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03/25/1998MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER March 25, 1998 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair Dennis Henegar Member Frank Huffman Member David Allbritton Member Mary Rogero Member William Plouffe Member Leslie Dougall-Sides Assistant City Attorney Andy Salzman Attorney for the Board Mary K. Diana Secretary for the Board Patricia Sullivan Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the order. Florida Statue 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. ITEM #1 - Public Hearings A. Case 03-98 Albert & Albert R. Barsion 502 Engman Street (Housing) - HInson In his March 18, 1998, memorandum, Building Inspector Fredd Hinson withdrew Case #03-98 as the property is now in compliance. B. Case 04-98 Obadiaa & Lillie M. James 807 vine Avenue (Abatement) - Wright Board Secretary Diana read the Affidavit of Violation & Request for Hearing. She reported the certified mail receipt had been returned by the Post Office indicating the James had received notice of this meeting. The James were not in attendance. Assistant City Attorney Leslie Dougall-Sides said the standard unsafe structure abatement code requires cited buildings to be repaired, demolished, or brought before the MCEB (Municipal Code Enforcement Board). Building Inspector Bill Wright said the property owner lives in the residence and has a rental unit in the back. The detached garage is on the verge of collapse. The violation was discovered during a neighborhood inspection on June 10, 1997. The notice of unsafe structure was issued on June 13, 1997. The garage structure is dilapidated, the roof is collapsing, and the garage door has deteriorated. No permits for repairs have been issued. Property ownership was determined through County records. A letter of notice was sent to the owner on July 1, 1997. Mr. Wright had returned to the property on July 21, 1997, and August 15, 1997, and noted no work had been done. A letter was sent to the James noting the ongoing problem with the structure on August 19, 1997. It was noted when staff receives no response to this notice, the City sometimes places the structure on the demolition list and proceeds with a title search. At this point, the property owner begins to incur expenses. A notice of violation, sent in December 1997, was returned undeliverable. A third notice of violation was mailed on January 6, 1998, and the certified mail receipt returned January 16, 1998. Mr. Wright did not meet with Mr. James to review options until January 21, 1998, when the property owner visited City offices. Mr. Wright recommended the building be razed. The James have not filed an appeal of the City’s actions. Staff reinspected the property approximately twice a month with the last inspection on March 24, 1998. The structure remains in an unsafe condition. On February 5, 1998, Mr. Wright issued an Affidavit of Violation and Request for Hearing. He referred this issue to the board in hopes the owner would not incur the cost of an asbestos survey required when the City demolishes structures. The garage is the only structure affected. Since an asbestos survey would not be necessary if Mr. James razes the structure himself, the demolition would be less expensive if he hires his own contractor. A permit is required. Mr. Wright identified City Exhibit 9 as photographs he had taken of the garage when it first appeared on the unsafe structure list and Exhibit 10 includes photographs taken on March 24, 1998. The photographs are an accurate representation of current conditions. He recommended approval of a 30-day extension to provide the James an opportunity to correct the infraction after which a $50 per day fine would begin to accrue. He noted safety concerns related to the garage hanging over the alley. Ms. Dougall-Sides submitted City Exhibits 1 -13 and distributed the photograph sheets from the Unsafe Structure Reports. In response to a question, Mr. Wright said the owner had started to clean the area but had done no further work in 5 months. Staff has tried to work with him. The owner has not contacted the City in the last 30 days. Mr. Wright’s recommendation is based on the advanced age of the owner and his hope that the family not incur unnecessary expenses. Member Huffman moved that concerning Case 04-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on March 25, 1998, 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 William Wright (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-13 (Ex. 1 - applicable code sections Standard Building Code; Ex. 2 - chronology of events; Ex. 3 - activity schedule dated 3/25/98; Ex. 4 - notice of unsafe building dated 6/13/97; Ex. 5 - notice of violation dated 12/11/97; Ex. 6 - 7-day letter dated 7/1/97; Ex. 7 - 27-day letter dated 8/19/97 and 3/24/98; Ex. 8 - notice of violation dated 1/6/98; Exs. 9 and 10 - composite photographs of the condition of property dated 6/10/97 and 3/24/98; Ex. 11 - verification of ownership; Ex. 12 - affidavit of violation and request for hearing; and Ex. 13 - notice of hearing dated 3/4/98), it is evident the property (garage only) is in violation of the section of the Standard Unsafe Building Abatement Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Art. VII, Ch. 47, Sec. 47.161, Standard Unsafe Building Abatement Code, (Garage Only) as adopted by Art. III, Sec. 47.051 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 (April 24, 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 April 24, 1998, 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 April 24, 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. C. Case 05-98 Stamatina Sagonis 49 Acacia Street (Housing) - Wright In his March 18, 1998, memorandum, Building Inspector Bill Wright withdrew Case #05-98 as the property is now in compliance. ITEM #2 - Unfinished Business A. Case 32-97 - Affidavit of Compliance Jenny J. Harriger d/b/a Mambo Bay 490 Mandalay Avenue (Occupational License) - Sexsmith B. Case 56-97 Ilhan M. Bilgutay 608 Spruce Avenue (Housing) - HInson Member Tieman moved to accept the affidavits of compliance for Cases 32-97 and 56-97. The motion was duly seconded and carried unanimously. ITEM #3 - Other Board Action/Discussion - None. ITEM #4 - Approval of the Minutes Member Huffman moved to approve the minutes of the regular meeting of January 28, 1998, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #5 - Adjournment The meeting adjourned a 3:21 p.m.