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02/22/1995 MUNICIPAL CODE ENFORCEMENT BOARD February 22, 1995 Members present: Stephen D. Swanberg, Chair Louise C. Riley, Vice-Chair Dennis Henegar Helen Kerwin Carl Rayborn Peg Rogers Robert Theroux Also present: Andy Salzman, Attorney for the Board Miles Lance, Assistant City Attorney Lt. Jeff Kronschnabl, Special Assistant to the City Manager/Community Response Team Mary K. Diana, 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. Case 12-95 Julie A Leabu / Barton A Kolasa 1429 S Evergreen Avenue (Public Nuisance) Code Inspector Janice King gave the background of the case, stating the violation is for a vehicle without a valid license tag. The property ownership was verified through the records of the Pinellas County Property Appraiser. She stated the certified mail receipt was returned indicating the notice of violation was delivered on January 17, 1995. Ms. King stated she had talked with the real property owner, who was planning to attend today's hearing; however, had not arrived. Ms. King stated she first observed the violation on December 29, 1995. The notice of violation was issued on January 12, 1995, with a January 23, 1995 compliance date. She stated she photographed the violation on January 9, 1995. City Exhibit A, photographs of vehicles on the subject property, was submitted for the record. Continuing her testimony, Ms. King stated, at the time of the original inspection, she observed two untagged vehicles; a station wagon and a covered car. The station wagon was later removed. Upon reinspection today, she noted the covered car remains untagged. She recommended removing or garaging the vehicle within ten days, or authorizing it to be towed. Barton Kolasa, the vehicle owner, explained he is in the process of restoring a classic car inside the garage on the subject property. He stated the untagged vehicle is being used for parts and as a model for correctly reassembling the restoration project. He requested additional compliance time, stating he estimates completion of the restoration in about three months. In response to questions, Mr. Kolasa stated he uses the untagged car for parts and keeps it on site for reference. He stated he is renting the residence from the real property owner, who is aware and approves of his project. He said he keeps the parts car covered so it will not be an eyesore, and expressed concern with a number of untagged vehicles on other properties in the area. He stated he had photographs of those violations. Ms. King stated, if he wished to provide addresses of the properties in question, she would investigate. Lt. Kronschnabl noted there are a number of County enclaves in the area which are not under the City's jurisdiction. A question was raised how this issue first came to the attention of the inspector. Ms. King stated, while working in the neighborhood, she observed two untagged vehicles on the property. Discussion ensued regarding the Code definition of debris relating to abandoned and inoperable vehicles. In response to a question, Attorney Salzman read from Code section 20.32, in which untagged vehicles are defined as inoperative. In response to a question, Mr. Kolasa stated he has arranged with an auto parts dealer for the disposal of the remainder of the parts car at the completion of his project. Julie Leabu, the real property owner, arrived at 3:15 p.m. and was sworn in. She stated there were two cars on the property. Mr. Kolasa disposed of one and covered the other. She did not feel the parts car presents a problem and did not object to the project. She felt Mr. Kolasa has been cooperative in his compliance efforts and should be allowed to proceed with the restoration. Discussion ensued regarding the time to be allowed for compliance. In response to a question, Lt. Kronschnabl stated he was willing to compromise on the time allowance; however, felt three months was excessive. He agreed Mr. Kolasa has cleaned up the property since the citation. Mr. Kolasa stated in response to questions he is restoring the classic car inside the 1-1/2 car garage and there is no additional space for the parts car. He said he works 60 to 70 hours per week at his collision repair job. He indicated he has taken great care to do a good job restoring his 1969 Cougar and was reluctant to rush completion. Member Riley moved that, concerning Case 12-95, regarding violation of Section 20.35(1) of the Clearwater City Code at 1429 S Evergreen Avenue a/k/a Brokhill Unit 2, Blk M, Lot 1, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 22nd day of February, 1995, 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 Janice King, Code Inspector, Barton A Kolasa, Personal Property Owner, and Julie A Leabu, Real Property Owner, and viewing the evidence, exhibit submitted: City Exhibit A, photographs of two untagged vehicles on the subject property, it is evident there still exists debris in the form of an inoperable vehicle at the above referenced address. The Conclusions of Law are: Julie A Leabu, Real Property Owner and Barton A Kolasa, Personal Property Owner are in violation of Section 20.35(1) of the City of Clearwater. It is the Order of this Board that Julie A Leabu, Real Property Owner and Barton A Kolasa, Personal Property Owner, shall comply with Section 20.35(1) of the Code of the City of Clearwater within 90 days (by May 23, 1995). Upon failure to comply within the time specified, the City Manager may authorize the entry upon the property and such action as is necessary to remedy the condition, without further notice to Julie A Leabu, Real Property Owner, and Barton A Kolasa, Personal Property Owner. The City Commission may then adopt a Resolution assessing against the property on which remedial action was taken by the City the actual cost incurred plus $200.00 administrative cost. Such cost shall constitute a lien against the property until paid. A Notice of Lien, in such form as the City Commission shall determine, may be recorded in the Public Records of Pinellas County, Florida as other liens are recorded. If the owner takes remedial action after the time specified, the City Commission may assess the property the $200.00 administrative cost. Such cost shall constitute a lien against the property until paid. Upon complying, Julie A Leabu, Real Property Owner, and Barton A Kolasa, Personal Property Owner, shall notify Janice King, the City Official who shall inspect the property and notify the Board of compliance. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS None OTHER BOARD ACTION / DISCUSSION Case 33-92 - Affidavit of Compliance Howard Jimmie 609 Seminole Street (Building Code) In response to a question, it was indicated there is no fine accruing in this case. The property owner was granted numerous time extensions on his variance and has complied without a fine being imposed. Member Rogers moved, concerning Case 33-92, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. MINUTES Member Riley moved to approve the minutes of January 25, 1995 in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. ADJOURNMENT The meeting was adjourned at 3:23 p.m.