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04/22/1998MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER April 22, 1998 Present: Helen Kerwin, Chair Lawrence Tieman, Vice-Chair David Allbritton, Member Frank Huffman, Member Mary Rogero, Member William Plouffe, Member Leslie Dougall-Sides, Assistant City Attorney Mary K. “Sue” Diana, Secretary for the Board Mark Connolley, Board Attorney Brenda Moses, Board Reporter Absent: Dennis Henegar, Member The meeting was called to order by Chair Kerwin at 3:04 p.m. in City Hall Chambers, 112 Osceola Avenue. In order to provide continuity for research, the items listed are 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. Case 07-98 Mary W. Smith 1111 Blanche B. Littlejohn Trail (Housing) - Hinson Secretary for the Board Diana read the Affidavit of Violation and Request for Hearing. The date of official notice of violation was October 20, 1997. The subject property remains in violation of the Standard Housing Code. In response to questions from Attorney Dougall-Sides, Inspector Fred Hinson said the initial inspection of the property dates back to January, 1997, at which time the property was tenant occupied. Access to the interior of the property was not obtained at any time. The exterior violations observed were broken and boarded windows, soffit and fascia deterioration, exterior door damage, and a portion of the porch roof overhang was collapsing. Inspector Hinson indicated Ms. Smith had attempted to make some repairs. Mr. Willie Otis Kelly, representing the owner, said he is a friend of Ms. Smith, and is helping her remedy the violations. In response to questions, Mr. Kelly said he felt 90 days was reasonable for compliance. Attorney Dougall-Sides submitted City Exhibits 1-8. Member Huffman moved that concerning Case 07-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on April 22, 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 Freddie Hinson (Willie Odis Kelly was present to represent Respondent), and viewing the evidence, City Exhibits 1-8 (Ex. 1 - City code adopting housing code; Ex. 2 - ISC Property Report; Ex. 3 - housing report; Ex. 4 - revised housing report; Ex. 5 - notice of violation; Ex. 6 - affidavit of violation request for hearing; Ex. 7 - notice of hearing; and Ex. 8 - composite photographs of conditions dated 1/29/98), it is evident the property is in violation of Sections 303.4, 305.3.2, & 305.12 of the Standard Housing Code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 303.4, 305.3.2, & 305.12, 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 90 days (July 21, 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 July 21, 1998, the Respondent may be ordered to pay a fine in the amount of twenty five and no/100 dollars ($25.00) per day for each day the violation continues beyond July 21, 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. 2. UNFINISHED BUSINESS A. Case 64-91 - Affidavit of Compliance Roger O. Hober 615 Phoenix Avenue (Land Development Code) - Rosa Member Tieman moved to accept the Affidavit of Compliance for Case 64-91. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Request for Reduction of Fine Case 23-97 Ronald A. Hadley 1148 & 1148 1/2 LaSalle Street (Building) - Scott Bruce Harland, attorney, representing the owner, Ronald A. Hadley, suggested the City reduce Mr. Hadley’s fine to $3,000 from $47,750. Mr. Harland indicated Mr. Hadley has attempted to make some repairs but had not been able to complete all of them on a timely basis stated due to his age and memory problems. The property has been brought into compliance by a licensed contractor. Attorney Dougall-Sides questioned whether there is another lien on the property located at 1148-1/2 La Salle Street. Discussion ensued in regard to continuing this case to research the records. Member Huffman moved to continue Case 23-97 to the next meeting. The motion was duly seconded and carried unanimously. B. Request for Reduction of Fine Case 56-97 Ilhan M. Bilgutay 608 Spruce Avenue (Housing) - Hinson The owner of the property, Ilhan M. Bilgutay was present. Inspector Hinson said Mr. Bilgutay has made attempts to bring the property into compliance. He has experienced some difficulty in obtaining licensed contractors. In response to a question, Ms. Diana said the fine currently owed is $8,000 for 32 days of noncompliance. Administrative fees are estimated at approximately $370 for copies, certified mail, and attorney fees. Discussion ensued regarding the fine and a recommendation was made the fine be reduced to an amount between $1,000-$1,500. Mr. Bilgutay felt $500 was more reasonable. Member Tieman moved concerning Case 56-97 to reduce the fine from $8,000 to $750 if paid within 30 days. The motion was duly seconded and carried unanimously. 4. APPROVAL OF MINUTES - March 25, 1998 Member Huffman requested the minutes be amended to reflect Member Tieman as Vice-Chair rather than Member Huffman. Member Tieman moved to approve the minutes as amended. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting adjourned at 3:40 p.m.