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10/25/1989 MUNICIPAL CODE ENFORCEMENT BOARD October 25, 1989 Members present: Robert Aude, Chairman William Murray, Vice-Chairman Bruce Cardinal Michael Dallman D. Wayne Wyatt Absent: James Angelis (excused) William Zinzow (excused) Also present: Rob Surette, Assistant City Attorney Alan Zimmet, Attorney for the Board Cynthia E. 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 3:00 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 Public Nuisance Clearing List 89-10-2 Case No. 1 Charles K. & Marguerite A. Gibson 753 Fairwood Forest Dr aka Fairwood Forest, Lot 39 Vicki Neimiller, Code Inspector, stated the property was inspected September 13 and posted September 18, 1989 due to high vegetation. Ownership was verified through the property appraiser's office, notice was sent certified mail, and the signed receipt was returned. City submitted composite exhibit A, a copy of the file of record including photographs of the property taken September 18, 1989. Ms. Neimiller stated the property was reinspected this morning and the violation still exists. There was no one present to represent the Gibsons. Mr. Murray moved that concerning Case No. 1 of Public Nuisance Clearing List 89-10-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 753 Fairwood Forest Dr. aka Fairwood Forest, Lot 39, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of October, 1989, 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 Vicki Neimiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Charles K. & Marguerite A. Gibson are in violation of Section 95.04. It is the Order of this Board that Charles & Marguerite Gibson shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/6/89). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Charles & Marguerite Gibson. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Charles/Marguerite Gibson shall notify Vicki Neimiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. the motion was duly seconded and carried unanimously. Done and Ordered this 25th day of October, 1989. Case No. 2 Diane Mastrogiovanni 620 Edenville Rd aka Edenville Sub, Blk A, Lot 9 Vicki Neimiller, Code Inspector, stated she first inspected the property September 27th and found it to be in violation due to high vegetation and some debris. The property was posted and photographs taken September 28, 1989. She stated ownership was verified through the property appraiser's office, notice was sent certified mail and the signed receipt was returned. City submitted composite exhibit A, a copy of the file of record. The property was reinspected today and there was no change in condition. No one was present to represent Ms. Mastrogiovanni. Mr. Murray moved that concerning Case No. 2 of Public Nuisance Clearing List 89-10-2 regarding violation of Chapter 95 of the Clearwater City Code on property located at 620 Edenville Rd. aka Edenville Sub, Blk A, Lot 9, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of October, 1989, 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 Vicki Neimiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials, and the accumulation of debris at the above address. The Conclusions of Law are: Diane Mastrogiovanni is in violation of Section 95.04. It is the Order of this Board that Diane Mastrogiovanni shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/6/89). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Diane Mastrogiovanni. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Diane Mastrogiovanni shall notify Vicki Neimiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. Done and Ordered this 25th day of October, 1989. Case No. 3 CSX Transportation Inc. RR ROW, Lakeview Rd to Belleair aka M&B 14.08, Sec. 21-29-15 No one was present to represent the violator. Vicki Neimiller, Code Inspector, stated the property was first inspected September 8th and found to be in violation due to overgrowth. The property was posted and photographs taken September 22, 1989. Ownership was verified through the property appraiser's office, notice was sent certified mail to the registered agent as well as the local representative and signed receipts were returned. The property was reinspected this morning and was still in violation. City submitted composite exhibit A, a copy of the file of record. Mr. Murray moved that concerning Case No. 3 of Public Nuisance Clearing List 89-10-2 regarding violation of Chapter 95 of the Clearwater City Code on property being the RR ROW Lakeview Rd to Belleair aka M&B 14.08, Sec 21-29-15, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of October, 1989, 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 Vicki Neimiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: CSX Transportation Inc. is in violation of Section 95.04. It is the Order of this Board that CSX Transportation Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/6/89). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to CSX Transportation Inc. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, CSX Transportation Inc. shall notify Vicki Neimiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. Done and Ordered this 25th day of October, 1989. Case No. 4 Seaboard Sys RR Inc. 635 Franklin St aka Magnolia Park Sub, Blk 7, lots 7-10 & E 15 ft. lots 6 & 11 Vicki Neimiller, Code Inspector, stated the property was inspected and found to be in violation due to high vegetation. Ownership was verified through the property appraiser's office, notice was sent to the registered agent which was determined through the Secretary of State. The property was reinspected this morning and was still in violation. City submitted composite exhibit A, a copy of the record of file. No one was present to represent the violator. In response to a question regarding a notation of foreclosure, Ms. Neimiller stated the property, as of yesterday, was still listed with Seaboard Sys RR Inc. as the owner. She stated foreclosure has not been finalized. Mr. Murray moved that concerning Case No. 4 of Public Nuisance Clearing List regarding violation of Chapter 95 of the Clearwater City Code on property located at 635 Franklin St aka Magnolia Park Sub, Blk 7, Lots 7-10 and E 15 ft. Lots 6 & 11, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of October, 1989, 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 Vicki Neimiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the file of record, it is evident that there exists the excessive growth or accumulation of weeds, undergrowth or other similar plant materials at the above address. The Conclusions of Law are: Seaboard Sys R.R. Inc. is in violation of Section 95.04. It is the Order of this Board that Seaboard Sys R.R. Inc. shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (11/6/89). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Seaboard Sys R.R. Inc. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $150.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Seaboard Sys R.R. Inc. shall notify Vicki Neimiller, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. Done and Ordered this 25th day of October, 1989. Case No. 123-89 Raybon R. Curtis 1104 N. Greenwood Ave (Building Code) No one was present to represent Mr. Curtis. Tom Chaplinsky, Minimum Housing Inspector, stated he spoke with Mr. Curtis today at which time Mr. Curtis acknowledged the hearing. Mr. Curtis is awaiting a contract for demolition for his signature. Mr. Chaplinsky stated ownership was verified through the property appraiser's office. Mr. Chaplinsky stated the structure has been vacant, unsecured and rundown since August 9, 1988. He stated he hand delivered a notice of unsafe building and notice of violation requiring that the building be secured within 24 hours, a permit for demolition or repair be acquired within 30 days, with completion by December 8, 1988 if repaired and by September 23, 1988 if demolished. Mr. Chaplinsky stated a contractor was hired for repair of the building, however the contractor had not received any payment, no work was done and the permit has since expired. Mr. Curtis has since moved to North Carolina. City submitted composite exhibit A, photographs of the building taken October 10, 1989. In response to a question, Mr. Chaplinsky stated the concrete step outside the building is constantly occupied by people. He stated the structure had been hit by a truck and there are several areas of the building that could collapse any time. He stated the building is damaged, decayed, and dilapidated, part of the roof has already caved in and it is very much an unsafe building. Mr. Chaplinsky stated he spoke with Mr. Curtis' attorney, Mr. Whitehurst, who stated they were getting bids for demolition and a contract was being sent to Mr. Curtis for signature. He stated he checked with the contractor who said the contract was sent to Mr. Curtis last Thursday. The Assistant City Attorney stated that pursuant to Code Section 138.02, subsection 103.4(8) & (9), the Board may order demolition of the structure and requested the Board issue such an order. Mr. Dallman moved that the building is in a total state of disrepair and ordered compliance by demolition of the building by November 15, 1989 or a $50 per day fine will be imposed. The motion was duly seconded. Discussion ensued regarding the time frame to complete demolition and the fine amount. It was suggested the compliance date stay the same due to the mail and that the contractor may not be able to start immediately. With regard to the fine it was the consensus it should be increased. Mr. Dallman moved that concerning Case No. 123-89 regarding violation of Section 138.02 of the Clearwater City Code on property located at 1104 N. Greenwood aka Greenwood Manor, N 32 ft. lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of October, 1989, 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, Minimum Housing Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, - four photographs of the property, it is evident that the building is in really bad condition and total state of disrepair. The Conclusions of Law are: Raybon R. Curtis is in violation of Section 138.02. It is the Order of this Board that Raybon R. Curtis shall comply with Section 138.02 of the Code of the City of Clearwater by November 15, 1989. If Raybon R. Curtis does 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 Raybon R. Curtis does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, 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, Raybon R. Curtis shall notify Tom Chaplinsky, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, 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. The motion was duly seconded and carried unanimously. Done and Ordered this 25th day of October, 1989. Case No. 126-89 Robert A. Clark 2481 Coachman Rd. NE, #1204 (Occupational License) Complied prior Mr. Murray moved to withdraw Case NO. 126-89. The motion was duly seconded and carried unanimously. Case No. 128-89 Henry Cruise dba Henry's Clubhouse 2779 Gulf to Bay Blvd. (Life Safety Code) In response to questions, Mr. Cruise stated he is owner of the business but leasing the property. He stated he is aware of the violation and needs until friday to put in the door. The Assistant City Attorney requested the affidavit of violation be amended to read Sec. 101-9.2.5.2 as the section violated and Mr. Cruise agreed to the amendment. In response to questions, James Goodloe, Fire Inspector, stated when he inspected the property the second means of egress through the kitchen was not to code without separation from the kitchen. He stated the business is a Class C accommodating 300 occupants or less for which two means of egress are required. The Assistant City Attorney requested the Board order compliance by November 3, 1989 as Mr. Cruise stated would be sufficient time for compliance. In response to a question regarding whether Mr. Cruise had been told exactly what he needed in order to come into compliance, it was stated he was. In response to a question regarding the need to cite the Code of the City of Clearwater, the Assistant City Attorney requested the affidavit of violation be amended to include the term "as incorporated by Section 93.21(a) of the City Code." Mr. Cruise stated he did not know of the violation until September 8, 1989 because the inspector spoke with cooks and other help on previous visits to the business. Mr. Murray moved that concerning Case No. 128-89 regarding violation of Section 9-2.5.2, NFPA 101 as incorporated by Section 93.21(a) of the Clearwater City Code on property located at 2779 Gulf to Bay Blvd aka Baskin's Replat Resub, part of Blk 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of October, 1989, 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 James Goodloe, Fire Inspector, and Henry Cruise it is evident that the second means of egress does not satisfy NFPA 101, Sec. 9-2.5.2. The Conclusions of Law are: Henry Cruise is in violation of Sections NFPA 101-9/2/5/2 as incorporated by Sec. 93.21(a) of the Clearwater City Code. It is the Order of this Board that Henry Cruise shall comply with NFPA 101-9.2.5.2 as incorporated by Sec. 93.21(a) of the Code of the City of Clearwater by installing a second door by November 3, 1989. If Henry Cruise does not comply within the time specified, the Board may order them to pay a fine of 50.00 per day for each day the violation continues to exist. If Henry Cruise does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of, 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, Henry Cruise shall notify James Goodloe, the City Official who shall inspect the property and notify the Board of compliance. Should the violation reoccur, 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. The motion was duly seconded and carried unanimously. Done and Ordered this 25th day of October, 1989. UNFINISHED BUSINESS Case No. 88-89 Richard E. Owens 300 Venetian Dr (Life Safety Code) Affidavit of Compliance Case No. 91-89 James & Isabella Tracey dba Anchor Mini Mart 207 Coronado Dr Affidavit of Compliance Case No. 89-9-1-1 Joe R. Wolfe about 899 Bay Esplanade Affidavit of Compliance Case No. 89-9-1-3 Clark W. Mills about 709 Vine Ave Affidavit of Compliance Case No. 89-9-1-4 Anne M. Caballero 1453 Sunset Point Rd Affidavit of Compliance Case No. 89-9-1-5 Keramat Fahari 3274 Beaver Dr Affidavit of Compliance Case No. 89-9-2-1 Mariusz/Elizabeth Bandurski about 2399 Old Coach Trail Affidavit of Compliance Case No. 89-9-2-2 R. K. McGraw 784 Island Way Affidavit of Compliance Case No. 89-9-2-4 Helen S. Russell 1871 McKinley St Affidavit Compliance Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 88-89,91-89, 89-9-1-1, 89-9-1-3, 89-9-1-4, 89-9-1-5, 89-9-2-1, 89-9-2-2 and 89-9-2-4. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Amendments to Rules and Regulations Alan Zimmet, Attorney for the Board, reviewed the recommended amendments. Mr. Wyatt moved to adopt the amendments to the Rules and Regulations. The motion was duly seconded and carried unanimously. NEW BUSINESS - None. MINUTES - Meetings of September 13 & 27 and October 11, 1989. Mr. Cardinal stated he voted against the motion regarding Item #4 of Public Nuisance Clearing List 89-9-2. Mr. Cardinal moved to approve the minutes of September 13 & 27 and October 11, 1989 as amended. The motion was duly seconded and carried unanimously. ADJOURN - 4:15 p.m.