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02/24/1993 MUNICIPAL CODE ENFORCEMENT BOARD February 24, 1993 Members present: William Murray, Chairman D. Wayne Wyatt, Vice-Chairman Stephen D. Swanberg Louise C. Riley E.J. Robinson Peg Rogers Absent: Thomasine Fontana-Smith (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 3:00 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. 10-93 Jaime Viera 1006-1017 Vine Avenue (Standard Housing Code) In response to a question, Mr. Viera stated he agrees some of the units are in violation as cited but some have been corrected. He requested more time to comply, stating his funds are exhausted after fixing seven or eight units. He asked the bank to take back the property, but they refused. He also tried to get assistance from Community Development, but could not get funding. Some of the lessees have stopped paying rent; 30-90 days after leasing some units, the windows would be broken and fire alarms removed. He tried to keep an in-house manager on the property, but the manager was threatened. The units are listed with Clearwater Housing Authority, but they have not sent him any tenants. In response to questions, Mr. Viera stated he initiated the inspections report in June, 1991 to aid in his May, 1991 application for rehabilitation funds. During 1991, there were no tenants. In January or February, 1992, banking officials denied a loan due to it being a high risk area. He became six months behind in the mortgage payments, and started renting the units. He would repair one at a time and rent them out. Now he wants to try to attract older tenants. One unit needs complete renovation. He plans to place his brother in a unit with a security alarm as the in-house manager. In response to a question whether all the units are still in violation, Vern Packer, Building Inspector stated violations that still exist include a leaking roof, inoperative smoke detectors, rat problems, water leaks, broken and boarded up windows, no screens, debris, caved in laundry room roof, a non-working stove, a broken toilet and broken pipes causing flooding, and an entrance door without a threshold. These violations include units #1012, 1014, 1006, 1015-1017, and 1011 to the best of his knowledge; many of the units are not numbered. He is unsure if 1010 and 1008 are occupied; 1013, 1009 and 1007 are believed to be vacant. Mr. Viera disagreed that all those deficiencies still exist, stating many problems were addressed in September, 1992, though not bringing the units into total compliance. He is in the process of evicting tenants from units 1008, 1010 and 1006. Seven units are occupied, but only four tenants are currently paying rent. In response to a question, Mr. Viera stated he could complete one unit per month. A concern was expressed regarding the lack of an updated, accurate listing of the violations. A question was raised whether the conditions were life threatening, and the Inspector stated there is a life safety hazard with the boarded up windows. The smoke detector in the bedroom does not have a battery, and the tenant may not get out if a fire breaks out in the unit. City submitted composite exhibit A, photographs of the property taken February 17 and 23, 1993. Mr. Viera stated he repaired six units in September, rented them out, and they are already destroyed. He requested help in evicting some tenants. He gave a status of the conditions of the units of which he is aware. In closing, the Inspector stated complaints are received from the tenants and the Clearwater Police Department. He has met with Mr. Viera many times to resolve. This has been ongoing for some time, and the violations need to be addressed. He inspected the property this morning; immediate problems include bugs, rats, and the boarded up windows in an occupied unit. He stated the Planning Director indicated Mr. Viera should again contact Community Development. An updated list of the current violations for each unit was requested, but requiring that life threatening violations be corrected immediately. Member Riley moved that the Inspector come back to the Board with an updated list of the existing violations per unit, and continued Case No. 10-93 to the meeting of March 24, 1993. The motion was duly seconded and carried unanimously. Case No. 12-93 Alfred S. Bridges 1106 Greenwood Avenue North (Land Development Code) No one was present to represent the violator. Mike Quillen, of the Environmental Management Group, requested this case be withdrawn. He stated the violator has submitted a written commitment to comply by April 1, 1993, and staff is satisfied this will be accomplished. Member Wyatt moved to withdraw Case No. 12-93. The motion was duly seconded and carried unanimously. Case No. 13-93 Frank C. Kunnen, Jr. 2124 Sunnydale Boulevard (Land Development Code) Staff requested this case be continued for 30 days. In response to a question regarding why staff wants to continue the case, the Assistant City Attorney stated the City Attorney needs to review the case in more detail. Member Riley moved to continue Case No. 13-93 for 30 days. The motion was duly seconded. In response to whether any citizens in attendance objected to the continuance, none indicated they did. Upon the vote being taken, the motion carried unanimously. Case No. 14-93 Chevron USA Incorporated 23988 North US 19 (Land Development Code) Request to withdraw; complied Member Riley moved to withdraw Case No. 14-93 as compliance has been obtained. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 56-92 D.G. McMullen Properties Inc. 2870 Gulf to Bay Boulevard Affidavit of Compliance Case No. 93-92 Johnnie L. and Willie J. Criswell 1451 South Madison Avenue Affidavit of Compliance Case No. 7-93 Carlton L. McCray 1016-1/2 N. Greenwood Avenue Affidavit of Compliance Member Swanberg moved to accept the Affidavits of Compliance in Case Nos. 56-92, 93-92 and 7-93. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION Discussion ensued regarding Member Fontana-Smith's absences since beginning her term in November, 1992. It was stated due to health reasons and lack of the Notice of Public Hearing being received for the February 10 meeting, notification was not received regarding her absence from said meeting. Health concerns still exist, and Member Fontana-Smith will be advising us of her ability to continue to serve the Board after additional testing. If the Board wishes to keep Member Fontana-Smith from being automatically removed, an amendment to the minutes of February 10 to change the absence to excused is needed. A concern was expressed regarding the Board's need for a full membership should continued absences be necessary. MINUTES - Meetings of January 27 and February 10, 1993 Mr. Wyatt moved to continue approval of the January 27 and February 10, 1993 minutes to the meeting of March 10, 1993. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 4:20 p.m.