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07/14/1993 MUNICIPAL CODE ENFORCEMENT BOARD July 14, 1993 Members present: William Murray, Chairman D. Wayne Wyatt, Vice-Chairman Stephen D. Swanberg Peg Rogers Absent: Louise C. Riley (excused) E.J. Robinson (excused) Louise Bolton (unexcused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Holly Ausanio, Secretary for the Board Gwen Legters, Recording Secretary 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. 30-93 B American Inc. 2135 Drew Street (Occupational License) Continued from 6/23/93 Complied prior; Request to withdraw Member Wyatt moved to withdraw Case No. 30-93, as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 33-93 Robbie Cromeadie & E. Hamm 1414 Taft Street (Nuisance Code) Continued from 5/26/93 & 6/23/93 The original public hearing before the Board May 26, 1993 was reviewed. In a letter dated July 2, 1993, Gilbert P. Macpherson, P.A., attorney for the alleged violators, indicated he is waiting for a response from the church as to their interest in purchasing the subject property. He stated he would not be able to attend today's meeting and he felt the City should consider clearing the debris from the lot. Questions were raised regarding the condition of the property and whether or not the owners understand they are responsible for cleaning up the remaining rubble. It was reported E. Hamm is mentally incompetent and Ron Hamm, another family member, approved the burn. It was indicated there was no written agreement making the family responsible for the cleanup and compensation was not thought to be involved. Ms. Niemiller submitted photographs of the current condition of the property. She stated part of a chimney and the subflooring remain. A suggestion was made to have the matter handled like a public nuisance; have the City clean up and lien the property. Proceeding with a demolition was discussed; however, it was indicated three bids would be required before a demolition could take place. Discussion ensued regarding the responsible party in this case. While it was stated the property owner is usually responsible, in the absence of a written agreement, it was felt the City should proceed with clearing the lot. Consensus was to handled the matter through the Building Department as a demolition ordinance and lien. Ms. Niemiller requested the case be withdrawn. In response to a question, she did not know how long it would take to process the demolition. As this matter involves an unsafe structure, she did not feel it would take very long. Member Swanberg moved to withdraw Case No. 33-93. The motion was duly seconded and carried unanimously. Case No. 38-93 Budget Rent A Car Corporation 27001 North US 19 (Occupational License Code) Complied prior; Request to withdraw Member Wyatt moved to withdraw Case No. 38-93, as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 44-93 James R. Nichols 1402 North Greenwood Avenue (Life Safety Code) In response to a question, Mr. Nichols agreed to the violation. He indicated he has been unable to repair the roof due to lack of funds; however, he will fix it as soon as he has the money. In response to questions, he stated it is a flat roof on a beer tavern. The repairs will involve a roof brace and the interior ceiling over the counter. Karl Whittleton, Life Safety Code Inspector, stated the alleged violator has already been given six months to correct the problem and no more time can be extended. Approximately 20 to 25 square feet of the ceiling is down and rafters are exposed. Mr. Nichols stated he removed some of the sheetrock ceiling when the roof began to leak. In response to questions, Mr. Nichols stated food is not served in the establishment. He does not know when he will have the money to perform the necessary repairs, and he is not familiar with financial assistance programs for small businesses. Concern was expressed delaying the repairs will worsen the roof problem, and the financial burden will increase if a fine begins to accrue. A question was raised regarding whether or not it would be feasible to shut down the business until the necessary repairs are accomplished. In response to questions, Mr. Nichols stated he is the lessee. The property owner lives in St. Petersburg and her finances are not good either. Mr. Nichols indicated he has no maintenance contract with the owner and he has not discussed the violation with her, although he may have mentioned the matter in passing. Questions were raised regarding whether the property owner should be cited. Assistant City Attorney Lance noted the normal procedure is to cite the property owner. Board Attorney Salzman expressed concern with any action being taken without the owner's knowledge. Staff was requested to research the property records for the name and address of the owner and notify her of the need to appear before the Board. Discussion ensued regarding notification procedures with consensus of the Board and the Attorneys being to cite both the property owner and the lessee in future cases. Member Swanberg moved to continue Case No. 44-93 until the meeting of August 11, 1993, giving the City the opportunity to contact the legal owner of the property. The motion was duly seconded and carried unanimously. Case No. 45-93 Johnie Blunt 1317 N. Greenwood Avenue (Life Safety/Fire Code) Complied prior; Request to withdraw Member Wyatt moved to withdraw Case No. 45-93 as the violation has been corrected. The motion was duly seconded and carried unanimously. Case No. 46-93 Robert W. Hoyerman 802 Woodlawn Street (Public Nuisance) No one was present to represent Mr. Hoyerman. On June 14, 1993, a notice of appeal was filed by Samuel R. Hillman, attorney, concerning a notice of violation posted on the subject property. In response to a question, Vicki Niemiller, Code Enforcement Inspector, stated she has had no contact with Mr. Hillman. Attorney Salzman stated if the property owner or representative fail to appear before the Board, pursuant to an appeal request, and action is not taken to remedy the condition before the date specified, the property owner is considered to have authorized the City to remove the property in violation, charging costs and administrative fees to the property owner. Vicki Niemiller stated Mr. Hoyerman has removed most of the non-conforming vehicles and trailers; only a blue and white boat and trailer and a Chevy remain. Attorney Salzman stated, for the record, as there is no one present to represent the case, it is abandoned and is automatically denied. In response to questions, it was stated Mr. Hoyerman was notified of the hearing date by certified mail, there was no request for a new hearing date and he made no contact with the City. Member Rogers moved to deny the appeal in Case No. 46-93 based on the appellant's failure to appear. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 19-92 Aztec Insurance Company 905 & 907 Hart Street Request to address Board re fine Mrs. Ausanio reported the property owner received an affidavit of compliance and requested to come before the board regarding the $79,800 fine. Consensus was to schedule this for August 11, 1993 and to notify the property owner by certified mail. Case No. 3-93 Frank McKinley & Joel Kehrer 206 South Greenwood Avenue Affidavit of Compliance Case No. 41-93 Mary G. Realty Inc. 490 Mandalay Avenue Affidavit of Compliance Case No. 92-92 Yvonne M. Irle 1303-1/2 N. Ft. Harrison Avenue Affidavit of Compliance Update re lien status Member Wyatt moved to accept the affidavits of compliance for Case Nos. 3-93, 41-93 and 92-92. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION/DISCUSSION Lien Status Update Mrs. Ausanio reported Case No. 92-92, Yvonne M. Irle, was one of the three cases for which a lien status report was requested at the last meeting. Ms. Irle was informed she has the right to address the Board regarding the fine once the Board accepts the affidavit of compliance. Ms. Irle stated she did not receive any mail and was not aware of a fine. In response to questions, Mrs. Ausanio stated certified mail addressed to the alleged violator was returned unclaimed. A metal staircase at the side of a vacated building was the main violation, and the fine accrued to $49,500 through June 30, 1993. Case No. 41-92 Arthur and Irene Passias 1378 Milton Street (Building Code) Mrs. Ausanio reported the fine, calculated through June 30, 1993, was $32,600 and is still accruing. She stated compliance was due on August 8, 1992, an affidavit of non-compliance was issued but an affidavit of compliance was not received. Someone has signed for all the certified mail which has been sent to the violators. In response to a question whether the violation address is their dwelling, Mrs. Ausanio stated the mailing address is different. Case No. 43-92 John H. Allison 1106 Grove Street (Unsafe Buildings Code) Mrs. Ausanio stated the Inspector informed her there is a new owner who signed a disclaimer to the lien, and purchased the property as his domicile. The new owner is having difficulty with the costs of completing renovations and paying the mortgage. A question was raised regarding how the sale was closed in view of the lien, and it was thought this was due to him having signed the disclaimer. MINUTES - Meeting of June 23, 1993 Member Swanberg moved to approve the minutes of June 23, 1993, as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting adjourned at 3:53 p.m.