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10/25/1995 MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER October 25, 1995 Present: Stephen D. Swanberg, Chair Louise C. Riley, Vice-Chair Dennis Henegar, Member Helen Kerwin, Member Carl Rayborn, Member Leslie Dougall-Sides, Assistant City Attorney Andy Salzman, Attorney for the Board Mary K. Diana, Secretary for the Board Anne Green, Staff Assistant II Absent: Peg Rogers, Member Robert Theroux, Member 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 Chair at 3:00 p.m. at 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. 1. Case 36-95 (continued from 10/11/95) Einstein & Evelina Boykins 1305 Wood Avenue (Public Nuisance) There was no representation in this case. The Board Attorney noted, if the owner, representative or agent fails to appear before the board, the City can enter the property and take action to remedy the condition. In response to a question, Ms. Diana stated she had spoken to Mr. Boykins on October 10, 1995 and he was aware of today’s hearing. A letter advising of a continuance from the meeting of October 11, 1995, was sent via regular mail. The Board Attorney believed proper notice had been given. He indicated no motion was necessary as Mr. Boykins lost his option to appeal due to no representation. 3. Case 37-95 Lazzaro Oil Co. 1495 Belleair Road (Land Development Code) 4. Case 38-95 Lazzaro Oil Co. 1495 Belleair Road (Land Development Code) In a memo dated October 24, 1995, Code Inspector Janice King, withdrew Cases 37-95 and 38-95 stating the violations have been corrected and the property is in compliance. 5. Case 39-95 Dorothy A. Glover 1006 N. Greenwood Avenue (Life Safety Code) Mr. Luther Glover was in attendance to represent his mother, Dorothy Glover. He said he had hoped that the property manager would be present to explain the conditions of the property and what steps were being taken to comply. In response to a question, Mr. Glover agreed to the violations as read. Mr. William Turner, property manager, arrived. He indicated he had not seen the notice of violation at which time it was presented to him to review. Fire Inspector Irene Gaccek reviewed the background of the case indicating the notice of violation was issued on May 17, 1995. She noted Ms. Glover did receive the notice. On June 19, 1995, the property was reinspected; however, none of the fire code violations had been corrected. Ms. Gaccek said Ms. Glover has been ill and advised her the City would work with her and explained what needed to be done. So far there has been no progress made and the building has deteriorated even more. She said Mr. Glover has expressed interest in closing down the building. In response to questions, Ms. Gaccek indicated she has had difficulty gaining occupancy to the building to see how many tenants are living there. She indicated apartment doors are boarded and expressed concern regarding the second floor exit being stuck shut. She noted the downstairs exit is boarded and there is a moped under the staircase. Ms. Gaccek indicated there are a lot of routine things needing to be done to the building. Ms. Glover has indicated a financial hardship to Ms. Gaccek. Ms. Gaccek said as long as no tenants are in the building, the Glovers could take time to fix the building and bring it up to code. In response to a question, Mr. Gaccek indicated she had taken photos of the violations last Thursday. She said she has given Ms. Glover extra time and hand delivered a letter on September 5, 1995 saying progress needed to be made in correcting the violations. Ms. Gaccek indicated approximately six people were living in the building. The photos of the violations taken on May 17, 1995, were shown to Mr. Turner. He agreed that they represented the present conditions. A question was raised regarding the condition of the fire alarm. Inspector Gaccek responded the trouble light was flashing. She said the fire alarm ran on electricity and noted the water and power had been shut off. She expressed concern the alarm was currently running on battery and would eventually go dead. In response to questions, Ms. Gaccek indicated the cited violations posed a serious life safety hazard. She said Mr. Glover intends to sell the building; however, recommended securing the building and bringing it up to code before anyone moves in. Assistant City Attorney Dougall-Sides submitted City Exhibit 1 - Notice of Violation dated 5/17/95 & certified mail receipt; Exhibit 2 - Composite Code sections re: violations; Exhibit 3 - Fire Inspector Gaccek’s letter dated 7/19/95; Exhibit 4 - Fire Inspector Gaccek’s letter 8/21/95; Exhibit 5 - Affidavit of Violation dated 9/18/95; Exhibit 6 - Notice of Hearing dated 10/4/95 and Exhibit 7 - Composite photos of existing conditions. Mr. Turner and Mr. Glover had no objection to the exhibits being submitted. Mr. Turner stated there is a problem with transients who are continually moving in and out. He indicated the owner wants to renovate the building and sell it. He said he has secured the building by plywood over the doors. He found it impossible to watch the building all day long to make sure no one gets in. Mr. Turner indicated there is only one tenant in the building who has a key. Discussion ensued in regard to this tenant and a question was raised as to why the lock had not been changed. Mr. Glover said in the past he has moved out tenants’ belongings and had problems with them going to the police. A suggestion was made to ask the police to assist in moving out the tenant. Mr. Glover asked for additional time to secure the building and to get the lone tenant out. Inspector Gaccek expressed concern in allowing additional time due to there being no water and electricity in the building. She felt ample time had already been given and no attempt had been made to remedy the situation. A question was raised if the building has been posted as uninhabitable and it was indicated it has not. There was discussion regarding other violations pending. Ms. Gaccek indicated she has asked the Community Response Team for assistance. It was felt the Board should focus on the violations being presented today. Mr. Glover said if a fine is imposed, it would be a hardship on his elderly mother. He said he had just found out about the situation recently and again asked for additional time to correct the violations. Discussion ensued in regard to the life safety issues involved and it was recommended the building be closed immediately. A request was made that the building be posted “No trespassing.” Ms. Riley moved that concerning Case 39-95 regarding violation of NFPA Life Safety Code (LSC) 101-19-2.2.2.2., LSC 101-7-1.2, LSC 101-7-6.1.7, LSC 101-5-2.2.6.5 as adopted by Section 17.32 of the Clearwater City Code, on property located at 1006 N. Greenwood Avenue, Clearwater, Florida 34615, aka I.A. Mason’s Subdivision, Lot 1 less road on east, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of October , 1995, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. FINDINGS OF FACT After hearing testimony of Irene Gaccek, Life Safety Hazard Inspector, William Turner, Real Property Manager, and Luther Glover, son of the Real Property Owner, and viewing the evidence, exhibits submitted: City Exhibits 1-7 (Exhibit 1 - Notice of Violation dated 5/17/95 & certified mail receipt; Exhibit 2 - Composite Code sections re: violations; Exhibit 3 - Fire Inspector Gaccek’s letter dated 7/19/95; Exhibit 4 - Fire Inspector Gaccek’s letter 8/21/95; Exhibit 5 - Affidavit of Violation dated 9/18/95; Exhibit 6 - Notice of Hearing dated 10/4/95 and Exhibit 7 - Composite photos of existing conditions) it is evident the following conditions exist: blocked/inoperable exit doors, exposed electrical wiring, fire alarm system needs to be inspected and tagged, and gas powered equipment is improperly stored under an outside exit stair at 1006 North Greenwood Avenue. CONCLUSIONS OF LAW Dorothy A. Glover, Real Property Owner, is in violation of NFPA Life Safety Code (LSC) 101-19-2.2.2.2., LSC 101-7-1.2, LSC 101-7-6.1.7, LSC 101-5-2.2.6.5 as adopted by Section 17.32 of the Clearwater City Code. ORDER It is the Order of this Board that Dorothy A. Glover, Real Property Owner, shall comply with NFPA Life Safety Code (LSC) 101-19-2.2.2.2., LSC 101-7-1.2, LSC 101-7-6.1.7, LSC 101-5-2.2.6.5 as adopted by Section 17.32 of the Clearwater City Code within 24 hours (October 25, 1995). If Dorothy A. Glover 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. Upon complying, Dorothy A. Glover, Real Property Owner, shall notify Irene Gaccek, 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. 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. Minutes of September 27, 1995 and October 11, 1995 Member Riley moved to approve the minutes of September 27, 1995 and October 11, 1995, in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. Assistant City Clerk Diana introduced Anne Green, City Clerk Department, who will be assisting her with the Municipal Code Enforcement Board. The meeting adjourned at 3:45 p.m. Chairman Municipal Code Enforcement Board Attest: ________________________________________ Secretary to the Board