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10/27/1993 MUNICIPAL CODE ENFORCEMENT BOARD October 27, 1993 Members present: William Murray, Chairman E.J. Robinson Peg Rogers Stephen D. Swanberg Absent: D. Wayne Wyatt, Vice-Chairman (excused) Louise C. Riley, (excused) 7th seat vacant Also present: Miles Lance, Assistant City Attorney Andy Salzman, Attorney for the Board Lt. Jeff Kronschnabl, Special Assistant to the City Manager; Community Response Team Supervisor 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. PUBLIC HEARINGS Case No. 95-93 Sears Roebuck & Company 1297 South Missouri Avenue (Land Development Code) Continued from 9/22/93 Request to continue Rick Rosa, Code Enforcement Inspector, requested this case be continued. He stated staff has been working toward contacting someone locally who can assist the out-of-town property owner in gaining compliance. Member Swanberg moved to continue Case No. 95-93 to the meeting of November 10, 1993. The motion was duly seconded and carried unanimously. Case No. 102-93 C A H Properties, Inc. Charles A Harris, R.A. 19320 US Highway 19 North (Land Development Code) Lt. Kronschnabl stated the Community Response Team is now attempting to gain compliance through cooperation and education and requested this case be withdrawn. Case No. 103-93 Larry Bunting 804 N Pennsylvania Avenue (Land Development Code) No one was present to represent the property owner. Vicki Niemiller, Code Enforcement Inspector, stated the property was first inspected August 3, and the notice of violation was sent via regular and certified mail on August 9, with a compliance due date of August 17, 1993. The certified mail was returned unclaimed. The property was reinspected August 19, 1993 and found to be in violation. The property was reinspected this morning and was still in violation. She stated car parts are stacked up to the top of the six-foot tall fence, in some places. Mr. Bunting has an occupational license for maintenance of cabinets and furniture. City Exhibit A, a copy of a 1978 Occupational License application and Exhibit B, photographs of the subject property including a photograph of the notice of hearing, posted October 27, 1993, were submitted for the record. A concern was expressed if adequate notice had been given and Attorney Salzman pointed out an additional effort was made to notify the property owner by posting the property. In response to questions, Ms. Niemiller stated neighbors have not complained to her, however, there have been complaints from the police and fire departments. Staff recommended against handling this case as a public nuisance, because of the magnitude of the outside storage. Ms. Niemiller said she has made numerous unsuccessful attempts to contact the property owner. She stated storage of this magnitude is not allowed in residential areas because of public health concerns. Except for car parts on the roof of one structure, Ms. Niemiller said the parts cannot be seen over the fence. It was felt, for this reason, the property owner may not feel there is a problem. Member Swanberg moved that, regarding violation of section 40.004(2) of the Clearwater City Code at 804 N Pennsylvania Avenue a/k/a Pine Crest, Block 5, Lots 3 & 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of October, 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 viewing the evidence submitted, City Exhibit A, a copy of a 1978 Occupational License application and Exhibit B, photographs of the subject property including a photograph of a notice of hearing posted October 27, 1993, it is evident an activity or object that is not allowed as a permitted or conditional use in the zone assigned to the subject property, specifically, illegal outside storage of car parts existed on August 3 and October 26, 1993 at 804 N. Pennsylvania Avenue. The Conclusions of Law are: Larry Bunting is in violation of Section 40.004(2) of the Clearwater City Code. It is the Order of this Board that Larry Bunting shall comply with Section 40.004(2) of the Code of the City of Clearwater by November 11, 1993. If Larry Bunting does not comply within the time specified, the Board may order him to pay a fine of $100.00 per day for each day the violation continues to exist past the compliance due date. If Larry Bunting 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, Larry Bunting 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. Case No. 104-93 Gertrude S Nall, Trustee Golden Dream: / Menna-Digiovanni 2950 Gulf To Bay Boulevard (Land Development Code) Continued from 10/27/93 Case No. 105-93 Laura Connolly & G. Nall Gulf To Bay Motel / Menna-Digiovanni 2960 Gulf To Bay Boulevard (Land Development Code) Continued from 10/27/93 Geri Doherty, Inspection Specialist, requested Cases 104-93 and 105-93 be continued in accordance with a letter received from the attorney representing the Menna-Digiovanni partnership. Member Swanberg moved to continue Cases 104-93 and 105-93 to the meeting of November 10, 1993. The motion was duly seconded and carried unanimously. Case No. 106-93 Claude E Miranda 700 S Lake Drive (Land Development Code) Continued from 10/27/93 Janice King, Code Enforcement Inspector, requested this case be continued as Mr. Miranda felt he did not receive adequate notice of the hearing. It was noted the property was posted this morning and Mr. Miranda made no attempt to claim his notice sent by certified mail. Member Swanberg moved to continue Case No. 106-93 to the meeting of November 10, 1993. The motion was duly seconded and carried unanimously. Case No. 107-93 Stanislaw & Kazimiera Budzinski 201 S Gulfview Boulevard (Land Development Code) No one was present to represent the property owner. Vicki Niemiller stated the property was first inspected August 25, and the notice of violation was sent via regular and certified mail with a compliance due date of August 31, 1993. The certified mail receipt came back signed. The property was reinspected on August 31, 1993 and found to be in compliance. On September 25, an outside display of merchandise was again observed at this location and a notice of recurring violation was sent September 27, 1993. Upon inspection this morning, the property was found to be in compliance. City Exhibit A, photographs of the subject property, was submitted for the record. Member Robinson moved that, concerning Case No. 107-93, regarding violation of section 40.004(2) of the Clearwater City Code at 201 S Gulfview Boulevard a/k/a Lloyd White-Skinner Sub, Lots 48-52 & 98, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 27th day of October, 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 viewing the evidence submitted, City Exhibit A, a photograph of the subject property, it is evident there existed an activity or object that is not allowed as a permitted or conditional use in the CR 28 zoning district assigned to the subject property, specifically, illegal outside display of merchandise at 201 S Gulfview Boulevard; this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Stanislaw & Kazimiera Budzinski were in violation of Section 40.004(2) of the Clearwater City Code. It is the Order of this Board that Stanislaw & Kazimiera Budzinski shall continue to comply with Section 40.004(2) of the Code of the City of Clearwater. If Stanislaw & Kazimiera Budzinski repeat the violation, the Board may order them to pay a fine of $150.00 per day for each day the violation continues to exist after they are 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. UNFINISHED BUSINESS Case No. 96-93 New Orleans, Inc. / Seahawk 1721 Gulf to Bay Boulevard (Land Development Code) Affidavit of Compliance Member Swanberg moved, concerning Case No. 96-93, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. Case No. 92-93 Robert Schoeller / Cynthia Daniel 630 Drew Street (Building Code) Affidavit of Non-Compliance Member Swanberg moved, concerning Case No. 92-93, to accept the Affidavit of Non-Compliance and initiate the order imposing the fine. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION/DISCUSSION Case No. 60-92 David Legault / James P. Knight 803 Railroad Avenue (Unsafe Building) Request for Waiver of Fine James Knight, co-owner of the subject property, gave a brief history of the property. He stated the house was purchased in 1984 and was rented out until 1990 when it began to deteriorate. After having been notified by City Code Inspector, Vern Packer, in 1990 that code violations existed, it was determined not to be feasible to repair the house. Mr. Knight said his partner attempted to donate the house to the City for a controlled burn and time was spent waiting for insurance company authorization. However; Mr. Knight said, due to communication problems, the burn was not accomplished and the City was not notified of their efforts to gain compliance. Mr. Knight said he was contacted by Jerry Spilatro, with Clearwater Neighborhood Housing Services (CNHS), regarding making the property available for the Infill Housing program. The property was offered and a potential homeowner was found. A title search, however, revealed there was a $250.00 per day fine accruing on the property. Mr. Knight said he was unaware of this fine. He said he immediately contacted staff and arranged for the house to be demolished. Mr. Knight requested the fine be removed to sell the property to CNHS. In response to questions, it was indicated the fine had been running since September 8, 1992 and totalled $33,250. Discussion ensued regarding notification and it was indicated the certified mail to the property owners was returned unclaimed and was remailed regular mail at the request of Mr. LeGault, who contacted the City Clerk Department by telephone. Mr. Salzman stated the fine cannot be reduced below demolition and administrative costs. Vern Packer, Code Enforcement Inspector, in response to questions, gave a chronological history of events in this case in trying to obtain compliance. He pointed out the controlled burn could not be done on property with a mortgage. Mr. Packer stated he had experienced communication problems with the two partners who were very cooperative once contact had been established with both of them. He said they agreed to sign a waiver to demolish two problem properties. In response to a question, Mr. Packer said the properties were not adjacent to each other. Miles Lance and Jeff Kronschnabl left the meeting at 4:05 p.m. Discussion ensued regarding the property owners' attempts to secure or remove the building, the amount of the fine and the CNHS expressing an interest in obtaining the property. In response to a question, it was indicated the market value of the property is approximately $7,000. Mr. Knight pointed out he still needs to pay the mortgage and demolition lien. Concern was expressed in reducing the lien before having a signed contract with CNHS. A recommendation was made to obtain verification regarding a contract from the CNHS prior to deciding the matter of the fine. Mr. Packer stated the property owners have made a good faith effort to cooperate. Member Swanberg moved, concerning Case No. 60-92, to postpone a decision on the respondents' request to waive the fine until the meeting of November 10, 1993. The motion was duly seconded and carried unanimously. Discussion ensued regarding the procedures of the Community Response Team. Attorney Salzman stated staff is no longer making recommendations to the Board and is now attempting a new approach to gain compliance through cooperation and education of the client. Member Rogers requested information relating to the new procedures. The Board Secretary will request Lt. Kronschnabl to address the Board at the next meeting. Discussion ensued regarding the factors to be considered in deciding a case. While setting a precedent was indicated to be important in some court cases, Attorney Salzman stated the Municipal Code Enforcement Board's decisions should be made on a factual basis for each individual case. Member Murray suggested referring to an alleged violator as a "respondent" until a violation is found or admitted. Member Murray, having completed his second term on the Board, was thanked for his years of service. ADJOURN The meeting was adjourned at 4:25 p.m. Chairman MUNICIPAL CODE ENFORCEMENT BOARD ATTEST: Secretary