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The meeting was called to order by the Chairman at 1:03 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. PUBLIC HEARINGS Case No. 121-88 Cyprion Enterprises, Inc. d/b/a LaRose Restaurant (Sign Code) cont. from 9/14/88 The inspector requested this case be continued to the December 14, 1988 meeting. Mr. Elliott moved to continue Case No. 121-88 to the meeting of December 14, 1988. Motion was duly seconded and carried unanimously. Case No. 122-88 S & I, Inc. d/b/a Seven Oaks Service Center (Sign Code) The inspector requested this case be continued to the November 9, 1988 meeting. Mr. Elliott moved to continue Case No. 122-88 to the meeting of November 9, 1988. Motion was duly seconded and carried unanimously. Case No. 123-88 TransOhio Savings Bank (Building Code) Tom Chaplinsky, Building Inspector, stated he originally inspected the property located at 850 Bayway Blvd. on May 9, 1988, at which time he observed the unsafe condition of an outside stairtower, citing Section 138.02 of the City Code. City submitted composite exhibit A, four photographs of the property, taken May 9, 1988, depicting different areas of the stairtower. Mr. Chaplinsky stated the stairtower is constructed of steel and concrete, is four stories high, and is seriously damaged. The steel is rusted and deteriorated, the stairs are four to five inches away from the building, two supporting members of hollow steel are rusted off at bottom, and the concrete is cracked and broken. He stated he feels the stairs could topple or collapse. He stated he reinspected the property the morning of the hearing, noticed either expanded and/or additional cracks in the concrete support and that no work has been done. The Assistant City Attorney requested the Board take judicial notice of the applicable code section cited. City submitted composite exhibit B, eight photographs of the property, seven taken October 10th and one taken October 12th. Mr. Chaplinsky stated this is waterfront property and the building is vacant except for an office on the ground level. When asked if the stairtower is an only means of egress, Mr. Chaplinsky stated it is not. He stated the stairs pose a hazard to the adjacent property as, should the stairs collapse, they would fall across the neighboring pool. He stated he believes the adjacent property to be a motel. Fred Strickroot of Lee Arnold Management, agents for Trans Ohio Bank, stated a transfer of ownership has delayed repair of the stairs. The bank is selling the property and wants the buyer to make the repairs. Mr. Strickroot stated they closed on the sale October 6th, but the contract is contingent on certain conditions to be met. He stated North Bay and Associates, Inc., the new owners of the property, sent a letter to the building inspector stating the stairs would be removed within 30 days after closing. The Assistant City Attorney questioned the recordation of the deed to the property, and it was stated that, technically, TransOhio is currently the owner of the property. When questioned regarding the building being reoccupied, Mr. Chaplinsky stated a certificate of occupancy would be needed, and that major repairs would need to be done before issuance of the C.O. He stated the problem has been postponed too long already and feels the condition to be extremely unsafe. Mr. Strickroot stated they expect transfer of title to take place by October 19th, the new owner is aware of the urgency of the unsafe conditions and plan to correct the situation immediately following finalization of the sale. Discussion ensued regarding who should be the responsible party for the correction of the unsafe condition. It was suggested the Order of the Board be directed to the current owner and/or its successors/assigns. Mr. Cardinal moved that concerning Case No. 123-88 regarding violation of Section 138.02 of the Clearwater City Code on property having a legal description of Bayside Sub., Blk. D, Unit A, Lot 12 and Unit D, Lots 13-15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of October, 1988, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. The Findings of Fact are: after hearing testimony of Tom Chaplinsky, Building Inspector, and Fred Strickroot, agent for TransOhio Savings Bank, and viewing the evidence, exhibits submitted: City composite exhibits A & B, it is evident that an exterior stairtower is in imminent danger of collapse. The Conclusions of Law are: TransOhio Savings Bank and/or its successor/ assigns are in violation of Section 138.02. It is the Order of this Board that TransOhio Savings Bank and/or its successor/assigns shall comply with Section 138.02 of the Code of the City of Clearwater by applying for and obtaining a demolition permit for removal of the stairtower by October 19th and by completing demolition/removing unsafe condition, by October 26, 1988. If TransOhio Savings Bank and/or its successor/ assigns do not comply within the time specified, the Board may order them to pay a fine of $250.00 per day for each day the violation continues to exist. If TransOhio Savings Bank and/or its successors/assigns do 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 violator pursuant to Chapter 162, Florida Statutes. Upon complying, TransOhio Savings Bank and/or its successor/assigns shall notify Tom Chaplinsky, the City Official who shall inspect the property and notify the Board of compliance. Should the violation recur, the Board has the authority to impose the fine at that time without a subsequent hearing. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. Motion was duly seconded and carried unanimously. Done and Ordered this 12th day of October, 1988. UNFINISHED BUSINESS Case No. 8-88 Joseph Simonelli (Building Code) Affidavit of Compliance; Address Board re fine The Assistant City Attorney stated Mr. McFarland, attorney representing Mr. Simonelli, had not received a notice of this hearing and could not attend due to a schedule conflict. He reviewed problems incurred, including the lengthy process of acquiring the necessary permits from the Department of Natural Resources, in order to acquire a City of Clearwater permit and come into compliance. He stated he believed a good faith effort was made. Discussion ensued regarding how much the fine should be reduced. Consensus of the Board was to request a letter from Mr. McFarland explaining the circumstances involved in the process of complying with the Code, at which time the Board will discuss the accrued fine and whether or not any reduction should be made. Mr. Elliott moved to accept the Affidavit of Compliance in Case No. 8-88. The motion was duly seconded and carried unanimously. Item No. 2, LC 88-09-1 Henry L. Moore (Section 95.04) Inspector's status report Vernon Packer, Sanitation Inspector, stated he visited the property the morning of the hearing. Mr. Moore has acquired a building permit and is building a fence/wall with the roofing tiles. He estimated that, since pictures were taken on September 15th, approximately 200 more tiles had been stacked. Concerns were expressed regarding this type of fence/wall being a hazard. It was stated there are few guidelines regarding building a fence out of tile. Another status report will be given at the November meeting. OTHER BOARD ACTION Fine Status Report The fine status report was reviewed. NEW BUSINESS Discussion ensued regarding election in October of the Chairman and Vice-Chairman of the Board as proposed in the rules and regulations of the Board. Consensus was to hold the election in January. MINUTES - Meeting of September 14, 1988 Approval of the minutes of September 14th is continued to the November 9, 1988 meeting. The meeting adjourned at 2:15 p.m.