02/14/1996MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
February 14, 1996
Present:
Stephen D. Swanberg, Chairman
Louise Riley, Vice-Chairman
Faustino Dolores, Member
Dennis Henegar, Member
Helen Kerwin, Member (3:06)
Carl Rayborn, Member
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:
Peg Rogers, Member
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. PUBLIC HEARINGS
Case 46-95
Alex & Mary Gelep
452 Mandalay Avenue
Lessee: Canellos Corp d/b/a Island House
James Canellos, Reg. Agent
(Land Development Code - Signs)
In a memo dated February 14, 1996, Lt. Jeff Kronschnabl of the Community Response Team, withdrew Case 46-95 stated the property owner has complied with the sign regulations.
Case 3-96
Rodney L. Anthony
854 Island Way
(Building Code)
In a memo dated February 14, 1996, Inspector Mark Hively withdrew Case 3-96 stating the property owner had complied.
Case 4-96
William Georgilias/Labrise Restaurant
1849 Gulf-to-Bay Blvd.
(Life Safety Code)
In a memo dated January 25, 1996, Inspector Karl Whittleton withdrew Case 4-96 stating the violations have been corrected.
Case 1-96
David R. Leonard
1300 S. Fort Harrison Avenue
Lessee: Patrick Media Group, Inc.
(Land Development Code - Signs)
In a memo dated February 14, 1996, Lt. Jeff Kronschnabl, Community Response Team requested Case 1-96 be continued to the meeting of March 27, 1996. The billboard is to be removed the
first part of March.
Case 8-96
Mario & Armelia Menna
755 Bay Esplanade
(Building Code)
In a memo dated February 14, 1996, Inspector Mark Hively requested Case 8-96 be continued to the meeting of March 27, 1996.
Case 11-96
Tom Sehlhorst & Dorothy Casey
604 Palm Bluff
(Building Code)
In a memo dated February 14, 1996, Inspector Mark Hively requested Case 11-96 be continued to the meeting of March 27, 1996.
Member Riley moved to continue Cases 1-96, 8-96 and 11-96 to the meeting of March 27, 1996. The motion was duly seconded and carried unanimously.
Case 7-96
Norman L. Enzor
1375 Boylan Avenue
(Building Code)
No one was present to represent the property owner. The certified return receipt for the Notice of Hearing was not returned. The property was posted.
Assistant City Attorney Dougall-Sides questioned Inspector Mark Hively regarding his investigation. Mr. Hively said he initially visited the site on November 28, 1995 and observed
holes in the walls covered by plywood. It appeared that construction work was being done. A jacuzzi in the backyard was installed without permits and inspections. He issued a stop
work order stating the owner is aware of the situation. The tenant on the property is doing the work. The owner is attempting to hire a general contractor. The owner is currently
out of town. Mr. Hively said he hand delivered a Notice of Violation and Request for Hearing and posted the property. Mr. Hively stated he visited the property today and nothing has
changed.
He recommended allowing 10 days to pull appropriate permits, repair holes and remove the jacuzzi or a fine of $100/day. The City submitted Exhibits 1-6 (Exhibit 1 - Code sections violated,
Exhibit 2 - Notice of Violation, Exhibit 3 - Order to Stop Work, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 1/16/96, Exhibit 5 - Notice of Hearing dated 1/26/96,
and Exhibit 6 - Composite Photos taken 11/28/95).
Member Riley moved concerning Case 7-96, regarding violation of Chapter 47, Article IV, Sections 47.081 and 47.083 of the Clearwater City Code at 1375 Boylan Avenue, also known as Boylan
Sub, 1st addition, Lots 20 & 21, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of February, 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 viewing the evidence submitted: City Exhibits 1-6 (Exhibit 1 - Code sections violated, Exhibit 2 - Notice of Violation, Exhibit
3 - Order to Stop Work, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 1/16/96, Exhibit 5 - Notice of Hearing dated 1/26/96, and Exhibit 6 - Composite Photos taken
11/28/95), it is evident that work has been done without a permit or an inspection at 1375 Boylan Avenue.
CONCLUSIONS OF LAW
Norman L. Enzor, 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 Norman L. Enzor shall comply with said Chapter 47, Article IV, Sections 47.081 and 47.083 of the Code of Ordinances within 10 days (2/24/96).
If Norman L. Enzor does not comply within the time specified, the Board may order him to pay a fine of $50.00 per day for each day the violation continues to exist.
If Norman L. Enzor 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, Norman L. Enzor 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.
Case 9-96
Steven Fabos
904 Lotus Path
(Building Code)
No one was present to represent the property owner. Assistant City Attorney Dougall-Sides questioned Inspector Mark Hively regarding his investigation. Mr. Hively said he visited
the property on September 5, 1995 and observed roofing shingles in the driveway and yard, new wood rafters, a new wooden deck, a water heater in a shed, numerous sheds built without
permits, and a window air conditioning unit improperly wired. He advised that no permits have been issued for any of this work. Mr. Hively verified property ownership with the Property
Appraiser. The owner lives out of state and could not be located for months. There is a property manager for the site. Numerous photos were taken at the site this morning.
Mr. Hively indicated a permit was pulled late yesterday but the roofer listed as the contractor is only licensed for roofing. The permit issued yesterday was for work done in August
of 1995. Permits for framing, electrical work and plumbing are still needed. A stop work order was issued in September.
He recommended 10 days to pull permits or pay a fine of $100/day. It was noted for the record the return receipt card has been received for this case. The last contact with the owner
was on January 23, 1996. In response to a question, Mr. Hively stated this dwelling is a single family unit and a three unit dwelling is located at the back of the property. There
are storage buildings there as well. The City submitted Exhibits 1-6 (Exhibit 1 - Code sections violated, Exhibit 2 - Notices of Violation dated 9/19/95 & 12/29/95, Exhibit 3 - Order
to Stop Work, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 1/16/96, Exhibit 5 - Notice of Hearing dated 1/26/96, and Exhibit 6 - Composite Photos taken 2/14/96).
Member Kerwin moved concerning Case 9-96, regarding violation of Chapter 47, Article IV, Sections 47.081 and 47.083 of the Clearwater City Code at 904 Lotus Path, also known as Block
2, Lots 11, 12 & 13, Magnolia Heights, at the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 14th day of February, 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 viewing the evidence submitted: City Exhibits 1-6 (Exhibit 1 - Code sections violated, Exhibit 2 - Notices of Violation dated
9/19/95 & 12/29/95, Exhibit 3 - Order to Stop Work, Exhibit 4 - Affidavit of Violation and Request for Hearing dated 1/16/96, Exhibit 5 - Notice of Hearing dated 1/26/96, and Exhibit
6 - Composite Photos taken 2/14/96), it is evident that work has been done without proper permits or inspections at 904 Lotus Path, Clearwater, FL.
CONCLUSIONS OF LAW
Steven Fabos. 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 Steven Fabos shall comply with Section Chapter 47, Article IV, Section 47.081 and 47.083 of the City of Clearwater Code of Ordinances by 2/24/96.
If Steven Fabos 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.
If Steven Fabos 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, Steven Fabos 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.
Case 10-96
Moti & Kanta Shewa
55 Gardenia Street
(Building Code)
Mr. Shewa called prior to the meeting advising they would be late due to a malfunctioning bridge. Since all the cases had been heard, Member Riley moved to continue this case to March
27, 1996. The motion was duly seconded and carried unanimously.
4. MINUTES
Member Riley moved to approve the minutes of January 24, 1996, as submitted. The motion was duly seconded and carried unanimously.
5. ADJOURNMENT
The meeting adjourned at 3:29 p.m.
Attest: Chairman
Municipal Code Enforcement Board
________________________________________
Secretary to the Board