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05/27/1998MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER May 27, 1998 Present: Lawrence Tieman, Vice-Chair Dennis Henegar, Board Member David Allbritton, Board Member Frank Huffman, Board Member Mary Rogero, Board Member William Plouffe, Board Member Mark Connolley, Board Attorney Leslie Dougall-Sides, Assistant City Attorney Mary K. “Sue” Diana, Secretary to the Board Brenda Moses, Board Reporter Absent: Helen Kerwin, Chair The meeting was called to order by the Vice-Chair at 3:00 p.m. in City Hall Chambers, 112 Osceola Avenue, Clearwater. In order to provide continuity for research, the times 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. Florida Statutes 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 06-98 a) Glen R. Johnson, Inc. and Affiliates, Registered Agent, Glen R. Johnson b) Beach Communities II, Inc., Registered Agent, Glen R. Johnson 1350 Gulf Boulevard (Land Development Code) - Scott Secretary for the Board Diana read the Affidavit of Violation & Request for Hearing. The date of the official notice of violation was January 29, 1998. The subject property remains in violation of the Code. In response to questions from Assistant City Attorney Leslie Dougall-Sides, Inspector Robert Scott said an anonymous complaint was received on December 31, 1997. The property was inspected on that date; however, no one was present on the property. He said he returned on January 2, 1998, at which time a stop work order was issued. Subsequent complaints have been received from property owners to the north and south of this property. Mr. Johnson was issued permits for a fence, office administration trailer, restripping of an existing asphalted area and a sales and reception center for a proposed condominium project. The permits expired in December 1997 and a three month extension was granted, with the understanding the applicant would submit construction plans. To date, no plans have been submitted. There are currently three trailers and a great deal of debris on the property. A notice of violation was issued on April 24, 1998, to both the construction company and the property owner. Ownership was verified through the Property Appraiser’s office. Inspector Scott said he had explained to R. Martin Gorges, Mr. Johnson’s representative, the Army Corps of Engineers’ plans to dredge in the area had no bearing on the permits issued. Ms. Dougall-Sides submitted City Exhibits 1-7. She referred to a letter from the Army Corps of Engineers indicating they would not use Mr. Johnson’s construction site for storage of materials. City Exhibit 7, photographs taken of the property showed construction trailers and materials, the posted notice of hearing and the fence around the site. She noted Mr. Chodora requested removal of the fence. Mr. Gorges verified photographs taken of the property (Exhibit 7). In response to a question, Mr. Gorges agreed the original permit had expired in November 1997, and a 90-day extension had been granted which has also expired. He said the original permit was for a temporary sales and reception center to be constructed on the site. He felt another extension should be granted. He said the persons complaining about the debris have been using the site for overflow parking. He said none of the permits issued are for the construction of the condominium project. Mr. Johnson has a certified site plan and drawings for the construction of a 17-story building at the site. He said the trailer is being used as a construction trailer, and no sales are being done on the site. The other trailers contain filing cabinets. In response to a question, Mr. Gorges said he did not know when construction would begin. Glen R. Johnson said, due to beach renourishment plans by the Army Corps of Engineers, he has not started construction of the model center. He indicated he has repeatedly cleaned debris left by others on the site. He felt he is being denied the use of his property because the Building Department refuses to grant him an extension. Nicholas French, adjacent property owner, alleged the telephone directory lists the subject property as a business address for Mr. Johnson. Since the property is in a multi-family neighborhood, he felt Mr. Johnson is violating the code by operating a commercial business at the site. Mr. French said it has been alleged Mr. Johnson is having difficulties in moving ahead because of finances. He stated Mr. Johnson is one of two property owners who has not signed an easement regarding beach renourishment. He requested the board direct Mr. Johnson to remove the trailers and debris from the site. Dick Ruben, Sand Key resident, said Mr. Johnson’s property has been discussed by the Sand Key Civic Association. He said Mr. Johnson had indicated to him in early 1997 he would begin construction once a contract was signed by the state and federal government regarding beach renourishment. Beach renourishment has started and is proposed to be completed by July 15th. He said this site is the only remaining vacant lot on Sand Key and hopes that the condominium project will be done. He complained regarding the unsightly condition of the lot. Mr. Johnson said the comments regarding his plans and financing are hearsay. He felt his finances should not be discussed at a public meeting. He said he will construct a model center when he knows a beach will be in place, and that the Corps of Engineers will not need to occupy the site. Member Huffman moved that concerning Case 06-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 27, 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 Robert Scott, Building Administrator Vic Chodora, Martin Gorges, and Glen Johnson, and viewing the evidence, City Exhibits 1-7 (Ex. 1 - Affidavit of Posting; Ex. 2 - applicable code sections; Ex. 3 - permit history; Ex. 4 - chronology re proposed construction of temporary welcome center and real estate office; Ex. 5 - Notices of Hearing dated 5/7/98; Ex. 6 - Affidavit of Service dated 5/11/98; Ex. 7 - composite photographs of conditions dated 2/24/98, 4/24/98, and 5/27/98), and Defendant’s Ex. 1 - chronology re permitting of a temporary reception center and sales office, it is evident the property is in violation of the sections of the Code as read into the record in that permits have expired for trailers located on site and these trailers need to be removed. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Ch. 40, Art. 1, Section 40.004(2), (3) and Ch. 40, Art. II, Div. 12, Sections 40.221, 40.222, 40.223 & 40.224 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 (June 26, 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 June 26, 1998, the Respondent may be ordered to pay a fine in the amount of one hundred fifty and no/100 dollars ($150.00) per day for each day the violation continues beyond June 26, 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. B. Case 08-98 Gary & Suzanne Gregoire 2021 Edgewater Drive (Land Development Code) - Scott In a memo dated May 27, 1998, Building Director Vic Chodora withdrew Case 08-98. C. Case 10-98 Viorel Caba 606 Palm Bluff Street (Public Nuisance) - Dawkins In a memo dated May 26, 1998, Inspector Shirley Dawkins withdrew Case 10-98. Mr. Caba is no longer the owner of record. 2. UNFINISHED BUSINESS A. Case 17-97 -Affidavit of Compliance Shropshire/Owner - Jackson/Lessee 1420 Gulf-to-Bay Boulevard (Building) - Chianella Member Henegar moved to accept the Affidavit of Compliance for Case 17-97. The motion was duly seconded and carried unanimously. B. Case 54-97 - Affidavit of Compliance Alma R. Riley 1588 S. Prospect Avenue (Housing) - Hinson Member Henegar moved to accept the Affidavit of Compliance for Case 54-97. The motion was duly seconded and carried unanimously. C. Case 49-97 - Affidavit of Non-Compliance Daniel J. Mehler c/o David J. Getchell 305 Pennsylvania Avenue (Housing) - Hinson Member Henegar moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 49-97. The motion was duly seconded and carried unanimously. D. Case 02-98 - Affidavit of Non-Compliance Louis & Cleareather Gross 915 N. Garden Avenue (Housing) - Hinson Member Henegar moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 02-98. The motion was duly seconded and carried unanimously. E. Case 04-98 - Affidavit of Non-Compliance Obadiaa & Lillie M. James 807 Vine Avenue (Abatement - Garage Only) - Wright Member Henegar moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 04-98. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. (Cont’d from 4/22/98) Request for Reduction of Fine Case 23-97 Ronald A. Hadley 1148 & 1148 1/2 La Salle Street (Building) - Scott This case was continued from the last meeting for staff to research if any liens existed on any other properties owned by Mr. Hadley. There were none. Bruce Harland, representing Mr. Hadley, said Mr. Hadley owns 26 properties in Clearwater. Mr. Harland said the property is only worth $18,000 and the fine is $47,750. He said his client is experiencing memory and health problems. He requested the Board reduce the fine. Member Henegar moved that concerning Case 23-97, the fine be reduced from $47,750 to $675 to be paid within 30 days from the date of today’s hearing. The motion was duly seconded and carried unanimously. Discussion ensued regarding consistency when reducing fines relative to the value of the property and other pertinent information. It was indicated each reduction needs to be considered on a case by case basis. B. Request for Reduction of Fine Case 64-91 Roger O. Hober 615 Phoenix Avenue (Land Development Code) - Rosa Michael Holmes, a neighbor of Mrs. Hober, said Mr. Hober died before this matter was corrected. He indicated Mr. Hober was a stubborn man who let a minor violation continue. He said Mrs. Hober has no earning power and limited funds. She could not afford to hire someone to remove the fence. He said he removed the fence for her and the property is now in compliance. Ms. Diana noted the Affidavit of Compliance was accepted at last month’s meeting. The fine amount is $23,100 for 2,310 days of violation. She indicated administrative costs total approximately $200. Member Huffman moved to reduce the fine from $23,100 to $250 payable within 30 days from the date of today’s hearing. The motion was duly seconded and carried unanimously. 4. APPROVAL OF MINUTES - April 22, 1998 Member Huffman moved to approve the minutes as submitted in writing to each member. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting adjourned at 4:23 p.m.