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12/10/1997MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER December 10, 1997 Present: Helen Kerwin, Vice-Chair Lawrence Tieman, Member Frank Huffman, Member Mary Rogero, Member William Plouffe, Member John Carassas, Assistant City Attorney Mark Connolly, Board Attorney Mary K. “Sue” Diana, Secretary for the Board Brenda Moses, Board Reporter Absent: David Allbritton, Member Dennis Henegar, Member The meeting was called to order by Vice-Chair Helen Kerwin at 3:00 p.m. in City Hall Chambers, 112 Osceola Avenue, Clearwater. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The Vice-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. She 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 53-97 (cont. from 10/22 & 11/12/97) Todd F. Hertzberg 1013 Magnolia Drive (Housing - Hinson) In a memo dated December 10, 1997, Inspector Freddie Hinson withdrew Case 53-97 as the property is now in compliance. B. Case 55-97 (cont. from 11/12/97) Scott A. Swisher 5 S. Highland Avenue (Land Development Code) - King This case was continued from the November meeting for staff to physically measure the degree the wall is leaning. According to code, a fence or wall must be maintained in a vertical position and not be allowed to sag or lean more than 10 degrees from vertical. No one was present to represent Mr. Swisher. Ms. Diana read the Affidavit of Violation & Request for Hearing. The dates of official notice of violation were August 7, 1997, and September 16, 1997. The property is in violation for failure to maintain a wall in a vertical position. Inspector Janice King said the angle of the wall was physically measured. The front section of the wall was leaning 7 degrees and the two back sections 11 degrees and 14 degrees, respectively. She submitted Exhibit 1, photographs of the wall dated December 2, 1997. The wall was again inspected December 9, 1997, and the owner has removed the front portion of the wall that had no footer. Ms. King said Mr. Swisher is working with staff and asked to continue Case 55-97 to the January 28, 1998, meeting to give him time to remove the other wall sections. Member Huffman moved to continue Case 55-97 to the January 28, 1998, meeting. The motion was duly seconded and carried unanimously. C. Case 56-97 (cont. from 11/12/97) Ihan M. Bilgutay 608 Spruce Avenue (Housing) - Hinson No one was present to represent Mr. Bilgutay. Ms. Diana read the Affidavit of Violation & Request for Hearing. The date of official notice of violation was August 22, 1997. The property was reinspected on September 17, 1997, and still remains in violation of the Standard Housing Code after notification by certified mail for which the return receipt was received. In response to questions, Inspector Freddie Hinson said he initially inspected the property in June of 1997 after a complaint was received. Five major housing violations and nine minor violations were found. Work had been done without permits. Mr. Hinson said Mr. Bilgutay indicated the proper permits would be obtained. As of this date, no permits have been obtained. Assistant City Attorney John Carassas submitted City Exhibits 1-5 which included composite photographs of the conditions of the property. Member Tieman moved that concerning Case 56-97 the Municipal Code Enforcement Board has heard testimony at its regular meeting held on December 10, 1997, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspector Freddie Hinson (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 - notice of violation and housing inspector’s report; Ex. 2 - property ownership verification; Ex. 3 - affidavit of violation & request for hearing; Ex. 4 - notice of hearing; and Ex. 5 - composite photographs of conditions dated 6/4/97 and 11/12/97), it is evident the property is in violation of the sections of the Standard Housing Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 302.1, 302.9, 303.4, 305.7, 305.11.2, 305.16, 305.20, Standard Housing Code, as adopted by Section 49.01 of the Code of the City of Clearwater, Florida, in that the Respondent has failed to remedy the cited violation(s). ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation within 30 days (January 9, 1998). The burden shall rest upon the Respondent to request a reinspection by the Code Inspector to verify compliance with this Order. In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected on or before January 9, 1998, the Respondent may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day for each day the violation continues beyond January 9, 1998. If Respondent 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 Respondent pursuant to Chapter 162 of the Florida Statutes. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. 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. 2. UNFINISHED BUSINESS A. Case 46-96 - Affidavit of Compliance Barnett Bank of Pinellas County, c/o Tim Smith 1610 S. Missouri Avenue (Building) - Scott B. Case 25-97 - Affidavit of Compliance Ruben & Linda Umpierrez 1916 Overbrook Avenue (Housing) - Rosa C. Case 13-97 - Affidavit of Compliance Ronald A. Hadley 1148 1/2 LaSalle Street (Housing) - Hinson D. Case 23-97 - Affidavit of Compliance Ronald A. Hadley 1148 & 1148 1/2 LaSalle Street (Building) - Scott Member Huffman moved to accept the Affidavits of Compliance for Cases 46-96, 25-97, 13-97, and 23-97. The motion was duly seconded and carried unanimously. E. Case 50-97 - Affidavit of Non-Compliance Leonardo A. Pagnotta 600 Wildwood Way (Housing) - Hinson Member Huffman moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 50-97. The motion was duly seconded and carried unanimously. F. Election of Chair & Vice-Chair Member Huffman moved to elect Member Helen Kerwin as Chair of the Municipal Code Enforcement Board. The motion was duly seconded and carried unanimously. Member Huffman moved to elect Member Lawrence Tieman as Vice-Chair of the Municipal Code Enforcement Board. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION - none. 4. APPROVAL OF MINUTES - November 12, 1997. Member Tieman moved to approve the minutes of November 12, 1997, as submitted in writing to each member. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting was adjourned at 3:20 p.m.