Loading...
03/26/1997MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER March 26, 1997 Present: Louise C. Riley, Chair Dennis Henegar, Member Helen Kerwin, Member Lawrence Tieman, Member Frank Huffman, Member Leslie Dougall-Sides, Assistant City Attorney Mark Connolly, Attorney for the Board M. Kathryn Diana, Secretary for the Board Brenda Moses, Board Reporter Absent: Stephen D. Swanberg, Member Peg Rogers, Member The meeting was called to order by Chair Riley at 3:00 p.m. in the Commission Chambers at City Hall. 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 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. 07-97 (Cont’d 2/26/97) Leonard A. McCue/Overby’s Inc. 18540 U. S. 19 N. (Land Development Code) Secretary for the Board Kathryn Diana, read the Affidavit of Violation into the record. Assistant City Attorney, Leslie Dougall-Sides noted Case 07-97 had been presented at the last meeting. The alleged violator had an opportunity to address the Board. This Board allowed the owner time to apply for a conditional use or to come into compliance. Inspector Janice King stated there has been no contact between staff and the property owner regarding application for a conditional use. Attorney Howard Ross, representing Overby’s, Inc. stated the application has been prepared for submission to the property owner for his signature. Mr. Ed Jablon, operator of Overby’s Inc., stated Mr. Leonard is reviewing the paperwork and requested another 30-day extension. In response to a question, Ms. Dougall-Sides noted that the Planning & Zoning Board normally meets the first and third Tuesdays of the month. It was suggested giving the owner 45 days to comply. According to the rules and procedures of this Board, Overby’s Inc. can be continued to the next Municipal Code Enforcement Board meeting, at which time it will be determined whether Overby’s is attempting to comply with this Board’s findings. Member Tieman moved to continue Case 07-97 to meeting of April 23, 1997. The motion was duly seconded and carried unanimously. B. (Contd. 2/26/97) Case 09-97 Waters Edge Homeowners Assn. Inc. 1822 Montclair Rd. (Environmental) In a memo dated March 25, 1997, Environmental Inspector Rick Albee withdrew Case 09-97 as the property is now in compliance. C. (Contd. 2/26/97) Case 10-97 Moorings of Sand Key Homeowners Assn. Inc. Moorings of Sand Key, Gulf Boulevard (Environmental) In a memo dated March 18, 1997, Environmental Inspector Rick Albee withdrew Case 10-97 as the property is now in compliance. D. Case 11-97 Rosa S. Jones 1032 N. Missouri Ave. (Housing Code) In a memo dated March 20, 1997, Building Construction Inspector Rick Rosa withdrew Case 11-97 as the owner has decided to apply to Clearwater Neighborhood Housing Services for assistance. They will be taking the necessary steps to ensure future compliance. E. Case 12-97 John C. Gardner 1024 & 1026 N. Missouri Avenue (Housing Code) Ms. Diana read the Affidavit of Violation into the record. No one was present to represent the alleged violator. In response to questions from Attorney Dougall-Sides, City Inspector Rosa stated this property has a history of problems. The lot contains two buildings, one of which is vacant. Upon inspecting the property, Inspector Rosa said a large portion of the exterior siding was missing and there were structural problems. There was also roof damage. He cited minor violations regarding windows, screens, and paint. Another City Inspector had previously requested entry to the property to no avail. Ms. Dougall-Sides submitted City’s Exhibit 6, photographs taken on January 6, 1997. Inspector Rosa noted the vacant structure is not secured and has plumbing problems. An inspection report was issued on January 7, 1997 to Mr. Gardner. The certified mail return receipt was received on January 9, 1997. Property ownership was determined through the property appraiser’s office. Once the property was vacated at the first of the year, he was once again notified through his secretary. The property was reinspected in February of 1997 and was not in compliance. Mr. Rosa noted the City has no record of Mr. Gardner applying for permits to perform work. In response to a question, Mr. Rosa stated he discussed with the City Building Official the procedures for citing an unsafe building structure. Upon a determination by this Board that a violation exists, Inspector Rosa can submit to the City Building Official that the vacant portion of the structure is “unsafe”. Inspector Rosa recommended the owner be issued the maximum fine should noncompliance continue. Normally, obtaining permits and a contractor should take no more than 30 days. Ms. Dougall-Sides submitted City’s Exhibit 1 through 6. Inspector Rosa stated he did not believe Mr. Gardner would consider rehabilitating the property due to the costs involved. Attorney for the Board, Mark Connolly, noted the purpose of this Board is to determine whether the owner is in violation, give him a certain amount of time for compliance and set a specific fine. In response to a question, Mr. Rosa stated Mr. Gardner has made no effort to work with the City to remedy the situation. Member Kerwin moved that concerning Case 12-97. The Municipal Code Enforcement Board has heard testimony at its regular meeting held on March 26, 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 Rick Rosa, Code Inspector, (the respondent was not present and had no representation) and viewing the evidence, City Exhibits 1-6 (Ex. 1 - cited code section; Ex. 2 - housing inspector’s report; Ex. 3 - ownership verification; Ex. 4 - affidavit of violation & request for hearing; Ex. 5 - notice of hearing; and Ex. 6 - photos of condition of property), it is evident sections of the standard housing code have been violated as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 305.1, 305.2, 305.3, 305.3.1, 305.3.2, 305.5, 305.7, 305.13, 305.14, 305.23, 305.23.1, 305.23.2, 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(s) within 60 days (May 25, 1997). 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(s) are found, in subsequent proceedings by this Board, not to have been corrected on or before May 25, 1997, 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(s) continue(s) beyond May 25, 1997. 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. F. Case 13-97 Ronald A. Hadley 1148 1/2 LaSalle St. (Housing Code) Ms. Diana read the Affidavit of Violation into the record. No one was present to represent the alleged violator. In response to a question, City Inspector Freddie Hinson stated the City received a complaint from a tenant. The property is a cement block two-unit duplex. Upon inspection of the property in September of 1995, the electrical service was found to be inadequate. The owner was contacted about the violation, at which time he had the tenant move out. The owner then put the property up for sale. In May 1996, the property was reinspected and Mr. Hadley had moved in another tenant without correcting any of the pre-existing violations. The major violations stemmed from the electrical service panel, which was not capable of supporting the load placed upon it. There still was no heat to the units. A stop work order was issued to Mr. Hadley because he had made an agreement with some of the tenants to do some plumbing and electrical work to the property without proper licensing in exchange for rents. The tenants were not licensed contractors. Mr. Hinson noted he spoke to Mr. Hadley on several occasions. Mr. Hadley indicated he had a lack of financial resources to repair the property. Mr. Hadley actually had from 1995 to 1997 to remedy the situation. Earlier this week, yesterday and this morning Mr. Hinson took photographs of the property. Mr. Hadley hired an electrical contractor recently. The electrical service in the rear apartment has been upgraded, but there have been no final inspections. In response to questions, Mr. Hinson noted that Mr. Hadley tends to not perform work in a timely fashion. In response to a question, Mr. Hinson stated the violation is for the rear unit. The City could not gain access to the other unit. He noted a hot water heater was installed without a permit. Ms. Dougall-Sides introduced City’s Exhibits 1 through 7. Inspector Hinson noted that Mr. Hadley has not been cooperative. Several phone calls have been made to him and there is no record the proper permits have been obtained for the minimal amount of work that was done for the electrical work and plumbing. He recommended that the City impose a fine of $250 per day for each day the violation continues to exist. Attorney Connolly noted the City has obtained service for Mr. Hadley for today’s hearing. Member Kerwin moved that concerning Case 13-97, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on March 26, 1997, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: ORDER The Municipal Code Enforcement Board has heard testimony at its regular meeting held on March 26, 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 Freddie Hinson, Code Inspector, (the respondent was not present and had no representation) and viewing the evidence, City Exhibits 1-7 (Ex. 1 - cited code section; Ex. 2 - housing inspector’s report; Ex. 3 - ownership verification; Ex. 4 - notice of violation and stop work order; Ex. 5 - affidavit of violation & request for hearing; Ex. 6 - notice of hearing; and Ex. 7 - photos of conditions of property), it is evident sections of the standard housing code have been violated as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 302.5, 303.4, 302.1, 302.4, 302.6, 302.9, 305.7, 305.12, 305.13, 305.14, 305.16, 305.20, 305.21, 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(s) within 30 days (April 25, 1997). 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(s) are found, in subsequent proceedings by this Board, not to have been corrected on or before April 25, 1997, 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(s) continue(s) beyond April 25, 1997. 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. G. Case 14-97 Discount Auto Parts 1600 N. Myrtle Avenue (Environmental) In a letter dated March 18, 1997, Ms. Jan Kirkland of Discount Auto Parts’ corporate office, requested Case 14-97 be continued to the meeting of April 23, 1997. Member Henegar moved to continue Case 14-97 to the meeting of April 23, 1997. The motion was duly seconded and carried unanimously. Case 15-97 Larry Cooper 1201 Gulf Blvd. (Life Safety) Fire Inspector Anne Downes Blackburn withdrew Case 15-97 as the property is now in compliance. I. Case 16-97 Les Spits 432 Cleveland Street (Life Safety) In a memo dated March 20, 1997, Fire Marshall James Goodloe requested Case 16-97 be continued to the meeting of April 23, 1997. Member Henegar moved to continue Case 16-97 to the meeting of April 23, 1997. The motion was duly seconded and carried unanimously 2. Unfinished Business A. Affidavit of Compliance (Fire Extinguishers) Case 01-97 Duane & Marian Jung 2140 Calumet St. (Life Safety) Member Kerwin moved to accept the Affidavit of Compliance for Case 01-97 regarding the fire extinguishers only. The motion was duly seconded and carried unanimously. B. Affidavit of Non-Compliance (Fire Sprinkler System) Case 01-97 Duane & Marian Jung (Life Safety) Member Kerwin moved to accept the Affidavit of Non-Compliance and issue the Order imposing the fine for Case 01-97 regarding the fire sprinkler system only. The motion was duly seconded and carried unanimously. 3. Other Board Action/Discussion - None. 4. Approval of Minutes Chair Riley noted Member Rogers was not in attendance and Member Swanberg was not the chair at the March 26, 1997 meeting. The minutes will be amended to reflect the changes. Member Tieman moved to accept the minutes as amended. The motion was duly seconded and carried unanimously. 5. Adjournment. The meeting adjourned at 3:55 p.m.