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03/23/1994 MUNICIPAL CODE ENFORCEMENT BOARD March 23, 1994 Members present: Louise C. Riley, Vice-Chairman Dennis Henegar Carl Rayborn E.J. Robinson Peg Rogers Members absent: Stephen D. Swanberg, Chairman (excused) Robert Theroux (excused) 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 74-93 C T Corp Syst / K-Mart Corp 2130 Gulf To Bay Blvd (Land Development Code) Continued from 8/11/93, 9/8/93, 10/13/93, 11/10/93 & 1/12/94 In a memo dated March 18, 1994, Inspections Specialist Geri Doherty stated a sign variance was granted on February 7, 1994 subject to the condition the existing nonconforming signs be brought into compliance within 60 days. Ms. Doherty requested this case be continued to the meeting of April 13, 1994. Member Henegar moved to continue Case 74-93 to April 13, 1994. The motion was duly seconded and carried unanimously. Case 104-93 Gertrude S Nall, Trustee Golden Dream: / Menna-Digiovanni 2950 Gulf To Bay Boulevard (Land Development Code) Continued from 10/27/93, 11/10/93 & 1/12/94 Case 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, 11/10/93 & 1/12/94 Case 06-94 Carl Tilley, Inc., Carl Tilley, R.A. 1891 Drew St (Land Development Code) Continued from 1/12/94 & 1/23/94 In memos dated March 18, 1994 regarding Cases 104-93, 105-93 and 06-94, Inspections Specialist Geri Doherty stated sign variances are scheduled to be heard on April 19, 1994. She requested these cases be continued to the meeting of May 11, 1994. Member Henegar moved to continue Cases 104-93, 105-93 and 06-94 to the meeting of May 11, 1994. The motion was duly seconded and carried unanimously. Case 09-94 Herbert & Jane Wollowick 2789 Gulf To Bay Blvd (Land Development Code) Continued from 3/9/94 Herbert Wollowick did not agree to the violation. Barbara Sexsmith, License Inspector, stated balloons were displayed on the subject property in violation of the Land Development Code relating to signs. This is a recurring violation. She stated she took pictures of the balloons on February 11, 1994 and contacted Mr. Wollowick's office on February 14, 1994. She left a message with his secretary notifying her of the violation and indicated that a notice of violation would be sent to him. The property owners' address was verified through the property appraiser's office and the official notice of violation was mailed February 15, 1994. Ms. Sexsmith stated the certified mail receipt was returned signed, dated February 19, 1994. The violation has been corrected. City Exhibit A, photographs of the subject property, was submitted for the record. In response to questions, it was indicated the subject property is located in a shopping center at the intersection of Gulf to Bay Boulevard and Hampton Road. The balloons were tied with strings to a sign anchored in the ground. Ms. Sexsmith responded to questions from Mr. Wollowick, stating she spoke with Miss Claspell, tenant of the subject property at the time of the first violation and with Mrs. Wollowick in March. She explained the property was cited before for the same violation and complied prior to the hearing. The matter is now being brought before the Board to establish a repeat violation. Mr. Wollowick stated he did not receive the notice of violation because he was out of town on business at the time. He indicated he and Mrs. Wollowick own the shopping center in question and try to operate the property in a proper manner. He requested to be telephoned prior to any citations being issued. He said there is always someone who can contact him. He expressed concern with the practice of holding the property owners responsible for violations of the tenants, stating he works full-time and cannot police the activities of all his tenants. Discussion ensued regarding a landlord's responsibility and the Wollowick's attempts to gain compliance. Assistant City Attorney Lance explained the City's position, stating a quicker response is obtained by citing the property owner because they have a vested interest in the property. The City is seeking compliance, not fines. Concern was expressed balloons flying across a sidewalk could create a safety hazard. Brenda Claspell, lessee, stated she rents from the Wollowicks and has been active in trying to get City Commission approval for grand opening signs. She stated she needed the balloons to attract customers until she saved enough money to have neon signs made for her business. She said she now has her neon and explained she is only trying to make a living, not to be unruly with the City. She said other businesses in the area use balloons to attract customers and feels she is being singled out. Attorney Lance reported a code amendment is in process to allow grand opening signs. Dr. Wollowick requested the City investigate changing the code to hold tenants responsible for their own violations. He felt lessees should be notified first of the violation. Discussion ensued regarding the lessee leaving the property without addressing the violation. Member Rogers moved that, concerning Case 09-94, regarding violation of Section 44.57(2) of the Clearwater City Code on property located at 2789 Gulf to Bay Boulevard a/k/a Baskins Replat Resub, Pt of Blk 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of March, 1994, 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 Barbara Sexsmith, License Inspector and Herbert & Jane Wollowick and viewing the evidence, exhibits submitted, City Exhibit A, photographs of the subject property taken February 11, 1994, it is evident balloons were displayed at 2789 Gulf To Bay Blvd, this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Herbert & Jane Wollowick were in violation of Section 44.57(2) of the Clearwater City Code. It is the Order of this Board that Herbert & Jane Wollowick shall continue compliance with Section 44.57(2) of the Code of the City of Clearwater. If Herbert & Jane Wollowick repeat the violation, the Board may order them to pay a fine of $25.00 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. Case 10-94 Arthur T Doyle 1113 Tuskawilla Dr (Land Development Code) Continued from 3/9/94 Arthur T. Doyle, the property owner, did not agree to the violation. Rick Rosa, Code Inspector, stated a Level III Group Care was operating in a residential zone where the use was not allowed. He stated he is satisfied the violation no longer exists; however, he wanted to establish the status as a recurring violation. He submitted a copy of a news article indicating that Jericho House has shut down the prison rehabilitation program. Mr. Rosa stated the subject property is a condominium complex zoned multi-family residential (RM-12) and abuts Belleair Elementary School. In February of 1993, Mr. Doyle was notified of a land use violation concerning the operation of Jericho House, a halfway house working to assimilate ex-convicts back into society. There was concern among the neighbors with the presence of convicted pedophiles at the facility. Bob Loeffler, Executive Director of Jericho House wrote to City Police Chief Kline in February 1993, that the pedophiles had been removed from the premises. Mr. Rosa stated he spoke with Mr. Loeffler, explaining the violation regarded the zoning, not the facility helping ex-convicts. Police Detective James Houck testified there were complaints concerning many of the residents at the facility being sex offenders. He said the area backed up to a day care center and was within a block of an elementary school. The facility appeared to be a ministry to help those coming out of prison with housing, job counselling and going back into society. He stated he talked to Mr. Robert Cottingham who identified this housing project as the intake area for Jericho House. He spoke to a lady in an area at the facility that had food storage and was described as where the residents prayed and had counseling sessions. The Code Enforcement Team was contacted and Rick Rosa submitted his report on February 9, 1994. Detective Houck stated the police investigation of the case continued several days and was inactivated on February 11, 1994. Detective Houck said he received information that approximately a year ago a member of the Jericho House program sent information to the children at the elementary school he would pay them to be photographed in the nude. He said this is the first time he dealt with Jericho House. In response to a question, Detective Houck said he spoke to an Isaiah Addison, Robert Cottingham and Mark Gupton, child sex offender. Mr. Doyle objected, indicating Mr. Gupton is in his employ. Detective Houck said he was unable to make contact with the executive director. He said he was contacted by the principal of the Belleair Elementary School stating Rev. Loeffler had contacted her and apologized regarding the type of people at the facility and felt guilty as the facility was supposed to have been closed a year ago. On February 11, 1994, Detective Houck said he was contacted by his supervisor who stated she was advised that Rev. Loeffler and Mr. Baker had been fired from Jericho House and would be leaving the premises. He said she also informed him Mr. Gupton will remain at the property to do maintenance work. He said the elementary school and day care center have been contacted and advised that the Jericho House program would cease existence. He said he has checked the property twice and has found no violations. Discussion ensued regarding conversations between police and various staff members and residents of Jericho House and the process to remove child sex offenders from the facility. In response to a question, Detective Houck said he believes Jericho House is gone and the property is no longer being used as a halfway house. Rick Rosa stated he entered one condominium unit on February 10, 1994 and took a photograph of food supplies. He said the manager would not allow any more pictures. City Exhibit A was submitted for the record, a composite exhibit consisting of a photograph of the subject property; a newspaper article concerning Jericho House; a letter from Mr. Doyle's attorney dated February 12, 1993 and a letter from Bob Loeffler to Chief Kline dated February 11, 1993. Mr. Doyle presented his case, stating he has had an occupational license to rent property at that location for 11 years. He requested the definition of a Level III Group Care and Mr. Rosa read the applicable code section. Mr. Doyle stressed he has always demonstrated his willingness to communicate with City staff. He gave the background of the property, stating he bought Sunshine Villa Condos nine years ago as an investment. In response to a question, Mr. Doyle indicated he owns the majority of units in Sunshine Villa Condos and manages the overall property for the other owners and he has rented to Jericho House. He said he has been involved in management and rentals of the units for about four years. He described the difficult rental conditions and the devaluation of the properties in the neighborhood. He indicated he had been renting the units to specific men who were being ministered to without being aware this was considered as a Level III Group Care use. He felt the violation occurred because there was business activity on the site. He gave a lengthy history of the activities of the residents and staff on the property. After a period of time he indicated it was felt Jericho House should not operate on the premises and was discontinued. Mr. Doyle stated he personally leads prayers and meetings and has distributed some donated food to the residents, all of which have nothing to do with Jericho House. He stated he frequently contacts City police for help with tenants. Staff indicated the violation once existed, does not exist now and recommended a fine of $200.00 per day for each day of a repeat violation. Member Rogers moved that, concerning Case 10-94, regarding violation of Section 40.004(2) of the Clearwater City Code at 1113 Tuskawilla Dr a/k/a Sunshine Villas Condo Phase 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 23rd day of March, 1994, 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 Rick Rosa, Code Inspector, Clearwater Police Detective James Houck and Arthur T Doyle and viewing the evidence, exhibits submitted, City Exhibit A, a photograph of the subject property, a copy of a newspaper article and two letters regarding Jericho House, it is evident that a Level III Group Care was operating in a residential zone (RM12) at 1113 Tuskawilla Dr, which is not allowed as a permitted or conditional use in the zone assign to the subject property, this condition was corrected and recurred. It is further evident that the condition was corrected prior to this hearing. The Conclusions of Law are: Arthur T Doyle was in violation of Section 40.004(2) of the Clearwater City Code. It is the Order of this Board that Arthur T Doyle shall continue compliance with Section 40.004(2) of the Code of the City of Clearwater. If Arthur T Doyle repeats the violation, the Board may order him to pay a fine of $150.00 per day for each day the violation continues to exist after he 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 upon the vote being taken, Members Riley, Rogers, Henegar and Rayborn voted "aye"; Member Robinson voted "nay". Motion carried. In response to a question, Mr. Doyle indicated Jericho House has been sponsored by a number of churches. UNFINISHED BUSINESS OTHER BOARD ACTION / DISCUSSION Case No. 61-92 James A Wooding and Mary L. Wooding 601 N Garden Avenue (Unsafe Building) Address Board regarding fine Larry Lindner, realtor representing James A Wooding, addressed the Board regarding the subject property, stating there were numerous code violations and the building was being used by vagrants and transients. The owner lives in Knoxville, Tennessee and could not care for the property. Mr. Lindner stated Pace Tech, an adjacent property owner, contacted him, expressing an interest in purchasing the property, tearing down the building and maintaining the site. As the Woodings could not afford the $2,500 demolition fees, the potential buyers agreed to pay for the demolition and the building was torn down. He stated the potential buyers intend to pay the back taxes, lot mowing and utility liens and take care of the property if the fines can be waived. In response to questions, Mr. Lindner stated the lot is now empty and the buyer put up the demolition money in good faith. The contract price for the lot is $10,000. The reason Mr. Wooding waited so long to demolish the building is that he thought he could rehabilitate it, not realizing how badly it was deteriorated and then he could not afford the cost of demolition. Dixie Walker Duncan, the housing inspector who issued the original citation in August, 1992, testified the estimate of the scope of work at that time was over $30,000 and a City Community Development rehabilitation loan could not be obtained as the repairs would exceed 50% of the value of the structure. She stated she had received complaints about the activities at 600 North Garden Avenue. Pace Tech, in the interest of being a good neighbor, purchased and cleared that lot in 1992. It was indicated the accrued fine is $96,600 and the administrative fees are $137.10. Member Rayborn moved, concerning Case 61-92, to waive the fine except for the $137.10 administrative fees. The motion was duly seconded and carried unanimously. Case No. 47-93 John Holm 1364 Friend Avenue (Public Nuisance) Affidavit of Compliance Member Robinson moved, concerning Case 47-93, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. Attorney Salzman noted the minutes of February 23, 1994 incorrectly reflected the administrative costs as part of the accrued fine in Case 71-92 (Marguerite Flowers). The accrued fine should read $3,175.00. Member Rogers moved to amend the minutes of February 23, 1994 to reflect an accrued fine of $3,175.00. The motion was duly seconded and carried unanimously. MINUTES of the meeting of March 9, 1994 Member Robinson moved to approve the minutes of March 9, 1994, in accordance with copies submitted to each board member in writing. The motion was duly seconded and carried unanimously. Member Henegar requested staff to investigate how a certain individual can operate multiple businesses in Clearwater on one occupational license. ADJOURN The meeting was adjourned at 4:15 p.m. Chairman MUNICIPAL CODE ENFORCEMENT BOARD ATTEST: Secretary