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07/22/1998MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER July 22, 1998 Present: Helen Kerwin, Chair Lawrence Tieman, Vice-Chair Mary Rogero, Member William Plouffe, Member Sheila Cole, Member Leslie Dougall-Sides, Assistant City Attorney Mark Connolley, Board Attorney Mary K. “Sue” Diana, Secretary for the Board Brenda Moses, Board Reporter Absent: Frank Huffman, Member David Allbritton, Member The meeting was called to order by Chair Kerwin at 3:00 p.m. in City Hall Chambers. In order to provide continuity for research, the items are 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. Case 12-98 Pat G. Trizis 1748 St. Anthony Drive (Building) - Chianella Secretary for the Board Diana read the Affidavit of Violation and Request for Hearing. The date of official notice of violation was August 26, 1997. The subject property remains in violation of the Building Code. An above ground swimming pool and wooden structure (playhouse) were installed without permits or inspections. Service for the notice of hearing was obtained. In response to questions from Assistant City Attorney Leslie Dougall-Sides, Inspector Robert Scott said the property was initially inspected on August 26, 1997, and a notice of violation was issued for installation of an above ground pool and a wooden structure without permits or inspections. The wooden structure constructed near the pool is a playhouse with a landing, constructed with 4’ X 4’ wooden planks. Any structures built or constructed that are 12 inches high or more require a permit due to wind load requirements. Also, a permit for an above ground pool requires a letter of no conflict from Florida Power and an electrical inspection. Mr. Scott said he did not speak to the owner personally, but spoke to Royal Pools, the company who installed the pool. They agreed to contact the owner to ensure the pool complied with code requirements. Inspector Dana Chianella said she spoke to the owner by phone and explained the permit requirements. The owner agreed to comply within a week, but did not. Inspector Chianella inspected the property and posted a notice of violation at the property on April 27, 1998, mailed a certified copy of the notice to Royal Pools, and took photographs of the property. As of this morning, the property is still in violation. Attorney Dougall-Sides submitted City Exhibits 1-6. Mr. Pat G. Trizis said he and his son built the playhouse. He was unaware Royal Pools had not obtained a permit to install the pool. Discussion ensued regarding certified plans being required in order to obtain a permit for construction of the playhouse. In response to a question, Inspector Chianella said Mr. Trizis can draw the plans for the playhouse himself. Mr. Trizis said the drawings he submitted were rejected. In response to a question, Inspector Scott said an “as-built” drawing of the structure must be submitted by an architect verifying it meets all code requirements. The structure must be anchored with clips, framing properly spaced, and the roof secured. Mr. Trizis’ cousin who is an architect cannot verify the structure meets every code requirement. Mr. Trizis indicated he will get with him again to see what can be done in order to comply. Discussion ensued regarding removing the legs on the structure and it was indicated the playhouse would still require anchoring. There was also discussion regarding the definition of a structure. Mr. Trizis requested 21 days for compliance due to a scheduled vacation. In response to a question, Attorney Dougall-Sides said the City is considering programs such as placing informational fliers at home improvement centers in the City to better inform citizens of building requirements. Member Tieman moved that concerning Case 12-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 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 Inspectors Dana Chianella and Robert Scott and, the Respondent, and viewing the evidence, City Exhibits 1-6 (Ex. 1 -stop work order dated 8/26/97; Ex. 2 - affidavit of posting dated 4/27/98 and notice of violation; Ex. 3 - verification of ownership; Ex. 4 - affidavit of violation and request for hearing; Ex. 5 - notice of hearing dated 6/30/98; and Ex. 6 - composite photographs of conditions dated 8/26/97, 4/27/98, 7/22/98, 5/21/98), it is evident the property is in violation of the sections of the City of Clearwater Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV, Sec. 47.083(2) and Art. V, Sec. 47.111 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 21 days. 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 August 12, 1998, the Respondent may be ordered to pay a fine in the amount of one hundred twenty-five and no/100 dollars ($125.00) per day for each day the violation continues beyond August 12, 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 13-98 Arthur Passias 1378 Milton Street (Building) - Chianella In a memo dated July 8, 1998, Inspector Chianella withdrew Case 13-98 because the property is now in compliance. C. Case 14-98 David J. Getchell 303 Pennsylvania Avenue (Building) - Chianella Ms. Diana read the Affidavit of Violation and Request for Hearing. The date of official notice of violation was May 11, 1998. The subject property remains in violation of the Building Code. Remodeling of a house is being done without permits or inspections. In response to questions from Attorney Mark Connolley, Inspector Chianella said the notice of violation was posted at the property on July 9, 1998, and at City Hall. In response to questions from Attorney Dougall-Sides, Inspector Chianella said an anonymous complaint was received and she inspected the property on May 11, 1998 for violations relating to interior and exterior remodeling without permits and inspections. The property was not occupied at that time. A stop work order and notice of violation were posted at the property, City Hall, and mailed to two separate addresses. Both certified letters were returned unclaimed. Property ownership was verified through the property appraiser’s office. Attorney Dougall-Sides submitted City Exhibits 1-6. Inspector Chianella said she reinspected the property this morning and it remains in violation. She has never spoken to Mr. Getchell. A licensed contractor is required for remodeling of leased properties. A tenant at Mr. Getchell’s current residence has indicated Mr. Getchell was evicted and left no forwarding address. Member Rogero moved that concerning Case 14-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 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 Dana Chianella (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 - stop work order dated 5/11/98; Ex. 2 - affidavits of posting dated 5/11/98 and 5/18/98; Ex. 3 - verification of ownership; Ex. 4 - affidavit of violation and request for hearing; Ex. 5 - notice of hearing dated 6/30/98; and Ex. 6 - composite photographs of conditions dated 5/11/98, 7/9/98 and 7/22/98), it is evident the property is in violation of the sections of the City of Clearwater Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Ch. 47, Art. IV, Secs. 47.081 and 47.083(2) and Art. V, Sec. 47.111 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. 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 August 21, 1998, 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 continues beyond August 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. The motion was duly seconded and carried unanimously. 2. UNFINISHED BUSINESS A. Case 02-96 - Affidavit of Compliance John & Nancy Hopp 522 S. Glenwood Avenue (Land Development Code) B. Case 45-96 - Affidavit of Compliance Charles Howard 1140 Palm Bluff (Land Development Code) - Scott C. Case 17-97 - Affidavit of Compliance Shropshire/Owner 1420 Gulf-to-Bay Boulevard (Building) - Chianella D. Case 18-97 - Affidavit of Compliance Michael Hollenbeck 113 Kenwood Avenue (Building) - Wright E. Case 04-98 - Affidavit of Compliance Obadiaa & Lillie M. James 807 Vine Avenue (Abatement) - Wright Member Tieman moved to accept the Affidavits of Compliance for Cases 02-96, 45-96, 17-97, 18-97, and 04-98. The motion was duly seconded and carried unanimously. F. Case 06-98 - Affidavit of Non-Compliance Glen R. Johnson, Inc. and Affiliates, Registered Agent, Glen R. Johnson & Beach Communities II, Inc., Registered Agent, Glen R. Johnson 1350 Gulf Boulevard (Land Development Code) - Scott Member Tieman moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 06-98. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A) Schedule Work Session A work session was scheduled immediately following the next regularly scheduled meeting on August 26, 1998. 4. APPROVAL OF MINUTES - May 25, 1998 Member Tieman 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 3:50 p.m.