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08/26/1998MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER August 26, 1998 Present: Chair Helen Kerwin Vice-Chair Lawrence Tieman Member Frank Huffman Member David Allbritton Member Mary Rogero Member Sheila Cole Absent: Member William Plouffe Also Present: Rob Surette, Assistant City Attorney Chris Aiello, Board Attorney Mary K. “Sue” Diana, Secretary for the Board Brenda Moses, Board Reporter 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 15-98 Huso & Nidzara Zivalj 2085 N. San Sebastian Way (Building) - Chianella In a memo dated September 14, 1998, Inspector Dana Chianella requested this case be continued since the owners were out of town. Member Huffman moved to continue Case 15-98 to September 23, 1998. The motion was duly seconded and carried unanimously. B. Case 16-98 Katherine A. Pepper 1384 Milton Avenue (Building) - Chianella Secretary for the Board Diana read the Affidavit of Violation and Request for Hearing. The dates of official notice of violation were June 12, 1997 and July 8, 1998. The subject property remains in violation of the Building Code. A fence was installed without permits or inspections. In response to questions from Assistant City Attorney Rob Surette, Inspector Dana Chianella said on July 8, 1998, a notice of violation was issued for installation of a fence without a permit or inspection. Ownership was verified through the Property Appraiser’s Office. The notice of violation sent by certified mail was returned unclaimed. Notification of the violation was posted on the fence at the property and at City Hall. Photographs were taken this morning (Exhibit 2) and the property remains in violation. Inspector Chianella said she personally gave the owner’s son, a tenant, notice of today’s hearing and explained the permit requirements. She expressed uncertainty regarding whether the owner resides at the property. The Property Appraiser’s Office has no forwarding address on record. Attorney Surette submitted City Exhibits 1-3. Discussion ensued regarding the length of time the property has been in violation. It was remarked the owner is receiving a homestead exemption on the subject property. Member Huffman moved concerning Case 16-98 the Municipal Code Enforcement Board has heard testimony at its regular meeting held on August 26, 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 1-3 (Ex. 1 - photographs taken of the property on 7/8/98; Ex. 2 - photographs taken of the property on 8/26/98; and Ex. 3 - verification of ownership, it is evident the property is in violation of the sections of the Building 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 30 days (September 25, 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 September 25, 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 September 25, 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 upon the vote being taken, Members Kerwin, Tieman, Rogero, Allbritton, and Huffman voted “Aye”; Member Cole voted “Nay”. Motion carried. C. Case 17-98 Lucky Louis, Inc. 20 S. Myrtle Avenue (Building) - Chianella In a memo dated August 19, 1998, Inspector Chianella withdrew Case 17-98. The property is now in compliance. D. Case 18-98 Anna M. & Bernard A. Hawk 700 S. Highland Avenue (Building) - Chianella Secretary for the Board Diana read the Affidavit of Violation and Request for Hearing. The date of official notice of violation was May 1, 1998. The subject property remains in violation of the Building Code. A sliding glass door and window were installed without permits or inspections. The garage was enclosed without electrical and building permits. Service was obtained for the notice of hearing. In response to questions from Attorney Surette, Inspector Chianella said Inspector Robert Scott initially inspected the property on May 1, 1998, and at that time a stop work order was issued. She explained to the owners on August 13, 1998 the permit requirements. Notification of the violation was posted on the property and at City Hall. Photographs (Exhibit 3) were taken this morning and the property remains in violation. Assistant City Attorney Surette submitted Exhibits 1-3. Member Rogero moved that concerning Case No. 18-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on August 26, 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 1-3 (Ex. 1 - photographs of property on 5/1/98; Ex. 2 - verification of ownership; and Ex. 3 - photographs of property on 8/26/98, it is evident the property is in violation of the sections of the Building 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. 47.081 & 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 (September 25, 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 September 25, 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 September 25, 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. E. Case 19-98 Vasilios & Dimitrios Vassos 111 S. Orion Avenue (Building) - Chianella Secretary for the Board Diana read the Affidavit of Violation and Request for Hearing. The date of official notice of violation was January 27, 1998. The garage was enclosed without permits or inspections. The subject property remains in violation of the Building Code. Service was obtained for the notice of hearing. In response to questions from Attorney Surette, Inspector Chianella said a notice of violation and stop work order was issued on January 27, 1998 by another inspector. On June 25, 1998, the property were re-posted and a certified copy of the notice of violation was sent by certified mail to the owner. The certified mail was returned unclaimed. The notice of violation was posted at City Hall and on the property. Ownership was verified through the Property Appraiser’s Office. Photographs (Exhibit 4) were taken this morning and the property remains in violation of the building code. Attorney Surette submitted City Exhibits 1-4. The owner, Vasilios Vassos, said he was unaware a permit is required for enclosing the garage. He said all electrical work remains the same and the garage is being used as a storage room. He constructed 36 cinder blocks and had intended installing a window, but stopped work when he received the notice of violation and stop work order. He said he did not change the structure itself, but removed the garage door and installed bricks and sheet rock over it. Discussion ensued and it was explained to Mr. Vassos that modifications to a structure require a permit. Mr. Vassos questioned whether he could wait to obtain a permit and it was indicated that would not be possible as work had already been started. Member Tieman moved that concerning Case 19-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on August 26, 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 and Respondent Vasillos Vassos, and viewing the evidence, City Exhibits1-4 - photographs of the property taken on 1/27/98 and 8/26/98, it is evident the property is in violation of the sections of the Building 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. 47.081 & 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 (September 25, 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 September 25, 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 September 25, 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. F. Case 20-98 Wayne Klein 1011 Turner Street (Building) - Chianella Secretary for the Board Diana read the Affidavit of Violation and Request for Hearing. The dates of official notice of violation were June 30, 1997 and June 9, 1998. An above ground pool was installed without permits or inspections. The property remains in violation of the Building Code. In response to questions from Attorney Surette, Inspector Chianella said a notice of violation was posted on the property on June 9, 1998 and a copy sent to the owner by certified mail. On August 7, 1996, a request for a pool permit from Mister Pool was received in the Central Permitting Department but was voided. No date was shown on the application. The reason it was voided is unknown. Inspector Chianella contacted the owners on several occasions, explaining the permit requirements. Photographs (Exhibit 3) taken this morning show the property remains in violation of the Building code. Attorney Surette submitted City Exhibits 1 -3. Owner, Wayne Klein, said his daughter had contacted the Central Permitting Department attempting to correct the problem. He has a letter of no conflict from Florida Power Corporation and thought Mister Pool had applied for, and obtained, a pool permit. In response to a question, he said his ex-wife may have signed for the the certified mail receipt for the notice of hearing. In response to a question, Mr. Cole indicated the pool had been moved from another location and reinstalled by Mister Pool. Discussion ensued regarding the length of time this violation has continued. It was explained to Mr. Klein it is the responsibility of the homeowner to ensure a permit is pulled. There was discussion regarding proper documentation to apply for a permit. He believed he could obtain a permit within 30 days. Member Huffman moved that concerning Case 20-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on August 26, 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 and Respondent Wayne Klein, and viewing the evidence, City Exhibits 1-3 - photographs of the property taken on 6/30/97, 6/9/98 and 8/26/98, it is evident the property is in violation of the sections of the Building 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 30 days (September 25, 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 September 25, 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 September 25, 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 12-98 - Affidavit of Non-Compliance Pat G. Trizis 1748 St. Anthony Drive (Building) - Chianella B. Case 14-98 - Affidavit of Non-Compliance David J. Getchell 303 Pennsylvania Avenue (Building) - Chianella Member Huffman moved to accept the Affidavits of Non-Compliance and issue the orders imposing the fines for Cases 12-98 and 14-98. The motion was duly seconded and carried unanimously. C. Case 50-97 - Affidavit of Compliance Leonard A. Pagnotta 600 Wildwood Way (Housing) - Hinson Member Tieman moved to accept the Affidavit of Compliance for Case 50-97. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION - None. 4. APPROVAL OF MINUTES - July 22, 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 4:05 p.m. 6. WORK SESSION Consensus was to reschedule the work session.