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01/22/1997MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER January 22, 1997 Present: Stephen D. Swanberg, Chair Louise C. Riley, Vice-Chair Peg Rogers, Member Dennis Henegar, Member Helen Kerwin, Member Frank Huffman, Member Leslie Dougall-Sides, Assistant City Attorney Andy Salzman, Attorney for the Board M. Kathryn Diana, Secretary for the Board Brenda Moses, Board Reporter Absent: Lawrence Tieman, Member The meeting was called to order by Chair Swanberg at 3:00 p.m. in Ballroom A, third floor of the Harborview Center, Clearwater. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board tot he 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 Statue 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 49-96 (Contd. 12/11/96) RKM Development Corp. 1880 Belcher Road N. (Walgreen’s) (Environmental) In a memo dated January 22, 1997, Environmental Inspector Rick Albee withdrew Case 49-96 as the property is now in compliance. B. Case 50-96 (Contd. 12/11/96) Randy & Karen Klaub 1906 Radcliffe Dr. N. (Standard Building Code) Assistant City Attorney Dougall-Sides requested a continuance of Case 50-96 to obtain proper service. Member Riley moved to continue Case 50-96 to the meeting of February 26, 1997. The motion was duly seconded and carried unanimously. C. Case 51-96 (Continued 12/11/96) Clearwater Jaycee Memorial Foundation, c/o W. Phillips Esq. 2754 Sunset Point Road (Environmental) Ms. Diana read the Affidavit of Violation. In response to a question, Mr. Wayne Phillips, President of the Clearwater Jaycee Memorial Foundation stated one map of the City shows the area as a retention basin, not a pond. He noted the property is extremely remote laying 400 yards off Sunset Point Road behind the Elks Club. He said when he checked with the Elks Club, the property immediately next to the area is environmentally sensitive. He said he is unclear as to the extent of the maintenance. He said the area is sloped and has good drainage, and is not sure why it must be mowed. He stated he would be happy to maintain the property, but is having difficulty finding someone to do it. Mr. Phillips said he took photographs but was unable to have them developed before this hearing. Inspector Albee stated the area was designed to be a dry retention pond, but cannot be seen because of the overgrowth. Ms. Dougall-Sides presented City Exhibits 1 through 6. Exhibit 6 is the original site plan for the property which shows the retention pond as well as a November, 1996 photograph of the retention pond. An inspection of this pond for functionality could not be performed due to the enormous overgrowth. A question was asked whether the City could mow this property. Inspector Albee stated the City has the equipment, however, was unsure if this was possible. He noted between the retention pond and the roadway there is grass parking. The overgrowth has taken over the parking area, eliminating some of the available parking spaces. It is not known how long this condition has existed prior to November of 1996. The landscaping had been inspected in 1993 or 1994, however, Inspector Albee recalled this overgrowth existed at that time. In response to a question, Inspector Albee stated there are some “bush hog” companies that can mow the property for the owner. He recommended extending the compliance date for 30 days and imposing a $50 per day fine if compliance is not met. Inspector Albee noted the City cannot give specific contractor referrals, but can generate a list of contractors. In response to a question, Inspector Albee remarked there is normally a 3 foot high berm that outlines the pond. Member Kerwin moved that concerning Case 51-96, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on January 22, 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 Wayne Phillips, representing Respondent, and Richard Albee, Environmental Inspector, and viewing the evidence, City Exhibits 1-6 (Ex. 1 - Environmental Management letter dated 1/10/96; Ex. 2- notice of non-compliance; Ex. 3 - notice of violation; Ex. 4 - affidavit of violation and request for hearing; Ex. 5 - notice of hearing; and Ex. 6 - site plan), it is evident a violation exists in that a retention pond has not been maintained. This pond requires removal of overgrowth and periodic maintenance/mowing. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 36.007(1)(c) of the City of Clearwater in that the Respondent has failed to remedy the cited violation. ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation within 30 days from the date of this order. 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 within 30 days of the date of this order, the Respondent may be ordered to pay a fine in the amount of fifty and no/100 dollars ($50.00) per day for each day the violation continues beyond the compliance date. 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. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. 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. Member Henegar felt that 30 days was not enough time to comply and recommended the motion be amended to 60 days for compliance and a $25 per day fine for each day the violation continues to exist. The maker and seconder of the motion did not concur. Upon the vote being taken on the motion on the floor, Members Riley, Rogers, Kerwin, and Huffman voted “aye” and Member Henegar voted “nay”. The motion carried. D. Case 01-97 Duane & Marian Jung 2140 Calumet St. (Life Safety Code) Ms. Diana read the Affidavit of Violation. The date of the official notice of violation was July 17, 1996. During a routine inspection a violation notice was issued by City Life Hazard Inspector Joseph Colbert to have the fire extinguishers and fire sprinkler system inspected and tagged. In response to a question, Mr. Jung said he agrees with the violation as read. Mr. Jung explained he has been having financial difficulty with his business. He asked the Board to give him until the end of January, 1997, to have the fire extinguishers inspected and tagged and until the end of February, 1997, to have the sprinkler system inspected and tagged. In response to a question, Mr. Jung said he is the owner and sole occupant of the building. A question was asked regarding what type of business Mr. Jung was operating. He responded a cabinet millworks. Concern was expressed these materials could burn quickly. Assistant City Attorney Leslie Dougall-Sides introduced Exhibits 1-3, Affidavit of Hearing, an excerpt from the Department of Insurance requiring the inspection, and the Notice of Violation. Inspector Colbert agreed to Mr. Jung’s timeframe to come into compliance. Member Rogers moved that concerning Case 01-97, the Municipal Code Enforcement board has heard testimony at its regular meeting held on January 22, 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 Duane Jung and Joe Colbert, Life Hazard Safety Inspector, and viewing the evidence, City Exhibits 1-3 (Ex. 1 - maintenance requirements; Ex. 2 - notice of violation; and Ex. 3 - notice of hearing;) it is evident a violation exists in that fire extinguishers and fire sprinkler system have not been inspected and tagged. CONCLUSIONS OF LAW The Respondents by reason of the foregoing are in violation of Florida Statutes 633, Section 17.32 of the Code of Ordinances, 4A-21.237, NFPA 10 4-4.1, NFPA 25, and 4A -46.041 in that the Respondents have failed to remedy the cited violation. ORDER It is the Order of the Board that the Respondents are to correct the aforesaid violation by having the fire extinguishers inspected and tagged by January 31, 1997 and the sprinkler system inspected and tagged by February 28, 1997. The burden shall rest upon the Respondents 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 within the time specified, the Respondents may be ordered to pay a fine in the amount of fifty and no/100 dollars ($50.00) per day for each day the violation continues beyond the dates specified. If Respondents 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 Respondents pursuant to Chapter 162 of the Florida Statutes. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. 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. E. Case 02-97 Frank & Venie Brinson 1760 Drew Street (Land Development Code) In a memo dated January 21, 1997, Inspector Rich DeBord withdrew Case 02-97 as the property is now in compliance. F. Case 03-97 Angel L. Johns 629 Bay Esplanade (Land Development Code) In a memo dated January 13, 1997, Lt. Kronschnabl requested Case 03-97 be continued as the Inspector handling this case is unable to attend today’s meeting. Member Rogers moved to continue Case 03-97 to the February 26, 1997 hearing. The motion was duly seconded and carried unanimously. G. Case 04-97 Florida Family Investors c/o Baxter & Rinard 19400 N. U. S. Highway 19 (Land Development Code) Ms. Diana read the repeat Affidavit of Violation. Mr. Michael Clark, Used Car Manager for Kenyon Dodge represented Florida Family Investors. In response to a question, Mr. Clark stated he agreed with the violation as read. It was noted this is a repeat violation. Ms. Dougall-Sides noted there is a history of repeat violations on this property. Inspector King noted this violation was addressed by this Board on February 28, 1996 at which time the violator was fined $100 per day for each day the violation continued to exist. On November 12, 1996, a vehicle was found to be parked in the driveway and was moved immediately. On November 21, 1996, a vehicle was parked in the grass, an illegal notice was placed on the windshield of the vehicle. Later that afternoon the notice had been removed from the windshield of that same vehicle. Other vehicles were also parked on the grass and photographs were taken of the vehicles that had not been removed. Ms. Dougall-Sides presented Exhibits 1-7. In response to a question, Inspector King recommended a $100 per day fine for each day of the violation be imposed. It was noted this is a reoccurring situation where different vehicles continue to park illegally on the property. Inspector King noted on November 12, 1996, the vehicle was parked on the right-of-way, but the vehicles on November 21, 1997 and November 23, 1997 were illegally parked on the grass. Attorney Salzman noted 2 days of repeat violation at $100 per day. Mr. Clark noted Kenyon Dodge is a large dealership which has been in business for 68 years. He stated the owner is concerned about the violations and wishes to comply with the City Code. He said it is difficult to keep customers and 200 employees from illegally parking, and Mr. Kenyon apologizes for these violations. Mr. Clark said Kenyon Dodge takes care in landscaping and maintaining the property and hopes this violation will not reoccur. Member Riley moved that concerning Case 04-97, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on January 22, 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 Michael Clark, representing the Respondent, and Janice King, Code Inspector, and viewing the evidence, City Exhibits 1-7 (Ex. 1 - code section; Ex. 2 - notice of repeat violation; and Ex. 3 - Board order dated 2/28/96 ordering continued compliance;) Ex. 4 - chronology; Ex. 5 - affidavit of repeat violation and request for hearing; Ex. 6 - notice of hearing; and Ex. 7 - 11/23/96 photos of vehicles parked on grass) it is evident a violation existed in that vehicles were parked on a grass area which is not allowed by code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing was in violation of Section 42.34(5)(a) in that the Respondent was found to have violated the same provision by the Board on February 28, 1996, and that Florida Family Investors, Inc. has committed a repeat violation. ORDER It is the Order of the Board that the Respondent shall continue to comply with Section 42.34(5)(a) of the Code of the City of Clearwater. It is the Order of this Board that the Respondent shall pay a fine of two hundred and no/100 dollars ($200.00) for two days of repeat violation ($100.00 per day for November 21, 1996 and November 23, 1996). A certified copy of this Order shall 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. If the violation concerns real property, the recording of a certified copy of this Order shall constitute notice to any subsequent purchasers, successors in interest or assigns of the violation and the findings in this Order shall be binding upon any subsequent purchasers, successors in interest or assigns of the real property where the violation exists. 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. H. Case 05-97 Ann S. Collins 1877 Springtime Ave. (Standard Housing Code) In a memo dated January 16, 1997, Housing Inspector Rick Rosa withdrew Case 05-97 as the property is now in compliance. I. Case 06-97 Edward R. Mack 1465 Pierce St. (Standard Housing Code) In a memo dated January 16, 1997, Housing Inspector Rick Rosa withdrew Case 06-97 as the property is now in compliance. 2. OTHER BOARD ACTION/DISCUSSION A. Affidavit of Compliance Case 43-96 Mido USA Inc. 1590 Gulf Boulevard (Life Safety) Member Rogers moved to accept the Affidavit of Compliance for Case 43-96. The motion was duly seconded and carried unanimously. B. Affidavit of Non-Compliance Case 46-96 Barnett Bank of Pinellas County 1610 Missouri Avenue (Land Development Code) Member Rogers moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 46-96. The motion was duly seconded and carried unanimously. C. Election of Chair and Vice-Chair Discussion ensued regarding the election of a new Chair and Vice-Chair for the Municipal Code Enforcement Board. Member Rogers moved to nominate Louise Riley as Chair and Helen Kerwin as Vice-Chair of the Municipal Code Enforcement Board. The motion was duly seconded and carried unanimously. 3. APPROVAL OF MINUTES - DECEMBER 11, 1996 Member Riley moved to approve the minutes of December 11, 1996 as submitted in writing to each member. The motion was duly seconded and carried unanimously. 4. ADJOURNMENT The meeting adjourned at 3:55 p.m. Chair Attest: Municipal Code Enforcement Board ________________________________________ Secretary to the Board