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01/10/1996MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER January 10, 1996 Present: Stephen D. Swanberg, Chairman Louise Riley, Vice-Chairman Peg Rogers, Member Helen Kerwin, Member Carl Rayborn, Member Faustino Dolores, Member (3:02 p.m.) Leslie Dougall-Sides, Assistant City Attorney Mark Connolly, Attorney for the Board Mary K. Diana, Secretary for the Board Anne Green, Staff Assistant II Absent: Dennis Henegar, 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. in the Commission Chambers 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 46-95 (Cont’d from 12/13/95) Alex & Mary Gelep 452 Mandalay Avenue Lessee: Canellos Corp d/b/a Island House James Canellos, Reg. Agent (Land Development Code - Signs) 2. Case 1-96 David R. Leonard 1300 S. Fort Harrison Avenue Lessee: Patrick Media Group, Inc. (Land Development Code - Signs) In a memo dated January 9, 1996, Lt. Kronschnabl, Community Response Team, requested that Cases 46-95 and 1-96 be continued to February 14, 1996 to allow the alleged violators to come into compliance. Member Riley moved to continue Cases 46-95 and 1-96 to the meeting of 2/14/96. The motion was duly seconded and carried unanimously. 3. Case 2-96 John & Nancy Hopp 522 S. Glenwood Avenue) (Building Code) The Assistant City Attorney questioned Mark Hively, City Inspector, regarding his investigation. He responded he observed new construction having been done without permits. Trusses were mismatched and not engineered for the project and were not to Code. New and old construction is evident. The footer underneath for wall support is not adequate. A slab has been there for some time but is broken and cracked. The City submitted photos taken 9/18/95 and 1/9/96. Property ownership was verified through the Property Appraiser’s Office. Mr. Hively talked to Mrs. Hopp on 9/18 and she expressed health concerns. She also advised that her son was to draw up the plans. A Notice of Violation dated 10/4/95 was hand delivered to Mr. Hopp’s place of employment. Composite photos taken yesterday, 1/9/96, depict carpeting being installed. The original violations are still present. No further work has been done since a stop work order was issued. The City recommended allowing 10 days to pull a permit for work being done. Inspector Hively indicated a structural engineer will need to inspect and provide a report on the slab. The Assistant City Attorney submitted Exhibits 1-4 (Exhibit 1 - Code sections violated, Exhibit 2 - Composite photos taken 9/18/95 and 1/9/96 representing existing conditions, Exhibit 3 - Notice of Violation dated 10/4/95, and Exhibit 4 - Affidavit of Violation and Request for Hearing dated 12/8/95). Questions were raised regarding the use of a “bucket”, a structural attachment to a beam. The one in place at this property is unsuitable and needs to be replaced. Discussion ensued regarding whether renovation or remodeling requires a building permit. Mr. Hively responded permits are needed. Also discussed was work being done on a personal residence versus rental property. Mr. Hively advised if it is a residence the Owner could do their own work but if it is income property, a general contractor must do work. Chair Swanberg asked if the City considered that the Hopp’s children reside at this property. Inspector Hively responded the City did. Mrs. Hopp stated they thought if the work being done was under $10,000 they did not need a permit. She indicated on 11/30/95 they tried to pull a permit but were told they needed to have an architect draw up plans. She said they were unable to afford this. Mr. Hively advised using a slab requires certification or a rating of the footer underneath from a structural engineer. Mrs. Hopp also advised the roof was there, the insulation became wet due to water damage. The room will be an enclosed porch and utility room for a washer and dryer. Prior to work being done, the porch was halfway enclosed. In response to a question, John and Nancy Hopp indicated 30 days would be enough time to pull a permit. Mr. Hopp stated that they talked to a contractor today. Chair Swanberg advised the City would work with them. He closed the Public Hearing. Member Rogers moved concerning Case 2-96 regarding violation of Chapter 47, Article IV, Sections 47.081 and 47.083 of the City of Clearwater Code on property located at 522 S. Glenwood Avenue, also known as Druid Hills, Lot 8, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of January, 1996, 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 Mark Hively, City Inspector, and John & Nancy Hopp, and viewing the evidence submitted: City Exhibits 1-4 (Exhibit 1 - Code sections violated, Exhibit 2 - Composite photos taken 9/18/95 and 1/9/96 representing existing conditions, Exhibit 3 - Notice of Violation dated 10/4/95, and Exhibit 4 - Affidavit of Violation and Request for Hearing dated 12/8/95), it is evident that remodeling has taken place without permits and inspections at 522 S. Glenwood Avenue, Clearwater, FL. CONCLUSIONS OF LAW John & Nancy Hopp. Real Property Owners, are in violation of Chapter 47, Article IV, Section 47.081 and 47.083 of the Clearwater City Code of Ordinances. ORDER It is the Order of this Board that John & Nancy Hopp shall comply with Chapter 47, Article IV, Section 47.081 and 47.083 of the City of Clearwater Code of Ordinances by pulling the necessary permits by 2/9/96. If John & Nancy Hopp do not comply within the time specified, the Board may order them to pay a fine of $25.00 per day for each day the violation continues to exist. If John & Nancy Hopp 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. Upon complying, John & Nancy Hopp shall notify Mark Hively, 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. The motion was duly seconded and carried unanimously. 4. Case 3-96 Rodney L. Anthony 854 Island Way (Building Code) The Assistant City Attorney requested that Case 3-96 be continued for 30 days to allow the property to come into compliance. Member Riley moved to continue Case 3-96 for 30 days to the meeting of 2/14/96. The motion was duly seconded and carried unanimously. 5. Case 4-96 William Georgilias/Labrise Restaurant 1849 Gulf-to-Bay Blvd. (Life Safety Code) In a memo dated January 10, 1996, James Goodloe, Fire Marshal, requested that Case 4-96 be continued to January 24, 1996 as this property is being sold and is scheduled for demolition. Member Riley moved to continue Case 4-96 to the meeting of 1/24/96. The motion was duly seconded and carried unanimously. 6. Case 5-96 Marilyn A. Prince McNicholas 1524 Cleveland Street (Building Code) The Assistant City Attorney questioned Mark Hively regarding his investigation. He responded he received a complaint from the contractor who was initially hired to do the work at this property. He checked on permits and found none had been pulled for replacement of the air conditioning unit. Mr. Hively visited the site on 10/4/95. Mr. McNicholas informed him of the new air conditioning unit installation. Mr. Hively advised him a permit was required and Mr. McNicholas said he would obtain a permit. No photos were taken since he was unable to gain access. The Assistant City Attorney submitted Exhibit 2 - Permit history on the property. This report showed permits were pulled but no inspections were done. Chair Swanberg advised only the subject violation should be considered today. Assistant City Attorney Dougall-Sides submitted Exhibits 1-5 (Exhibit 1 - Code sections violated, Exhibit 2 - Permit history printout for parcel, Exhibit 3 - Notice of Violation dated 10/23/95, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 12/20/95, and Exhibit 5 - Notice of Hearing dated 11/28/95) for the record. In a response to a question, Mr. Hively advised he was still unable to gain access to the residence to see if the air conditioning is in use. The City recommended 10 days to pull a permit and to get an inspection. Mr. McNicholas stated since he had not completed all the remodeling previously started, he did not call for an inspection. In regard to the air conditioning unit, he thought work under $500.00 did not require a permit. Mr. Hively said for electrical or plumbing work, a permit is needed. Mr. McNicholas advised he would pull a permit today. Chair Swanberg closed the public hearing. Member Rogers moved that concerning Case 5-96 regarding violation of Chapter 47, Article IV, Sections 47.081 and 47.083 of the Clearwater City Code of Ordinances on property located at 1524 Cleveland Street, also known as Crest Lake Subdivision, Block H, Lot 18, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 10th day of January, 1996, 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 Mark Hively, City Inspector, Marilyn Prince McNicholas and Mr. McNicholas, and viewing the evidence submitted: City Exhibits 1-5 (Exhibit 1 - Code sections violated, Exhibit 2 - Permit history printout for parcel, Exhibit 3 - Notice of Violation dated 10/23/95, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 12/20/95, and Exhibit 5 - Notice of Hearing dated 11/28/95), it is evident that an air conditioning unit has been installed without a permit and inspection at 1524 Cleveland Street, Clearwater, FL. CONCLUSIONS OF LAW Marilyn A. Prince McNicholas. Real Property Owner, is in violation of Chapter 47, Article IV, Sections 47.081 and 47.083 of the Clearwater City Code of Ordinances. ORDER It is the Order of this Board that Marilyn A. Prince McNicholas shall comply with Section Chapter 47, Article IV, Sections 47.081 and 47.083 of the City of Clearwater Code of Ordinances by pulling the necessary permits by 1/20/96. If Marilyn A. Prince McNicholas does not comply within the time specified, the Board may order her to pay a fine of $25.00 per day for each day the violation continues to exist. If Marilyn A. Prince McNicholas 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, Marilyn A. Prince McNicholas shall notify Mark Hively, the City Inspector, 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. The motion was duly seconded and carried unanimously. ELECTION OF OFFICERS Members Rogers moved that Steve Swanberg be elected as Chairman. The motion was duly seconded and carried unanimously. Member Rogers moved that Louise Riley be elected as Vice Chairman. The motion was duly seconded and carried unanimously. MINUTES Member Rogers moved to approve the minutes of December 13, 1995 in accordance with copies previously submitted to each board member in writing. The motion was duly seconded and carried unanimously. ADJOURNMENT The meeting adjourned at 3:51 p.m. Chairman Municipal Code Enforcement Board Attest: ________________________________________ Secretary to the Board