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05/22/1991 MUNICIPAL CODE ENFORCEMENT BOARD May 22, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William Zinzow John McKinney D. Wayne Wyatt Absent: Robert Aude (excused) Louise C. Riley (unexcused) 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 3:04 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 91-05-2 There were no Public Nuisance cases to be heard at this meeting. Case No. 23-91 Nick Gionis, President/Registered Agent Mary G. Realty, Inc. 490 Mandalay Avenue (Land Development Code) Mr. Cardinal moved to continue Case No. 23-91 to the meeting of June 12, 1991 as requested by the Inspector. The motion was duly seconded and carried unanimously. Case No. 32-91 Martin Cole, Registered Agent Canterbury Oaks, Inc. 2025 Rogers Street (Life Safety Code) No one was present to represent the violator. Jeff Daniels, Fire Inspector, stated the loose stairrails and handrails constitute a fire and safety hazard. City submitted composite exhibit A, five photographs of the property. In response to questions, Inspector Daniels stated this is a three story apartment building, at which all ages reside. He stated all railed areas shown in the photographs are required means of ingress/egress. He stated the top rails lift up, and repair is badly needed where the rails are screwed to the walls and stairs. Inspector Daniels stated maintenance personnel have avoided him, and have not corrected the hazard. In response to questions, Inspector Daniels stated he has not discussed the case with the Building Department as it is a fire code violation, not a building code violation because it is not new construction. He stated the building is at least 20 years old. He stated the owner/registered agent lives in Canada, and that the second time he inspected the property the owner and resident manager were present and informed of the violations. The Inspector stated he allowed one month for repairs the first time he noted the violations. He stated handrails are also loose on the third floor, and expressed concern for the youngsters living there. In response to a question, it was stated proof of service of the notice of hearing via certified mail has not been received; however, a copy of the notice was hand delivered today. Attorney Salzman stated that in emergency situations, public safety outweighs due process rights. Notice of the violation was made known to all involved. Mr. Zinzow moved that concerning Case No. 32-91 regarding violation of Section 5-1.7.1, NFPA Life Safety Code 101 as adopted by the Clearwater City Code on property located at 2025 Rogers St aka parcel #13/29/15/00000/420/0600, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd 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 Jeff Daniels, Fire Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A -five photographs of the property, it is evident that there are loose handrails and stairrails at the above referenced address. The Conclusions of Law are: Martin Cole, Registered Agent of Canterbury Oaks, Inc., is in violation of Section 5-1.7.1, NFPA Life Safety Code 101. It is the Order of this Board that Martin Cole shall comply with Section 5-1.7.1, NFPA Life Safety Code 101, as adopted by the Code of the City of Clearwater, by May 31, 1991. If Martin Cole does not comply within the time specified, the Board may order him to pay a fine of $200.00 per day for each day the violation continues to exist. If Martin Cole 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, Martin Cole shall notify Inspector Jeff Daniels, 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. A question was raised regarding what the City can do if the situation is ignored. The Fire Inspector stated action can be taken by the Fire Marshal to evacuate the building if deterioration continues. UNFINISHED BUSINESS Affidavits of Compliance Case 91-1-1 #2 Richard Leon 1002 Eldridge St. Case 91-3-1 #1 Clearwater Seville Ltd. vacant land S of Pearce Dr Mr. Wyatt moved to accept the Affidavit of Compliance in Case 91-1-1 #2 and Case 91-3-1 #1. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None MINUTES - Meeting of May 8, 1991 Mr. Cardinal moved to approve the minutes of the meeting of May 8, 1991 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - 3:25 p.m.