Loading...
10/28/1998MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER October 28, 1998 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair Frank Huffman Member Mary Rogero Member Sheila Cole Member Joyce Martin Member Absent: David Allbritton Member Also Present: Leslie Dougall-Sides Assistant City Attorney Christopher Aiello Attorney for the Board Mary K. “Sue” 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 15-98 (Cont’d from 08/26/98) Huso & Nidzara Zivalj 2085 N. San Sebastian Way (Building) - Chianella In her October 27, 1998, memorandum, Code Enforcement Inspector Dana Chianella withdrew Case #15-98 as the property is now in compliance. B. Case 21-98 Lori Fenolio 1718 Druid Road (Building) - Chianella Board Secretary Diana read the Affidavit of Violation & Request for Hearing. She reported the notice of hearing sent by certified mail was returned unclaimed by the Post Office. Service was obtained by physically posting the notice of hearing on the property and at City Hall. Property owner Lori Fenolio was 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). In response to questions from Ms. Dougall-Sides, Code Enforcement Inspector Dana Chianella said while driving on July 16, 1998, she saw evidence of construction work including the replacement of some windows with different sized ones, the elimination of some windows, and the addition of a new front door and a sliding glass door. Ms. Chianella said she had posted the property with a stop work order, took photographs, and subsequently reviewed the County property ownership records, determining Lori Fenolio is the owner. The owner called, stating she would pull the required permit. Ms. Chianella testified she last spoke with the owner on August 19, 1998, when Ms. Fenolio indicated the application was completed, the check was ready, and the permit would be pulled. On August 25, 1998, a Code Enforcement Inspector reported Ms. Fenolio had indicated she would pull the permit. The property was posted again on October 15, 1998, and photographs taken of additional work done, including the completion of some projects. Ms. Chianella said based on the home owner’s pattern of breaking promises and the ample opportunity provided her to comply with the notice of violation, she recommended a fine of $250 a day for continued non-compliance after 30 days. Exhibits #1 - #5 including photographs taken July 16, 1998, October 15, 1998, and October 28, 1998, were submitted. In response to a question, Ms. Chianella said the blocked windows may require some life safety corrections. She reported work on the back of the house has not been completed. Member Cole moved that concerning Case 21-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on October 28, 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 (Respondent was not represented) and viewing the evidence, City Exhibits 1-5 (Ex. 1 - stop work order dated 07/26/98; Ex. 2 - code section cited; Ex. 3 - property owner verification; Ex. 4 - affidavit of violation and request for hearing and notice of hearing; and Ex. 5 - photographs of the property taken 07/16/98, 10/15/98 and10/28/98), 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 (November 27, 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 November 27, 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 November 27, 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 22-98 Mark Rossi 708 Madera Avenue (Housing) - Wright In his October 26, 1998, memorandum, Building Inspector Bill Wright requested Case #22-98 be continued. Member Tieman moved to continue Case #22-98. The motion was duly seconded and carried unanimously. D. Case 23-98 Dimmitt Car leasing, Inc. 914 Park Street (Building) - Wright In his October 14, 1998, memorandum, Mr. Wright withdrew Case #23-98 as the property is now in compliance. E. Case 24-98 Clearwater Roofing Co., Robert Binder 1479-A South Greenwood Avenue (Land Development Code) - Niemiller In her October 23, 1998, memorandum, Code Enforcement Inspector Vickie Niemiller requested Case #24-98 be continued. Member Tieman moved to continue Case #24-98. The motion was duly seconded and carried unanimously. F. Case 25-98 Thomas L. George, Jr. 417 North Washington Avenue (Building) - Scott 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 property owner had received notice of this meeting. Property owner Thomas L. George, Jr. was in attendance. In response to questions from Ms. Dougall-Sides, Building Inspector Robert Scott said based on an anonymous complaint, he inspected the subject property on November 4, 1997, saw evidence of rotten wood and significant damage to the home’s front porch, took photographs, and posted the property with a stop work order. A review of County property ownership records determined Thomas I. George, Jr. is the owner. Mr. George had secured a permit for the project on November 17, 1997. During a reinspection on May 1, 1998, Mr. Scott said he issued a 6 item correction notice noting deficiencies including exposed wood and discussed the matter with Mr. George. The property was posted for noncompliance on August 6, 1998. Mr. Scott said a subsequent inspection on August 18,1998, indicated no repairs to the front porch spans nor installation of appropriate hurricane clips, etc. Photographs taken October 26, 1998, indicate the property remains in noncompliance. Mr. Scott recommended requiring an engineer certification stating the wood on the porch is capable of bearing up to a 102 mph wind load. He said termite damage to the main building exists but not to the addition. He recommended after the engineer certification is obtained, stucco be used to cover the wood. The City has received numerous complaints about the project which is more than a year old. Mr. Scott noted the permit will expire on November 17, 1998. He recommended a fine of $150 a day for continued non-compliance after 30 days. Exhibits #1 - #9 including photographs taken November 4, 1997, September 22, 1998, and October 26, 1998, were submitted. Mr. George said he is a single parent and has been trying to complete the work in spite of financial problems. He no longer is self-employed. He said he also has been working on other on-site projects. He presented photographs showing additional repairs on the porch have been completed and that the project does not affect his neighborhood negatively. In response to a question, Mr. George said during the 2-year long project he has replaced the front door and removed the roof from an existing porch. He said he has tried to remain in compliance and has the required permits. In response to a question, Mr. Scott said he was not sure the City would extend the permit without proof of significant progress. The requirement for an engineer certification was reviewed, with the clarification that a certified sketch is not acceptable. In response to a question, Mr. George said he could complete the required work on the porch and obtain an engineer certification within 60 days. Concern was expressed additional hardships not be imposed on the property owner. Member Huffman moved that concerning Case 25-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on October 28, 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 and Respondent, and viewing the evidence, City Exhibits 1-9 (Ex. 1 - stop work order dated 11/18/97; Ex. 2 - notice of violation dated 06/01/98; Ex. 3 - property owner verification; Ex. 4 - permit history; Ex. 5 - correction notice dated 8/19/98; Ex. 6 - affidavit of violation and request for hearing and notice of hearing; Ex. 8 - code section cited; and Ex. 9 - photographs of the property dated 11/04/97, 09/22/98 and 10/26/98), 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. 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 60 days (December 27, 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 December 27, 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 December 27, 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. Ms. Hill said she lives next door to the subject property. She said since the project began 3 years ago, she has been unable to sell her home due to the unsightliness of the subject property. She predicted further delays will cost her money. G. Case 26-98 Bill V. & Sophia Stathopoulos. 1975 Drew Street (Building) - Chianella 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 property owner had received notice of this meeting. Property owners Bill V. & Sophia Stathopoulos were not in attendance. In response to questions from Ms. Dougall-Sides, Mr. Scott said in response to a telephone complaint, he had made his initial inspection of the subject property on January 30, 1998. A review of the County property ownership records determined Bill V. & Sophia Stathopoulos are the owners. The subject property has a commercial use downstairs and upstairs apartments. Although he could not enter the property, Mr. Scott could see work was in progress and issued a stop work order. He later inspected the property with a contractor who had requested information on necessary repairs. Mr. Scott said after a roof leak had damaged the dry wall, the owners had decided to move walls and plumbing. He said electrical box wires were hanging without fuses. Mr. Scott reported his last contact with a property representative was onsite on July 29, 1998. He said Mrs. Stathopoulos had indicated she was in the process of hiring a contractor. A permit was pulled yesterday. Mr. Scott said it is important the work be completed and properly inspected, including electrical and mechanical inspections. As the work has been in progress for 11 months, Mr. Scott recommended a fine of $100 a day for continued non-compliance after 45 days. Ms. Chianella said she had provided Mrs. Stathopoulos a 10 day extension in August 1998. She said photographs of the site taken from outside indicate insulation is hanging from the ceiling. She concurred with Mr. Scott’s recommendation. Exhibits #1 - #6 and photographs taken June 25, 1998, and October 28, 1998, were submitted. Ms. Chianella will reinspect the property after repairs are made. Member Tieman moved that concerning Case 26-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on October 28, 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 (Respondent had no representation) and viewing the evidence, City Exhibits 1-6 (Ex. 1 - stop work order dated 06/25/98; Ex. 2 - affidavit of posting dated 06/25/98; Ex. 3 - property owner verification; Ex. 4 - affidavit of hearing & request for hearing and notice of hearing; Ex. 5 - photographs of the property dated 06/25/98 and 10/28/98; and Ex. 6 - code section cited), 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 45 days (December 12, 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 December 12, 1998, the Respondent may be ordered to pay a fine in the amount of one hundred and no/100 dollars ($100.00) per day for each day the violation continues beyond December 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. H. Case 27-98 Carlton McCray/Estate of Maggie Bridges 1016 North Greenwood Avenue (Building) - Chianella Ms. Dougall-Sides indicated a review of the County property ownership records determined the Maggie M. Bridges estate owns the subject property. Carlton McCray, nephew of the deceased, had filed a petition to represent the estate. The last order related to the estate was dated June 1997. No one has been appointed officially as representative although Mr. McCray is the person listed in County records to receive official documents. Board Secretary Diana read the Affidavit of Violation & Request for Hearing. She reported the notice of hearing sent by certified mail was returned unclaimed. Service was obtained by physically posting the notice of hearing on the property and at City Hall. Carlton McCray was in attendance. In response to questions from Ms. Dougall-Sides, Ms. Chianella said she had made her initial inspection of the subject property on August 4, 1998, in response to notification by Building Inspector Freddie Hinson. She saw evidence of a 6-foot high wood fence being installed next to a 6-foot high chain link fence and issued a stop work order. A contractor is not required to install the fence but a property survey is needed to obtain a permit. Ms. Chianella recommended a fine of $50 a day for continued non-compliance after 30 days. Exhibits #1 - #7 including photographs taken August 4, 1998, and October 28, 1998, were submitted. Mr. McCray said his family has owned the subject property for 74 years. He said he was installing the wood fence to protect the property as the chain link fence has been ineffective in stopping people from using the lot as a dump. He said he will get title to the property eventually. Even though the fence is not on the property’s border, Ms. Chianella indicated a permit and survey are required. It was recommended Mr. McCray work with staff. Member Rogero moved that concerning Case 27-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on October 28, 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 Carlton McCray representing Estate of Maggie Bridges and viewing the evidence, City Exhibits 1-7 (Ex. 1 - stop work order dated 08/04/98; Ex. 2 - affidavit of posting dated 08/04/98; Ex. 3 - certified mail receipt; Ex. 4 - property owner verification; Ex. 5 - affidavit of violation and request for hearing and notice of hearing; Ex. 6 - code section cited; and Ex. 7 - photographs dated 08/04/98, 10/15/98 and 10/28/98), 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 45 days (December 12, 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 December 12, 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 December 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. I. Case 28-98 Robert S. Croston 2346 Druid Road #1213 (Housing) - Wright Staff requested Case #28-98 be continued. A letter has been received from Robert Croston asking for his hearing to be rescheduled as he would not be in the area for today’s meeting. Member Tieman moved to continue Case #28-98. The motion was duly seconded and carried unanimously. J. Case 29-98 Fred Ferwerda (Representative for Condominium) 100 Waverly Way (Fire Alarm) - Blackburn Inspector Ann Blackburn requested Case #29-98 be continued. Member Tieman moved to continue Case #29-98. The motion was duly seconded and carried unanimously. ITEM #2 - Unfinished Business A. Case 20-98 - Affidavit of Compliance Wayne Klein 1011 Turner Street (Building) - Chianella B. Case 12-98 - Affidavit of Compliance Pat G. Trizis 1748 St. Anthony Drive (Building) - Chianella C. Case 42-97 - Affidavit of Compliance James R. Helms 1232 South Sedeeva Circle (Building) - Scott D. Case 20-95 - 2 Affidavits of Compliance Gary & Phillips Wood Patrick Media Group, Inc. 1556 South Fort Harrison Avenue (Land Development Code) - Furlong E. Case 04-92 - Affidavit of Compliance David Gangelhoff d/b/a Gulf Marine 405 North Fort Harrison Avenue (Land Development Code) - Doherty Member Tieman moved to accept the affidavits of compliance for Cases 20-98, 12-98, 42-97, 20-95, and 04-92. The motion was duly seconded and carried unanimously. F. Case 18-98 - Affidavit of Non-Compliance Anna M. & Bernard A. Hawk 700 South Highland Avenue (Building) - Chianella G. Case 19-98 - Affidavit of Non-Compliance Vasilios & Dimitrios Vassos 111 S. Orion Avenue (Building) - Chianella H. Case 16-98 - Affidavit of Non-Compliance Katherine A. Pepper 1384 Milton Avenue (Building) - Chianella Member Huffman moved to accept the affidavits of non-compliance and issue the orders imposing the fines for Cases #18-98, #19-98, and #16-98. The motion was duly seconded and carried unanimously. ITEM #3 - Other Board Action/Discussion A. Discuss November Meeting Due to the Thanksgiving Holiday, Ms. Diana recommended the board modify its November schedule. Consensus was to schedule the November Municipal Code Enforcement Board meeting on November 18, 1998. B. Schedule Worksession Consensus was to schedule the December 9, 1998, meeting at 2:00 p.m., to be followed by a workshop. Ms. Diana will verify the date with the board’s attorney. ITEM #4 - Approval of the Minutes Member Huffman moved to approve the minutes of the regular meeting of August 26, 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 4:19 p.m.