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12/12/1990MUNICIPAL CODE ENFORCEMENT BOARD December 12, 1990 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman D. Wayne Wyatt John McKinney Louise C. Riley Absent: Robert Aude (excused) William Zinzow (excused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, 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 3:03 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 Public Nuisance Clearing List 90-12-1 - Case No. 1 Richard Leon 1002 Eldridge St aka Lot 11 less E 60', Blk 7, Pine Crest Sub No one was present to represent the violator. Geri Doherty, Code Inspector, stated ownership was verified through the Property Appraiser's office. She sent notice certified mail and it was returned marked "forward expired." Ms. Doherty stated she tried to find the owner listed in the phone book, but had no success. She first inspected the property October 15th. On November 16th the property was posted and photographed. City submitted composite exhibit A, a copy of the file of record. In response to questions, the Inspector stated this is a vacant lot, and there are abandoned vehicles which will be brought to the Board at the January meeting. She stated she does not know if there are any previous violations or liens. Ms. Doherty stated she reinspected the property this morning and the violation still exists. Mr. Cardinal moved that concerning Case No. 1 of Public Nuisance Clearing List 90-12-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1002 Eldridge St aka Lot 11 less E 60', Blk 7, Pine Crest Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of December, 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 Geri Doherty, 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: Richard Leon is in violation of Section 95.04. It is the Order of this Board that Richard Leon shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/22/90). 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 Richard Leon. 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, Richard Leon shall notify Geri Doherty, 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 12th day of December, 1990. - Case No. 2 Frances Green 806 Jurgens St aka Lot 2, Blk B, Jurgens Sub Revised Plat No one was present to represent the violator. Geri Doherty, Development Code Inspector, stated this vacant, overgrown lot is in violation of Sections 95.04 (a) & (b). Ownership was verified through the Property Appraiser's office. Notice was sent certified mail and the signed receipt was received. She first inspected the property November 13th, posted and photographed it on November 14th. In response to a question, the Inspector stated she does not know if this is a repeat violation. She stated the violator has not contacted her. Mr. Cardinal moved that concerning Case No. 2 of Public Nuisance Clearing List 90-12-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 806 Jurgens St aka Lot 2, Blk B, Jurgens Sub Revised Plat, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of December, 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 Geri Doherty, 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: Frances Green is in violation of Section 95.04. It is the Order of this Board that Frances Green shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/22/90). 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 Frances Green. 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, Frances Green shall notify Geri Doherty, 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 12th day of December, 1990. - Case No. 3 Leatrice Williams 1146 Engman St aka Lot 56, Greenwood Park Sub There was no one present to represent the violator. Vern Packer, Housing Inspector I, stated the property is in violation of Section 95.04 (a) & (b) due to overgrowth and debris. Ownership was verified through the Property Appraiser's office and notice was sent October 23rd via certified mail. Mr. Packer stated this is an estate as Ms. Williams is deceased. He stated it is a vacant house, and the legal representatives want to comply and are requesting a deadline extension. City submitted composite exhibit A, a copy of the file of record. He stated they are asking for January 9, 1991 as the compliance date. In response to questions, Mr. Packer stated he feels they will comply by that time. Mr. Cardinal moved that concerning Case No. 3 of Public Nuisance Clearing List 90-12-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1146 Engman St aka Lot 56, Greenwood Park Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of December, 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 Vern Packer, 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 debris at the above address. The Conclusions of Law are: Leatrice Williams is in violation of Section 95.04. It is the Order of this Board that Leatrice Williams shall comply with Section 95.04 of the Code of the City of Clearwater by January 8, 1991. 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 Leatrice Williams. 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, Leatrice Williams shall notify Vern Packer, 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 12th day of December, 1990. - Case No. 4 Pamela George 418 Lebeau St aka E side of Lot 18, Blk 9, North Shore Park No one was present to represent the violator. Mr. Rosa, Development Code Inspector, stated he inspected the property November 13th and posted it for violation of Section 95.04. He reinspected the property this morning and the violation still exists. City submitted composite exhibit A, a copy of the file of record. Mr. Rosa stated he verified ownership through the Pinellas County tax rolls. In response to questions, the Inspector stated the overgrowth is outside the fence on the property. The tenant takes care of the property inside the fence and said he would cut the growth on the outside, but didn't. He stated it is in excess of twelve inches. Mr. Cardinal moved that concerning Case No. 4 of Public Nuisance Clearing List 90-12-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 418 Lebeau St aka North Shore Park, Blk 9, Lot 18, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of December, 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 Rick Rosa, 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: Pamela George is in violation of Section 95.04. It is the Order of this Board that Pamela George shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (12/22/90). 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 Pamela George. 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, Pamela George shall notify Rick Rosa, 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 12th day of December, 1990. Case No. 47-90 Julie Tiernan d/b/a Julie's Cafe, Inc. 351 Gulfview Boulevard South (Land Development Code) Geri Doherty, Development Code Inspector, requested this case be continued to a date uncertain as the violator has filed applications for variance and conditional use. It was stated a case can only be continued for 31 days. Mr. McKinney moved to withdraw Case No. 47-90. The motion was duly seconded and carried unanimously. Case No. 48-90 R.E. Hughes, Tre. d/b/a Rental Properties Trust 1306 - 1310 North Garden Avenue (Building/Plumbing Code) Tom Chaplinsky, Building Inspector Supervisor, stated he cited Mr. Hughes after receiving a complaint from the Utilities Dept. of plumbing done at the site. Upon inspection, Mr. Chaplinsky found a cut in the water line and a "T" had been installed connecting one dwelling unit to another. Only one structure has a water meter. He stated Mr. Hughes did not deny doing the work, but doesn't feel a permit is needed. In response to questions, Mr. Chaplinsky stated the two buildings were already existent; only one has a water meter, but it is also serving the building behind it. He stated he doesn't know what the lines are really serving; water is supplied to #1310 without a meter, and it may also connect to another four family house. He stated the property has four houses on it and the water line is 50 feet long, 3/4 inch pipe. The Inspector stated the tap meets health codes, but there are connections underground. He stated the work has been done without a permit and was not inspected. City submitted composite exhibit A, photographs of the property. The Inspector, in response to questions, stated Mr. Hughes has other properties and he wants this violation on record for a possible repeat. He was informed repeat violations can only be cited for the same property. Mr. Chaplinsky stated the PVC elbow does pass code, and there is no backflow prevention device. He stated there is a meter that could be tapped which would require a deposit. Discussion ensued regarding whether the work passes code and could be legal. Mr. Chaplinsky stated if it was done by a licensed plumber and properly inspected, it could be legal. Discussion further ensued regarding County and State law being violated concerning tapping into potable water; and why the City didn't do something right away to shut down the work. It was stated service could not be turned off because there currently are tenants. Mr. Hughes stated the four family structure is not hooked up to City water or electric; he hooked up the duplex to the water line. He stated Mr. Scott, of the Water Department, gave permission for him to hook up another building to the water service. He stated he continued to receive service until the day before the hearing. In response to a question, he stated he was not told he needed to get a permit from the Building Department. He stated the fees are very high considering he is supplying low income housing. In response to a questions, the Inspector stated there is a limitation on what kind of work an unlicensed plumber can do. It is limited to one and two family dwellings. Mr. Hughes connected a single family to a duplex which is now a triplex, and he would not have been issued a permit for that work. Mr. Hughes stated he has been to the Water Department seven times to turn on the water for 1310 address. He stated he has received several different deposit amounts from the Water Department. He stated they had no right under City Code to shut off the water without holding a hearing. Discussion ensued regarding how to handle the case as it is a State violation. It was suggested the Board issue an order with compliance and a penalty if compliance is not reached. In response to questions, Mr. Hughes stated he does not dispute that the work was done without a permit. He stated the violation will be corrected by Friday. Discussion ensued regarding what needs to be done to have the work inspected by the City and come into compliance. Discussion ensued regarding requiring a permit for the work, and Mr. Hughes stated permits are not needed for repairs. Mr. Chaplinsky stated the work done is not repair work. Mr. Hughes requested the City supply information regarding what degree of work a landlord can do. He stated he would have acquired a permit if he had known it was needed; however, the Water Department told him it was okay to turn on the water. Further discussion ensued regarding other work Mr. Hughes has done and the requirements for permits at that time. Mr. Hughes stated he was not licensed nor did he acquire permits for other work he has done in Tampa or for the water towers on 66th Street, for which he was the main contractor. He stated he is licensed in other areas but not local, as he is not active here. He stated he will have the violation corrected by the weekend. Mr. Wyatt moved that concerning Case No. 48-90 regarding violation of Section 106.2, Standard Plumbing Code as adopted by Section 140.1 of the Clearwater City Code on property located at 1306-1310 N Garden Ave aka Enghurst Addn to Clw, E 1/2 of Lot 19 and E 60 ft of Lot 20, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of December, 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 Tom Chaplinsky, Building Inspection Supervisor, and Robert Hughes, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, it is evident that a water line was installed without a permit or inspection. The Conclusions of Law are: Robert E. Hughes is in violation of Section 106.2, Standard Plumbing Code as adopted by Section 140.1 of the City Code. It is the Order of this Board that Robert E. Hughes shall comply with Section 106.2, Standard Plumbing Code as adopted by the Code of the City of Clearwater by December 21, 1990. If Robert E. Hughes does not comply within the time specified, the Board may order him to pay a fine of $250.00 per day for each day the violation continues to exist. If Robert E. Hughes 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. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. Upon complying, Robert E. Hughes 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. 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. The motion was duly seconded and carried unanimously. Done and Ordered this 12th day of December, 1990. Case No. 49-90 Paul B. Lokey d/b/a Lokey Oldsmobile, Inc. 2430 Gulf to Bay Boulevard (Land Development Code) Bill Billich, Used Car Manager for Lokey Oldsmobile, Inc., stated he started working for Lokey Oldsmobile November 17, 1990. He did not know the banners were a violation, and he was not aware of the notice of violation until Mr. Lokey told him. He stated the banners were put on the vehicles daily to attract attention. Mr. Billich stated the banners were thrown away, and the violation will not happen again. In response to questions, Rick Rosa, Development Code Inspector, stated Lokey Oldsmobile, Inc. is in compliance today. Mr. Cardinal moved that concerning Case No. 49-90 regarding violation of Section 134.009(5) of the Clearwater City Code on property located at 2430 Gulf to Bay Blvd. aka M&B 13/04, Sec. 18-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 12th day of December, 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 Rick Rosa, Development Code Inspector, and Bill Billich, Used Car Manager representing Lokey Oldsmobile, and viewing the evidence, it is evident that pennants were being displayed on the cars. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Paul B. Lokey was in violation of Section 134.009(5). It is the Order of this Board that Paul B. Lokey shall comply with Section 134.009(5) of the Code of the City of Clearwater. If Paul B. Lokey repeats the violation, the Board may order him to pay a fine of $200.00 per day for each day the violation exists after Paul B. Lokey is 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. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. 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. The motion was duly seconded and carried unanimously. Done and Ordered this 12th day of December, 1990. UNFINISHED BUSINESS Case No. 42-90 Jesse Montague d/b/a Landship Electronics 1721 North Fort Harrison Avenue (Land Development Code) Affidavit of Compliance Mr. Wyatt moved to accept the Affidavit of Compliance in Case No. 42-90. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Discussion ensued regarding repeat violations. It was stated the City has to prove there is a repeat violation. NEW BUSINESS - None. MINUTES - Meetings of November 14 & 28, 1990 Mr. McKinney moved to approve the minutes of the meetings of November 14 & 28, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 4:40 P.M.