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06/24/1992 MUNICIPAL CODE ENFORCEMENT BOARD June 24, 1992 Members present: William Murray, Chairman Bruce Cardinal, Vice-Chairman William A. Zinzow Louise C. Riley D. Wayne Wyatt Absent: Stephen D. Swanberg (excused) Stephen Gerlach (unexcused) 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 3:00 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. 43-92 John H. Allison 1106 Grove Street (Building Code/Unsafe Buildings) No one was present to represent the violator. Dixie Walker-Duncan, Housing Inspector, stated when she inspected the property on March 2nd, the tenants were being evicted. City submitted composite exhibit A, photographs of the property. The Inspector stated there is no heat or hot water. The walls are charred from the fireplace, the bathroom is gutted, and a hose has been connected from the hot water heater to the tub. After the property was posted, Robert Allison phoned stating he was the property manager. The Inspector delivered a second notice of violation to Robert Allison's office and they discussed what was needed to come into compliance. Mr. Allison said he would start work and asked for more time. The property is still unsecured, and there appears to be someone living there. Notice of the violation was again sent to John Allison on May 5th, and it was returned unclaimed. In response to questions, the Inspector stated she doesn't know to whom rent is paid. The real estate agent still has the property listed; she didn't question him regarding a current mailing address for John Allison because he did sign for the first notice she sent. The only contact she had was with Robert Allison after the property was posted. He was told the property needs to be secured. He was also given a copy of the notice of unsafe building. Currently, it appears a squatter is living in the house. James Heyer, resident at 1128 Grove Street, stated there are continuing problems with the homes in the area. Extensive work is needed to make the house habitable; the garage door is hanging and there is glass and other trash all over the yard. In response to questions, Mr. Heyer stated he has not noticed anyone at the property since the tenant was evicted. Most of the owners on the block are not local. He would consider the property to be a health and safety hazard to an occupant. In response to questions, the Inspector stated the condition of the property is a life safety violation; however, Fire Inspectors were not notified as there are no occupants. Upon reinspection, the violation still exists; she noticed that some cleaning had been done, and drywall was hung in the bathroom, which eliminated the ventilation. She stated the property needs to be secured and repaired, not just boarded up. The Inspector stated she has repeatedly inspected the property and it is constantly unsecured. Mr. Cardinal moved that concerning Case No. 43-92 regarding violation of Section 138.34 of the Clearwater City Code on property located at 1106 Grove Street a/k/a Bassadena Sub., Block C, Lots 44 & 45, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 24th day of June, 1992, 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 Dixie Walker-Duncan and James Heyer, and viewing the evidence, exhibits submitted: City composite exhibit A - photographs of the property, and the March 2nd Notice of Unsafe Building and Inspector's Report, it is evident that the structure at 1106 Grove Street is so damaged, decayed, dilapidated, unsanitary, unsafe and vermin infested that it creates a serious hazard to the health and safety of the occupants and the public. The Conclusions of Law are: John H. Allison is in violation of Section 138.34. It is the Order of this Board that John H. Allison shall comply with Section 138.34 of the Code of the City of Clearwater by 1) securing the property within 5 days (6/29) in a manner to prevent entry of unauthorized persons and to prohibit future tenants until compliance is complete and 2) complete compliance within 30 days (7/24). If John H. Allison does not comply within the times specified, the Board may order him to pay a fine of $250.00 per day for each day the violation continues to exist past the compliance due date. If John H. Allison does not comply within the times 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 H. Allison shall notify Dixie Walker-Duncan, 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. UNFINISHED BUSINESS Case No. 4-92 David J Gangelhoff d/b/a Gulf Marine 405 N Ft Harrison Avenue Affidavit of Compliance - Part 1 In response to a question, the Secretary stated non-compliance for part 2 of the order was accepted. Part 1 consisted of removal of the boats being illegally stored, and this has been done. Case No. 19-92 Aztec Insurance Company 905 & 907 Hart Street Affidavit of Compliance - Part 1 Affidavit of Compliance - Part 2 In response to a question, it was stated the buildings have not been demolished. Case No. 27-92 Hunter Blood Center Inc. 324 Jeffords Street Affidavit of Compliance Mr. Cardinal moved to accept the Affidavits of Compliance in Case Nos. 4-92, 19-92 and 27-92. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION - None. MINUTES - Meeting of June 10, 1992 Mr. Cardinal moved to approve the minutes of the meeting of June 10, 1992 as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 3:49 p.m.