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11/13/1991 MUNICIPAL CODE ENFORCEMENT BOARD November 13, 1991 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William A. Zinzow D. Wayne Wyatt Stephen D. Swanberg Stephen Gerlach Absent: Louise C. Riley (excused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Mary K. 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 Case No. 48-91 National Advertising Company 22726 U.S. 19 North (Land Development Code) Continued from 10/23/91 Request to continue Mr. Wyatt moved to continue Case No. 48-91 to the meeting of November 27, 1991 as requested by the Inspector. The motion was duly seconded and carried unanimously. Case No. 51-91 John S. Taylor III/Royalty Theatre 405 Cleveland Street (Life Safety Code) Richard Nail, Attorney representing Mr. Taylor, stated he has been working with Mr. Chester for some time regarding the repairs needed. He submitted Defendant's exhibit A, a copy of a proposal for various improvements and repairs to be made. Repairs could be completed within ninety days with the exception of the fire stairs exit at the rear of the building. Construction and installation of the stairs can be completed within sixty days of schematics. He requested abeyance of any fines during the compliance period. John Chester, Fire Inspector, stated he would like to withdraw two of the violations cited; specifically NFPA Life Safety Code sections 9-3.2.1.8 and 9-3.2.1.12 regarding automatic sprinklers and standpipe in stage areas, as the 1991 edition of the code eliminates the requirement for stages under 1,000 feet. In response to question, the Inspector stated ninety day compliance is acceptable to the City. In response to questions, Mr. Nail stated they have been working with the architect and tenants since the first notice of violation was issued in February. He stated Mr. Taylor has an arrangement with the architect, and they have had numerous meetings with the Inspector. Concern was expressed that this is an assembly area with life safety code violations. In response to questions, Mr. Chester stated the theater is currently in between programs. He stated some of the violations could be corrected sooner than ninety days; the emergency lighting can be done before the next production. In response to a question, Mr. Bob Lyons of SunWest Construction stated the work will be completed in thirty days provided there is no delay in acquiring the necessary permitting. He stated currently there is a verbal agreement for the work, and he is confident a formal contract is forthcoming. Mr. Cardinal moved that concerning Case No. 51-91 regarding violation of Sections 9-3.2.1.10, 9-3.4.1, 9-2.9, and 9-2.2.3 NFPA Life Safety Code 101 as adopted by Section 93.21 of the Clearwater City Code on property located at 405 Cleveland Street a/k/a John R. Davey's Resub. Block B, E 1/2 of Lot 7 & W 30'3" of Lot 6, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 13th day of November, 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 Richard Nail, Attorney representing Mr. Taylor, John Chester, Fire Inspector, and Bob Lyons, contractor engaged by Mr. Taylor, and viewing the evidence, exhibits submitted: Defendant's exhibit A, a proposal submitted by SunWest Construction, and acknowledgement by Mr. Nail that the violations exist, it is evident that life threatening conditions exist at 405 Cleveland Street. The Conclusions of Law are: John S. Taylor is in violation of Sections 9-3.2.1.10, 9-3.4.1, 9-2.9, and 9-2.2.3 of NFPA Life Safety Code 101. It is the Order of this Board that John S. Taylor shall comply with Sections 9-3.2.1.10, 9-3.4.1, 9-2.9, and 9-2.2.3 NFPA Life Safety Code 101 by 1) applying for the necessary building permit within 7 days, 2) by completing all work, except the stairs, within 30 days of acquiring the permit, and 3) completing installation of the fire stairs/exit at the rear of the building within 90 days of acquiring permit. If John S. Taylor 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 past the compliance due date. If John S. Taylor does not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, 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, John S. Taylor shall notify John Chester, 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. 53-91 Scott Paints Inc. 532 S. Missouri Avenue (Land Development Code) Complied prior Case No. 54-91 Timothy Borowicz/Flamingo Republic 403 Mandalay Avenue (Occupational License) Complied prior Case No. 55-91 Richard W. Barber 611 Druid Road E, #304 (Occupational License) Complied prior Case No. 57-91 John Potts/D I S C 26133 U S 19 N, #410 (Occupational License) Complied prior Case No. 58-91 Grey Wolf Inc. 2071 Range Road (Occupational License) Complied prior Mr. Wyatt moved to withdraw Case Nos. 53-91, 54-91, 55-91, 57-91 and 58-91. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Affidavits of Compliance Case 91-8-1 #8 Clark W. Mills about 709 Vine Avenue Case 91-8-1 #9 James C. & Darlene L. Grimes 1410 Hamlet Avenue Case 91-8-2 #3 Daisy Williams about 900 La Salle Street Case 91-8-2 #5 James Liddell Jr. about 908 Palmetto Street Case 91-8-2 #6 Ernest W. Bailey Est. 1404 Pennsylvania Avenue Case 91-9-1 #1 Nick Sagonias Est. about 650 Turner Street Case 91-9-1 #2 Forest Dean/Norman Kirkland, Tre. ROW on Turner St., N of 601 S. Myrtle Case 91-9-1 #3 Charles R. Smith 1200 Drew Street Case 91-9-2 #7 Ruthie Taylor/Lillie M. Taylor about 1125 Tangerine Street Case 91-9-2 #11 Daoul E. Debs 1498 Greenwood Avenue Case 91-10-1 #6 Marilyn L. Gorgen 2881 Edenwood Street Case 91-10-2 #15 Kenneth R. Boaz 1529 Madison Avenue South Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 91-8-1 #8, 91-8-1 #9, 91-8-2 #3, 91-8-2 #5, 91-8-2 #6, 91-9-1 #1, 91-9-1 #2, 91-9-1 #3, 91-9-2 #7, 91-9-2 #11, 91-10-1 #6, and 91-10-2 #15. The motion was duly seconded and carried unanimously. Case No. 6-91 Seville Condominium #12, Inc. 2699 Seville Boulevard Affidavit of Compliance Address Board re Accrued Fine Tom Chaplinsky, Construction Inspections Supervisor, stated he cited Seville for unsafe railings in August, 1989. Repairs were made rendering the condition of the railings safe on a temporary basis. In January, 1991, the repairs were no longer considered safe and the violation was heard by the board. The board ordered compliance by May 15th, which was not obtained; the permit was not issued until April 15th. Compliance was finally obtained October 23rd. In response to a question, Mr. Chaplinsky stated they replaced the railings with new ones. Most of the public portions were completed about a month prior to total compliance. In response to a question, it was stated the fine has accrued to over $40,000. Roger Laursen, attorney representing Seville #12, Inc., submitted a packet of papers including correspondence with the City and proposals and agreements for construction. They were first notified of the violation in February, 1988. There has been ongoing litigation against the developer since 1986 regarding defects in the construction. The developer had control of 38 of the 80 units until April 1991. He stated the litigation was successful. A construction company was contracted to repair the railings temporarily with shoring, which was inspected every 30-60 days by an engineer. In October, 1989, permits were issued to repair and replace the railings. In December, 1990, units were purchased out of bankruptcy and the owner contracted for repairs to bring the building into compliance. The board of the association in control at the time would not affect the contract. A new board was voted in and, as soon as they were installed, repairs were begun. This action took place in April and work has been ongoing since to fix the building. Mr. Laursen stated those people affected by the lien are those whose safety was involved. They have already spent a lot of money to gain control of the association and complete the necessary repairs. No money has been received from the developer. He requested the fine be waived, stating there was not any intentional defiance of the code; the problem is with inferior construction. Discussion ensued regarding the length of time this situation continued. Mr. Rothfield, a member of the current board, stated for two years they had a board that did not care anything about the building. In response to a question, he stated neither Ms. Peters nor Mr. Conley, who represented the association in the past, are on the present board. Discussion ensued regarding the seriousness of the violation, and how long it took for repairs to be completed. It was stated once the new board of the association was in place, repairs were completed in six months. Discussion also ensued regarding the fine penalizing those persons not guilty of the existence of the violation. Mr. Wyatt moved to accept the Affidavit of Compliance in Case No. 6-91. The motion was duly seconded and carried unanimously. Mr. Cardinal moved that the entire fine be forgiven. Andy Salzman, attorney for the Board, stated a fine can not be reduced below the actual processing costs. Mr. Cardinal moved to reduce the fine to an amount equal to actual costs as documented by the City. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None. NEW BUSINESS The Chairman welcomed new board members. He informed the board members that Mr. Aude will be recognized by the City Commission at its meeting of November 21, 1991. ADJOURN - The meeting adjourned at 4:25 p.m.