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05/08/1991 MUNICIPAL CODE ENFORCEMENT BOARD May 8, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman Robert Aude William Zinzow John J. McKinney D. Wayne Wyatt Absent: Louise C. Riley (excused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Mary Kathryn Diana, 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 91-5-1 - Case No. 1 Watson E Jr. or Mary E. Grannison 1736 N. Washington Ave. aka Avondale Sub, part Lots 2 & 3 No one was present to represent the violator. Janice King, Code Inspector, stated there is excessive debris on the property. She verified ownership through the Pinellas County Property Appraiser's Office; sent a copy of the legal notice certified mail, for which the signed receipt was returned. Ms. King stated she first inspected the property March 25th and posted and photographed the property on April 16, 1991. City submitted composite exhibit A, a copy of the legal notice and photographs. Ms. King stated she spoke with Mary Grannison a couple of times, and with Watson Grannison this morning. They have cleared the property of some debris. A motor and some other automobile parts, which are useable, will be stacked up off the ground. Mr. Wyatt moved that concerning Case No. 1 of Public Nuisance Clearing List 91-05-1 regarding violation of Section 95.04 of the Clearwater City Code on property located at 1736 N Washington Ave aka Avondale Sub, part lots 2 & 3, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of May, 1991, 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 Janice King, Code Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A - a copy of the legal notice and a photograph of the property, it is evident that there exists the excessive accumulation of debris at the above address. The Conclusions of Law are: Watson E., Jr. and Mary E. Grannison are in violation of Section 95.04. It is the Order of this Board that Watson E. Jr. and Mary E. Grannison shall comply with Section 95.04 of the Code of the City of Clearwater within 10 days (5/18/91). 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 Watson E. Jr. and Mary E. Grannison. 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, Watson E. Jr. and Mary E. Grannison shall notify Janice King, 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. Case No. 26-91 Joel T. Brannen 1813 B Gulf to Bay Blvd. (Land Development Code) No one was present to represent the violator. Rick Rosa, Code Inspector, stated streamers were displayed at the referenced address, but are gone as of today. He stated the notices he issued were ignored; and he did not hear from the violator until Friday. He told the violator the case would be heard by the Board to establish that a violation did exist. City submitted exhibit A, a copy of the Notice of Violation of April 1, 1991 and proof of service. In response to questions, Mr. Rosa stated a hair styling business is being operated in this strip store plaza. The streamers were located outside of the storefront, and were removed as of Friday. The first notice was sent March 7, 1991 to the business owner, and it was returned unopened. In response to a question, it was stated either the property owner or business owner can be held responsible. In response to a question, Mr. Rosa stated he did not instruct the owner not to come to the hearing. He told him the case would be heard today. Mr. Cardinal moved that concerning Case No. 26-91 regarding violation of Section 134.009(5) the Clearwater City Code on property located at 1813 B Gulf to Bay Blvd. aka Parcel #13-29-15-00000-320-19 0, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of May, 1991, 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 exhibit A, a copy of the notice of violation and proof of service, it is evident that streamers were displayed on the storefront to attract attention at the above referenced address. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Joel T. Brannen was in violation of Section 134.009(5). It is the Order of this Board that Joel T. Brannen shall comply with Section 134.009(5) of the Code of the City of Clearwater. If Joel T. Brannen repeats the violation, the Board may order him to pay a fine of $50.00 per day for each day the violation exists after Joel T. Brannen 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. Case No. 27-91 Dalip Tzekas 2129 Drew St. (Land Development Code) Rick Rosa, Code Inspector, requested this case be continued to the June 26, 1991 meeting. He stated the violator has applied for a variance which is to be heard on June 20, 1991. The Attorney noted his preference in not reading the affidavit into the record due to a 30 day continuance clause for the Board. He stated the Inspector may want to continue for a longer period of time. Mr. Aude moved to continue Case No. 27-91 to the meeting of June 26, 1991. The motion was duly seconded and carried unanimously. Case No. 28-91 Helika Properties 20258 U.S. 19 N. (Land Development Code) Rick Rosa, Code Inspector, requested this case be withdrawn. He stated compliance was obtained this morning due to a change in tenancy. Mr. Aude moved to withdraw Case No. 28-91. The motion was duly seconded and carried unanimously. Case No. 29-91 Stephen & Sharon McKee 628 Fairwood Forest Dr. (Building Permit) Tom Chaplinsky, Construction Supervisor, stated on November 15, 1990, the City Commission denied a request to allow a room addition on the referenced property, which is located in a residential planned development. McKee proceeded to build the addition without the necessary permits. City submitted exhibit A - photographs of the property and B - a letter from the Planning and Development Director to Mr. Mckee reiterating the Commission's denial of the addition, but approving the reconstruction of the original porch roof. In response to questions, Mr. Chaplinsky stated the addition is about six feet of patio area and 13 feet of room space. He stated this planned unit development has already been built to the maximum as set forth in the site plan. The original roof was smaller. Mr. Chaplinsky stated appearance is not the issue here, but that the work was done without a permit. He stated the original roof rotted away and was demolished. In response to a question, Mr. Chaplinsky stated, to come into compliance, Mr. McKee would need to obtain a building permit for the roof already constructed; however, the reconstructed roof would be required to meet code. He said a permit would also be required for the patio due to its being raised from ground level. Mr. Chaplinsky said he suggested Mr. McKee reapply for the addition as it was not the same as the original request that went before the Commission. In response to a question, it was indicated the demolition work would not require a permit. Stephen McKee stated he did build the addition without a permit and did change the design from his original plan. He stated he has removed 60% of the walls indicating he is restoring the property to its original state, and requested 30 days in which to comply. He said he did not reapply as he felt it would be a lengthy process and he was told a screen enclosure would be denied. He indicated there are other additions and screen enclosures in the neighborhood. Discussion ensued regarding the construction that was done and the limitations of a residential planned development. Discussion also ensued regarding the time frame needed to acquire the necessary permits to come into compliance. Mr. Aude moved that concerning Case No. 29-91 regarding violation of Section 137.006(b) of the Clearwater City Code on property located at 628 Fairwood Forest Drive aka Lot 109, Fairwood Forest Sub., the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 8th day of May, 1991, 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 and Stephen McKee, admitting to the violation, and viewing the evidence, exhibits submitted: City exhibits A & B - photographs and a letter to the McKees from Jim Polatty, Planning and Development Director, it is evident that a room addition was constructed without a permit. The Conclusions of Law are: Stephen & Sharon McKee are in violation of Section 137.006(b). It is the Order of this Board that Stephen & Sharon McKee shall comply with Section 137.006(b) of the Code of the City of Clearwater by June 7, 1991. If Stephen & Sharon McKee do 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 Stephen & Sharon McKee do 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, Stephen & Sharon McKee 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. Case No. 30-91 Albert Barsion 22 N. Ft. Harrison Ave. (Fire Code) Complied prior Case No. 31-91 Olga Griffin 1211 Hamlet Ave. (Life Safety Code) Complied prior Mr. Cardinal moved to withdraw Cases 30-91 and 31-91 as the violations have been corrected. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Affidavits of Compliance Case No. 25-91 E.J. & Maureen Mitskevich 1132 Sunnydale Dr. Affidavit of Compliance Case 91-3-1 #2 Louisiana Life Ins. Co. Inc. 1201-1215 Drew Street Affidavit of Compliance Mr. Wyatt moved to accept the Affidavit of Compliance in Cases 25-91 and 91-3-1 #2. The motion was duly seconded and carried unanimously. A question was raised regarding Case No. 25-91 and what the violator did to come into compliance. It was stated the stringer boards that faced the neighbor's property were removed and the fence was painted a uniform color. 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. McKinney 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. MINUTES - Meetings of April 10 & 24, 1991 Mr. Cardinal stated the minutes of April 24th, on page 4, under "The Findings of Fact," should reflect that the fence is in conformance with the building code as to its construction. The minutes will be corrected to reflect this. Mr. Cardinal moved to approve the minutes of April 10, 1991 as submitted and April 24, 1991 as corrected. The motion was duly seconded and carried unanimously. ADJOURN - 3:57 p.m.