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08/11/1993 MUNICIPAL CODE ENFORCEMENT BOARD August 11, 1993 Members present: William Murray, Chairman D. Wayne Wyatt, Vice-Chairman Stephen D. Swanberg Louise C. Riley E.J. Robinson Peg Rogers Absent: Louise Bolton (unexcused) Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Mary K. Diana, Secretary for the Board Gwen J. 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. Case No. 44-93 James R. Nichols 1402 N Greenwood Avenue (Life Safety Code) Continued from 7/14/93 Attorney Salzman stated this case was continued on July 14, 1993 to notify the property owner to appear before the Board. Mr. Nichols, the lessee, pointed out the owner of the property, Hardy Griffin, is deceased and the property is being managed by Mrs. Taliaferro. Fire Inspector Jeff Daniels updated the Board on this case. He stated the fire extinguisher has been inspected and tagged; however, the ceiling violation resulting from the roof problem has not been corrected. In response to questions, it was indicated Mrs. Taliaferro was subpoenaed; however was out of town and could not be present. Mr. Nichols stated he has spoken with Mrs. Taliaferro's son. Concerns were expressed the existing condition of the roof could be a threat to public safety and health. Member Wyatt moved that, concerning Case No. 44-93, regarding violation of Life Safety Code 101 Sections 25-3.1 and 17.32 of the Clearwater City Code, on property located at 1402 N Greenwood Avenue, a/k/a Lincoln Place, Block 1, Lot 7, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearings held the 14th day of July and the 11th day of August, 1993, 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 Karl Whittleton (7-14-93) and Jeff Daniels, Life Safety Code Inspectors, and James R. Nichols, lessee, and viewing the evidence, it is evident an unsafe condition exists (a ceiling in disrepair) at 1402 N Greenwood Avenue. The Conclusions of Law are: James R. Nichols, lessee, and Hardy Griffin, owner c/o Patricia Taliaferro are in violation of Life Safety Code Sections 25-3.1 and 17.32 of the Clearwater City Code. It is the Order of this Board that James R. Nichols, lessee, and Hardy Griffin, owner, c/o Patricia Taliaferro, shall comply with Life Safety Code Sections 25-3.1 and 17.32 of the Code of the City of Clearwater by September 10, 1993. If James R. Nichols, lessee and Hardy Griffin, owner, c/o Patricia Taliaferro do not comply within the time specified, the Board may order them to pay a fine of $150.00 per day for each day the violation continues to exist past the compliance due date. If James R. Nichols, lessee, and Hardy Griffin, owner, c/o Patricia Taliaferro do 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, James R. Nichols or Patricia Taliaferro shall notify Karl Whittleton or Jeff Daniels, the City Official(s) 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. 47-93 John Holm 1364 Friend Avenue (Public Nuisance) Appeal continued from 7/28/93 No one was present to represent the property owner. Rick Rosa, Code Enforcement Inspector, gave a brief history of the case, stating Mr. Holm testified on July 28, 1993, he would be in compliance in two weeks; however, two of the five non-conforming vehicles (both without tags) remain on the subject property. Attorney Salzman stated the violation still exists and the time period for compliance has expired. He said Mr. Holm's absence from today's meeting constitutes a forfeiture and the Board can deny the appeal and authorize the City to take immediate corrective measures. Member Riley moved that, concerning Case No. 47-93, the appeal be denied as the violation still exists, and the City be authorized to take immediate corrective measures to bring the property into compliance. The motion was duly seconded and carried unanimously. Case No. 51-93 Arthur & Mary Bruno / R. Mazikoske 1645 Gulf to Bay Boulevard (Land Development Code) Continued from 8/11/93 Geri Doherty, Inspection Specialist, in a memorandum dated August 9, 1993, requested Case No. 51-93 be continued as the property owner has applied for a sign variance and it is not known when this application will be heard by the City Commission. Case No. 54-93 S & A Property Corp / Bennigan's 2640 Gulf to Bay Boulevard (Land Development Code) Continued from 8/11/93 Geri Doherty, Inspection Specialist, in a memorandum dated August 9, 1993, requested Case No. 54-93 be continued because a sign permit was issued to Bennigan's for a sign which conforms to current sign regulations. A 60-day grace period (which will expire October 1, 1993) for removing non-conforming signage is allowed. Case No. 58-93 T C L Property, Inc 21799 North US 19 (Land Development Code) Request to Continue Geri Doherty, Inspection Specialist, requested this case be continued to allow time to notify the registered agent. Member Wyatt moved to continue Case Nos. 51-93, 54-93 and 58-93 to the meeting of September 8, 1993. The motion was duly seconded and carried unanimously. Case No. 59-93 Marlee Winner 395 Mandalay Avenue (Land Development Code) Sharon Young, lessee representing the property owner, admitted to the violation. She stated the owner had not notified her that outside display of merchandise was not allowed and Ms. Young removed the display when she received the citation. Ms. Young did not agree with the code regarding outside displays and felt it should be addressed. It was indicated the City is reviewing the ordinance. Member Riley moved that, concerning Case No. 59-93, regarding violation of Section 40.004(2) of the Clearwater City Code on property located at 395 Mandalay Avenue, a/k/a Barbour Morrow Sub, Block A, Lots 21 & 22, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of August, 1993, 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 Sharon Young, tenant of Marlee Winner, her admission the violation existed, and viewing the evidence, it is evident merchandise was displayed on the sidewalk at 395 Mandalay Avenue, this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Marlee Winner was in violation of Section 40.004(2) of the Clearwater City Code. It is the Order of this Board that Marlee Winner, property owner, shall comply with Section 40.004(2) of the Code of the City of Clearwater. If Marlee Winner repeats the violation, the Board may order her to pay a fine of $25.00 per day for each day the violation continues to exist after she is notified of the repeat violation. 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. 60-93 W H Neudeck 311 S Gulfview Blvd (Land Development Code) William Neudeck, property owner, admitted to the violation. He stated he displays inflatables outside because there is not enough room inside his small shop. He felt the code was discriminatory in that outside displays are allowed in other areas of the City. He felt the code should be changed to allow reasonable outside displays. The defendant submitted for the record photographs of the subject property, Defendant Exhibit A. Mr. Neudeck was informed the City Commission is considering the outside display ordinance and was encouraged to provide input. Vicki Niemiller, Code Enforcement Inspector, said she had taken photographs of the subject property this morning and the violation still exists. These photographs were submitted for the record, City Exhibit A. Discussion ensued regarding the photographs and a question was raised whether merchandise was allowed to be displayed if located under the overhand of a building. Ms. Niemiller stated under the public nuisance ordinance, outside displays are not allowed anywhere in this zoning district. Member Wyatt moved that, concerning Case No. 60-93, regarding violation of Section 40.004(2) of the Clearwater City Code, on property located at 311 S Gulfview Boulevard, a/k/a Lloyd-White-Skinner Sub, Lot 60, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 11th day of August, 1993, 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 Vicki Niemiller, Code Inspector and W H Neudeck and viewing the evidence, exhibits submitted, City Exhibit A and Defendant's Exhibit A, photographs of the subject property, it is evident an outside display of merchandise exists at 311 S Gulfview Boulevard. The Conclusions of Law are: W H Neudeck is in violation of Section 40.004(2) of the Clearwater City Code. It is the Order of this Board that W H Neudeck shall comply with Section 40.004(2) of the Code of the City of Clearwater within 5 days (by August 16, 1993). If W H Neudeck does not comply within the time specified, the Board may order him to pay a fine of $25.00 per day for each day the violation continues to exist past the compliance due date. If W H Neudeck 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, W H Neudeck shall notify Vicki Niemiller, 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. Mr. Neudeck expressed concern the five-day time limit to comply placed him at a competitive disadvantage with the neighboring businesses, as eight outdoor display cases on today's agenda are being continued to the next meeting. He requested the Board reconsider the compliance due date, extending it to be compatible with what was granted to neighboring businesses. Member Wyatt moved to amend the order concerning Case No. 60-93, to have W H Neudeck comply with Section 40.004(2) of the Code of the City of Clearwater by August 30, 1993. The motion was duly seconded and carried unanimously. Case No. 62-93 Speros & Joan Frangedis 437 S Gulfview Boulevard (Land Development Code) Request to continue Case No. 63-93 Helen A Gelep 444 Mandalay Avenue (Land Development Code) Case No. 64-93 Antonios Markopoulos 100 Coronado Drive (Land Development Code) Case No. 65-93 Antonios Markopoulos 100 Coronado Drive, 108-B (Land Development Code) Case No. 66-93 Kay Soful 403 Mandalay Avenue, B (Land Development Code) Sidney Kilgore, attorney, representing the lessees of the properties in Case Nos. 62-93, 63-93, 64-93, 65-93 and 66-93, requested the cases be continued as he has recently been asked to step in and is only prepared to present a cursory argument. Member Riley moved to continue Case Nos. 62-93, 63-93, 64-93, 65-93 and 66-93 to the meeting of August 25, 1993. The motion was duly seconded and carried unanimously. Case No. 67-93 Kay Soful 399 Mandalay Avenue (Land Development Code) Case No. 68-93 Kay Soful 403 Mandalay Avenue, A (Land Development Code) No one was present to represent the property owner. Member Riley moved to continue Case Nos. 67-93 and 68-93 to the meeting of August 25, 1993. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS Case No. 42-93 David & Eileen Lucier 704 S Hillcrest Avenue Affidavit of Compliance Member Riley moved to accept the Affidavit of Compliance in Case No. 42-93. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION/DISCUSSION Case No. 19-92 Aztec Insurance Company 905 & 907 Hart Street Address Board re fine Julio Aldecocea, representing Aztec Insurance Company, requested the fine be reduced indicating there has been no history of violations on the property. He gave a lengthy history of the property, outlining the problems associated with being an absentee owner. Mr. Aldecocea indicated the four buildings on two lots are worth about $6,000 and there was interest in donating them to the City; however, the City could not accept property with a lien attached. Mr. Aldecocea said about $40,000 was invested into bringing the property into compliance before it was decided to raze the buildings. Victor Chodora, City Building Official, discussed details of the property, the time span and extenuating circumstances regarding the compliance efforts. In response to questions, Mr. Aldecocea stated he was aware of the accruing fine and he was in contact with City staff during the attempted restoration and demolition. He said he did address the City Commission regarding demolition of the property; however, they did not have the authority to waive the fine. He stated back taxes and other expenses incurred have been paid. In response to a question, Mr. Aldecocea indicated insurance companies are regulated, which does not allow property to be donated. In response to a question, Mr. Aldecocea said the property was obtained through foreclosure in March 1991 and they were not informed of the condition of the building at that time. Discussion ensued in regard to the time frame for the different phases of work in order to bring the buildings into compliance. Due to crime in the area, the contractor was pulled off the job. In response to a question, Mr. Aldecocea said the property was secured when the contractor was pulled off; however, they had a problem with vandalism. Discussion ensued regarding whether or not a good faith effort was made in this case and whether to reduce the fine. Concern was expressed the City and the Board had not been kept apprised of compliance efforts and the delays due to extenuating circumstances. Member Swanberg moved that, concerning Case No. 19-92, the fine be reduced to $1,500.00. The motion was duly seconded and upon the vote being taken, Mses. Riley and Rogers, Messrs Murray, Robinson and Swanberg voted, "aye"; Mr. Wyatt voted, "nay". Motion carried. Case No. 92-92 Yvonne Irle 1303½ N. Ft Harrison Avenue Address Board In a letter dated August 5, 1993, Ms. Irle requested to address the Board regarding the fine in this case, claiming she was not aware a fine was accruing. Member Riley moved to approve the request to address the board regarding the reduction of the fine in Case No. 92-92 on a date to be scheduled by the Board Secretary. The motion was duly seconded and carried unanimously. Case No. 3-93 Frank McKinley / Joel Kehrer 206 S Greenwood Avenue Address Board re fine In a letter dated July 27, 1993, Mr. McKinley requested to address the Board regarding the fine in this case. Discussion ensued regarding this case with it being indicated there may have been extenuating circumstances due to the March no-name storm. Member Wyatt moved to approve the request to address the Board regarding reduction of the fine in Case No. 3-93 on a date to be scheduled by the Board Secretary. The motion was duly seconded and carried unanimously. MINUTES - Meeting of July 14, 1993 Member Riley moved to approve the minutes of July 14, 1993, as submitted. The motion was duly seconded and carried unanimously. ADJOURN - The meeting was adjourned at 5:12 p.m. Chairman MUNICIPAL CODE ENFORCEMENT BOARD ATTEST: Secretary