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02/28/1990 MUNICIPAL CODE ENFORCEMENT BOARD February 28, 1990 Members present: Robert Aude, Chairman William Murray, Vice-Chairman Bruce Cardinal D. Wayne Wyatt John McKinney 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 3:01 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 Case No. 90-2-2-1 Thelma A. Dingman Sunset Pt. Replat, Lots 26 & 27 vacant lot about 1118 Sunset Pt Rd No one was present to represent the violator. Vicki Niemiller, Code Inspector, stated the property was first inspected on January 17, 1990 and found to be in violation of Sections 95.04(a) & (b) due to high vegetation and some debris. The property was posted and a photograph taken January 22, 1990. City submitted composite exhibit A, a copy of the file of record. Ms. Niemiller stated ownership was verified through the Property Appraiser's office. Mr. Murray moved that concerning Case No. 1 of Public Nuisance Clearing List 90-2-2 regarding violation of Sections 95.04(a) & (b) of the Clearwater City Code on property located at about 1118 Sunset Pt. Rd. a/k/a Sunset Point Replat, Lots 26 & 27, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of February, 1990, 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 Niemiller, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, 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: Thelma A. Dingman in violation of Sections 95.04 (a) & (b). It is the Order of this Board that Thelma A. Dingman shall comply with Sections 95.04(a) & (b) of the Code of the City of Clearwater within 10 days (3/10/90). 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 Thelma A. Dingman. 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, Thelma A. Dingman shall notify Vicki Niemiller, 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 28th day of February, 1990. Case No. 7-90 Benjamin J. Zukowski 2040 Gentry St (Fire Code) Case No. 8-90 Economy Burglar Bars Inc. 2040 Gentry St (Fire Code) Case No. 12-90 Phillip Tretter 2040 Gentry St (Fire Code) The Secretary informed the Board a memorandum was received from the Inspector requesting a 60 day continuance regarding the above referenced cases as work is in process to bring the property into compliance. Mr. Cardinal moved to continue Case Nos. 7-90, 8-90 and 12-90 for 60 days. The motion was duly seconded and carried unanimously. Case No. 9-90 Robert Cole, Reg. Agent (Lord Byron Enterprises Inc.) 1295 Cleveland St (Occupational License) Complied prior Case No. 11-90 Wayne Taylor 503 Cleveland St (Occupational License) Complied prior Case No. 13-90 Ray B. Foster 2116 Sunnydale Blvd, #B (Occupational License) Complied prior Case No. 14-90 Action Business Buyers Network Inc. 611 Druid Rd E (Occupational License) Complied prior Mr. Cardinal moved to withdraw Case Nos. 9-90, 11-90, 13-90 and 14-90 as the violations have been corrected. The motion was duly seconded and carried unanimously. Case No. 10-90 Robert Edwards 2600 McCormick Dr (Occupational License) The Assistant City Attorney requested continuance of this case as the alleged violator has shown a cancelled check in payment of an occupational license and the Inspector wishes to investigate further. Mr. Cardinal moved to continue Case No. 10-90 to a date at the discretion of the Inspector. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 6-90 Lokey Motor Company 1220 US 19 S City Attorney's request to rehear Board's order Mr. Aude abstained from partaking in the proceedings of this case due to a conflict of interest. Discussion ensued regarding the reason for the request, and it was stated the City feels it would have a stronger case if the order of the Board is rephrased. Mr. Cardinal moved to rehear arguments from the City and violator for possible rewording of the Board's order. The motion was duly seconded and carried unanimously. Affidavits of Compliance Case No. 88-9-1-2 Henry L. Moore 808 Pennsylvania Ave Case No. 89-11-1-1 Ed & Bessie Singletary about 900 Palm Bluff St Case No. 89-12-1-1 Christine Keno 915 Engman St Case No. 89-12-1-2 Ester L. Gregory 709 Nicholson St Case No. 89-12-1-3 Enza V. Bilello 1008 Magnolia Dr Case No. 89-12-1-4 Irene Graham about 1001 Engman St Case No. 89-12-1-5 James A. Cochran, Jr. 1342 Michigan Ave Case No. 90-01-2-2 Samir & Mary Armanious about 2959 Eagle Est. Cr S Case No. 90-01-2-3 Orange & Blue Construction 1753 Pamelia Dr Mr. Murray moved to accept the Affidavits of Compliance regarding Case Nos. 88-9-1-2, 89-11-1-1, 89-12-1-1, 89-12-1-2, 89-12-1-3, 89-12-1-4, 89-12-1-5, 90-1-2-2 and 90-1-2-3. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Election of Officers Mr. Cardinal nominated Mr. Murray as Chairman. The motion was duly seconded. There were no other nominations. Upon the vote being taken, Mr. Murray was elected unanimously. Mr. Murray nominated Mr. Cardinal as Vice-Chairman. The motion was duly seconded. There were no other nominations. Upon the vote being taken, Mr. Cardinal was elected unanimously. Fine Status Report Case No. 184-85 Jeralne Burt (Building Code) 1003 Railroad Ave Affidavit of Compliance The Secretary of the Board stated the structure was demolished and the property was in compliance as of October 28, 1986. It was stated a Planning Department employee is reviewing the value of the property. Mr. Murray moved to accept the Affidavit of Compliance in Case No. 184-85. The motion was duly seconded and carried unanimously. Case No. 76-86 Jeralne Burt (Building Code) 816 N. Betty Ln Affidavit of Compliance It was stated the required work was performed by October 24, 1986 to the Inspector's satisfaction to bring the property into compliance. Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 76-86. The motion was duly seconded and carried unanimously. Case No. 77-86 David & Virginia Chilcote (Development Code) 1478 Plateau Rd The Secretary to the Board stated a lien has been filed, however the City cannot foreclose as the property is homestead. No action was taken. Case No. 81-86 Einstein Boykins (Building Code) 1028 N. Missouri Ave Affidavits of Compliance were submitted by the Inspector regarding Parts one and two of the Board's order of October 8, 1986. Mr. Wyatt moved to accept the Affidavits of Compliance in Case No. 81-86. The motion was duly seconded and carried unanimously. Case No. 83-86 Einstein Boykins (Life Safety Code) 1115 N. Greenwood Ave It was stated the property's use has changed from a restaurant to a church. Consensus of the Board was for the Inspector to issue an affidavit of compliance and to inspect the existing use for compliance with the Code. Case No. 10-87 Peter Martin (Occupational License) 825 Court St Case No. 17-87 Hank Freeman (Life Safety Code) 1707 N. Ft. Harrison Ave Compliance has been reached and liens filed in Case Nos. 10-87 and 17-87. No further action was taken. Case No. 119-87 Jeralne Burt (Life Safety Code) Case No. 147-87 Jeralne Burt (Building Code) 1113 Tangerine St The Secretary to the Board stated compliance has not been reached and the Board has directed foreclosure in Case Nos. 119-87 and 147-87. In response to questions, Tom Chaplinsky, Building Inspector, stated some repairs have been made which may bring the property out of the unsafe condition, but all repairs as stipulated by the Building Dept. have not been completed. He stated he has not seen the property lately and is not sure if a hazard still exists. The Attorney for the Board stated the order of the Board was for compliance with Section 138.02 of the Code and, if there is no longer an unsafe condition, an affidavit of compliance is required. Consensus of the Board was to direct the Inspector to reinspect the property. Case No. 143-87 Roberto DiGiovanni (Development Code) 1330 Young Ave The Secretary stated one payment of $100 had been made by Mr. DiGiovanni. She suggested she be allowed to work with the City Attorney to develop a letter to be sent stating the City would accept installments to pay off the fine. Consensus of the board was to send a letter. Case No. 170-87 Donald Bossey/Mary Eisenbise (Life Safety Code) 808 E. Druid Rd It was stated the property has new owners who are correcting the violations. The Secretary requested the Board give general direction to Inspectors to issue affidavits of compliance when property is brought into compliance through change of use or new ownership. Consensus of the Board was to do so. Case No. 172-87 Robert Smiley/City Auto Sales Inc. (Occupational License) 833 Cleveland St The Building Inspector stated upon inspection for a certificate of occupancy, he found building code violations which prohibited the issuance of a license. He stated Dimmitt is the owner and has since had the building demolished. Mr. Smiley's operation was moved to another location and he did obtain a license. Consensus of the Board was to try to collect the fine. Case No. 9-88 Nostimo, Inc. (Building Code) 32 Bay Esplanade An affidavit of compliance was submitted by the Inspector. It was stated the property is leased to Pick Kwik, the building in violation has been demolished and a new building is being constructed. Mr. Cardinal moved to accept the Affidavit of Compliance in Case No. 9-88. The motion was duly seconded and carried unanimously. Case No. 58-88 Anne Graffunder dba P.M.M. Capital (Occupational License) 1221 Turner St, #201 It was stated this business has moved out of Clearwater and that Ms. Graffunder informed the City she was not in business at the above referenced location at the time of the hearing. No action was taken. Case No. 70-88 Craig Berlett dba Century Soft Water Co. Inc. 2034 Weaver Park Dr (Occupational License) A question was raised regarding whether requests for another City license could be denied until the fine due the City is paid. The Attorney for the Board stated it is unconstitutional to connect a violation to other requests unless there was a direct relationship. No action was taken. Case No. 47-89 A-Plus Restaurant Equipment Inc. (Development Code) 1510 Lakeview Rd This case is now in compliance but no effort has been made to pay the accrued fine. Consensus of the Board was to file a lien against the corporation. Case No. 48-89 Michael R. & John G. O'Connell (Occupational License) 110 Brightwater Dr Case No. 88-89 Richard E. Owens (Life Safety Code) 300 Venetian Dr Consensus was to sent a letter requesting payment and to file the lien if payment is not received regarding Case Nos. 48-89 and 88-89. NEW BUSINESS Discussion: Alternate member ordinance The Secretary informed the Board that the City Commission discussed the proposed ordinance at work session and requested additional input from the Board. Discussion ensued regarding full Board attendance and it was stated a vote of four of the seven members is required to find that a violation exists. It was also stated an alternate member would be the logical candidate to fill a vacancy as a permanent member. It was stated mandatory attendance of an alternate member is a negative aspect of the proposed ordinance. Further discussion ensued regarding whether or not the Board still feels an alternate member is desired, and consensus of the Board was to withdraw the request. Forms - Orders of the Board The Attorney for the Board briefly went over the new forms and changes to existing forms, stating the purpose is to bring them up to date with State Statutes and the City Code. MINUTES - Meeting of January 24, 1990 Mr. Cardinal moved to approve the minutes of the meeting of January 24, 1990 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 4:30 p.m. IDENTITECH OBJECT ID BLOCK.2003031215:12:57000JCBX0ID005VLX0ID005V\*ALL\MINUTES FOLDERLh]