08/28/1996MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
August 28, 1996
Present: Stephen D. Swanberg, Chair
Louise C. Riley, Vice-Chair
Dennis Henegar, Member
Helen Kerwin, Member
Carl Rayborn, Member
Peg Rogers, Member
Leslie Dougall-Sides, Assistant City Attorney
Andy Salzman, Attorney for the Board
Mary K. Diana, Secretary for the Board
Brenda Moses, Board Reporter
Absent: Faustino Delores, Member (Resigned)
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 Chambers at City Hall. The Chair 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
A. Case 30-96
Waclaw & Zenona Niewiarowski
2516 Sunset Point Road
(Land Development Code)
Waclaw Niewiarowski stated he is the owner of Sunset Point Wine and Liquor in Clearwater. City Inspector Robert Scott stated the property was inspected in February, 1996. Upon receipt
of an anonymous complaint, former City Inspector Mark Hively had discovered paving, sealing and re-coating of a parking lot being performed without a permit by an unlicensed individual.
In answer to a question, Building Inspector, Vernon Packer, stated the County Licensing Board discovered the R. Hill Paving Company performing work at the subject’s location, as well
as at a nearby location. He stated the City attempted to contact Mr. Hill in February of 1996, but he could not be reached. Inspector Mark Hively had issued a stop work order to Mr.
Hill, who continued to perform work without permits. In response to a question, Inspector Scott said, to the best of his knowledge, the R. Hill Paving Company is out of business. The
City is recommending the required permits be obtained and inspections be done for the work already performed by November 12, 1996, or a fine of $25.00 per day for each day the violation
continues to exist. City code states a building permit is required for parking lot re-
striping. The number of parking spaces must be a specific size and include handicapped spaces. The notice of violation was sent to the property owners, Waclaw and Zenona Niewiarowski,
by certified mail, return receipt requested. Assistant City Attorney, Leslie Dougall-Sides, presented photographs representing conditions on the property, City’s Exhibit 3, and Exhibits
1-6. City Inspector Scott said the owner applied for a permit for new work, which is to be done by Iskra Homes, Inc. in October of 1996. The City is requiring the owners of the property
to have a licensed contractor obtain a permit and do an inspection for the work performed in February of 1996. In response to a question, Inspector Scott said it is customary for the
contractor to obtain permits. Since R. Hill Paving Company did not do so, the owner is responsible. Mr. Niewiarowski stated he is working with Iskra Homes, Inc. to obtain a permit
for previously done work.
Member Riley moved to continue Case 30-96 for 30 days. The motion was duly seconded and carried unanimously.
B. Case 31-96
Charles E. & John C. Belcher
2 & 4 Highland Avenue
(Life Safety Code)
Ms. Dougall-Sides stated the City Housing Inspector has indicated the property is 90% in compliance. This case involved several housing code violations. Complete compliance is expected
within the next 10 days to 2 weeks. Ms. Dougall-Sides said the City expects the case to be dismissed, and requested a continuance for 30 days.
Member Riley moved Case 31-96 be continued for 30 days. The motion was duly seconded and carried unanimously.
C. Case 35-96
John S. Lynn
c/o Jeralne C. Burt
1109 1/2 Tangerine Street
(Standard Housing Code)
D. Case 36-96
Jeralne C. Burt
1113 1/2 Tangerine Street
(Standard Housing Code)
Ms. Dougall-Sides withdrew Case 35-96 and Case 36-96, to assure proper notification was given. Certified mail notices were sent in each case but were returned unclaimed. The alleged
violator, Ms. Jeralne C. Burt, indicated she did not go to the post office to sign for the letters, but had received notice. The cases are to be recited with the initial housing reports.
2. UNFINISHED BUSINESS
A. Request to Reduce Fine
Case 13-96
Remprop Inc., R/A Richard Metz
Goin’ Bananas Produce
1612 Gulf-to-Bay Boulevard
Secretary for the Board, Mary K. Diana, stated the fine is $600.00. Mr. Salzman stated the case has been appealed in the courts, and the process would cost more than $600.00. The
appeal is being held in abeyance until the Board hears the request for reduction in fine. He expressed concern regarding proper notification, as there was no representation at today’s
hearing, and recommended a continuance.
Member Riley moved to continue the subject request for 30 days. The motion was duly seconded and carried unanimously.
B. Request to Address Board re: fine
Case 44-93
Hardy Griffin/James Nichols
G. Patricia Taliaferro
1402 N. Greenwood Avenue
Mr. Salzman indicated a letter was received from Patricia Taliaferro asking to address the board regarding the subject fine.
Member Riley moved to approve the request to address the Board regarding the subject fine. The motion was duly seconded and carried unanimously.
C. Request for Rehearing
Case 25-96
Gilbert G. Jannelli
1930 Drew Street
(Land Development Code)
D. Affidavit of Non-Compliance
Case 25-96
Gilbert G. Jannelli
1930 Drew Street
Dr. Jannelli submitted a letter stating due to a lack of representation at the July 24, 1996 hearing, and his belief a continuance of the case would be granted, he requests a rehearing.
Member Riley said at the July 24, 1996, Board meeting, Dr. Jannelli was found to be in violation, and was not granted a continuance. Ms. Dougall-Sides stated to her knowledge no one
from the City led him to believe a continuance would be granted. City Inspector Rosa, who testified at the July 24, 1996 hearing, stated he did not tell Dr. Jannelli there would be
a continuance. Inspector Rosa also stated he met Dr. Jannelli at his property the day after the hearing to check on compliance. At that time, Dr. Jannelli was aware the case was not
continued, and that he was found to be in violation.
Member Riley moved to deny the request for rehearing, and to accept the affidavit of non-compliance for Case 25-96 and issue the order imposing the fine. The motion was duly seconded
and carried unanimously.
E. Affidavit of Non-Compliance
Case 27-96
Wass Associates/Holmquist Prop. Mgr. &
Patrick Media Group, Inc.
2198 NE Coachman Road
Member Riley moved to accept the affidavit of non-compliance for Case 27-96 and issue the order imposing the fine. The motion was duly seconded and carried unanimously.
F. Request to Reduce Fine
Cases 98-93 and 99-93
Mrs. Yvonne Irle/R. E. Hughes
1306 & 1306 1/2 Garden Avenue
Ms. Diana indicated there were 4 cases involving R. E. Hughes. When the initial fine reduction request was made, only Case 65-92 and Case 66-92 were heard. Cases 98-93 and 99-83 are
similar, and administrative costs are the same. The properties will be sold to Religious Community Services after the liens are cleared.
Member Henegar moved to reduce the fines for Cases 98-93 and 99-83 to administrative costs of $172.25 each. The motion was duly seconded and carried unanimously.
3. OTHER BOARD ACTION/DISCUSSION
Ms. Diana indicated the board received a letter of resignation from Faustino Delores. She said the City Commission will consider appointing a replacement at the September 5, 1996 meeting.
Mr. Delores was not present, but Chairman Swanberg thanked him for serving on the board and wished him well.
4. APPROVAL OF MINUTES - July 24, 1996
Member Riley moved to approve the minutes as submitted in writing to each member by the Board Reporter. The motion was duly seconded and carried unanimously.
5. ADJOURNMENT
The meeting adjourned at 3:39 p.m.
Chairman
Attest: Municipal Code Enforcement Board
________________________________________
Secretary to the Board