11/18/1998MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
November 18, 1998
Present: Lawrence Tieman Vice-Chair
Frank Huffman Member
David Allbritton Member
Mary Rogero Member
Sheila Cole Member
Joyce Martin Member
Absent: Helen Kerwin Chair
Also present: Leslie Dougall-Sides Assistant City Attorney
Mark Connolly Attorney for the Board
Mary K. Diana Secretary for the Board
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 Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings.
ITEM #1 - Public Hearings
A. Case 22-98
(Cont. from 10/28/98)
Mark Rossi
708 Madera Avenue
(Housing Code - Wright)
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. The Respondent, Mark Rossi, was not in attendance.
In response to questions from Ms. Leslie Dougall-Sides, Inspector Bill Wright stated an anonymous complaint was received on February 13, 1998. A tree had fallen on the house. The
initial inspection on February 17, 1998 showed the home to be secure. There was damage to the soffit and fascia area, gutters and window screens. A large tree limb is laying against
the roof on the rear of the building. Inspector Wright expressed concern the property could deteriorate into an unsafe condition.
He noted a notice of violation was sent to the owner at his residence in California and that service had been obtained. Ownership was verified through the property
appraiser’s office. There has been no contact with the property owner. Reinspections of the property and recent photographs show nothing has been done to remedy the situation.
Exhibits 1-8 including photographs were submitted.
Member Rogero moved that concerning Case 22-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on November 18, 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 William Wright (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-8 (Ex. 1 - Housing Inspector’s
Report; Ex. 2 - cited sections from the Standard Housing code; Ex. 3 - property owner verification; Ex. 4 - notice of violation dated 6/1/98; Ex. 5 - affidavit of violation & request
for hearing; Ex. 6 - notice of hearing dated 9/2/98; Ex. 7 - activity sheet; and Ex. 8 - photographs taken 9/11/98, 9/22/98, 11/5/98 and 11/17/98), it is evident the property is in violation
of the sections of the Standard Housing Code as read into the record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 305.3, 305.12 & 305.13 of the Standard Housing Code as adopted by Sec. 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 30 days (December 18, 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 18, 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 18, 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 24-98
(Cont. from 10/18/98)
Clearwater Roofing Co., Robert Binder
1479-A Greenwood Ave. S.
(Land Development Code - Niemiller)
In her memo dated November 16, 1996, Inspector Niemiller requested this case be continued. The property is being sold and the closing is scheduled for November 20, 1998. The City would
like to work with the new owner regarding the cited violation.
Robert Binder, current owner of the property, requested this case be addressed today. He said he has owned the property for 15 years and the current use of the property has not changed
since that time. He expressed concern regarding a potential lawsuit if the property is sold without the alleged violation being resolved. Vehicles are being stored on the property.
Mr. Binder noted the property is used as a transportation station for repossessed vehicles and is an allowed use in general commercial. He expressed concern his tenant be able to carry
on this use when the property is sold. He believed the use should be grandfathered in.
Inspector Niemiller explained that a 100 by 300 foot parcel of the subject property was sold to the City a couple years ago. Some of the vehicle storage was done on that parcel which
is zoned general commercial. Outdoor storage is allowed in that zoning district with conditional use approval. She noted there has never been conditional use approval for outdoor storage
on the property so there is nothing to grandfather in. It was noted the alleged violation has nothing to do with the size of the property.
Discussion ensued in regard to the definition of “transportation station” and Inspector Niemiller noted the code defined it as a public transportation building used for ticket sales
and shelter of persons waiting for transportation.
The Board Attorney advised Mr. Binder to make full disclosure to the potential buyer his concerns regarding the use of the property.
Inspector Niemiller indicated she explained to the potential buyer the property is zoned General Commercial and outdoor storage is allowed with conditional use approval.
It was believed continuing this case until the property is sold would be beneficial to all parties concerned.
Member Huffman moved to continue Case 24-98 to the meeting of December 9, 1998. The motion was duly seconded and carried unanimously.
C. Case 28-98
(Cont. from 10/28/98)
Robert S. Croston
Mobile Home Owner
2346 Druid Road #1213
(Housing Code - Wright)
Board Secretary Diana read the affidavit of violation & request for hearing. She indicated service was obtained on the notice of hearing.
In response to questions from Ms. Dougall-Sides, Inspector Bill Wright said the inspection was made at the request of Leonard Mueller, occupant of the unit. The property was inspected
on February 9, 1998 which revealed electrical and sanitation problems, rusted kitchen and bathroom fixtures and an inoperable smoke detector. He said windows were missing cranks, screens
were torn and missing, the ceiling on the front porch appeared to be sagging, presence of bugs were a concern and there was no heat. Mr. Wright noted mobile homes are subject to the
same codes as are houses.
Inspector Wright said the housing report was sent by certified mail to Mr. Croston on September 9, 1998 and the return receipt was received back on February 19, 1998. Property ownership
was verified through the property appraiser’s office and showed that the property was owned by MHC Financing Ltd. Partnership 2. He noted the owner of the mobile home was cited not
the property owner per the Legal Department’s recommendation. He noted Mr. Croston resides in New York and has been in Clearwater to make some of the repairs. Mr. Croston has returned
to New York; however, he is aware some of the violations still exist.
Member Huffman moved concerning Case 28-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on November 18, 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 William Wright (the Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-7 (Ex. 1 - Housing Inspector’s
Report dated 2/9/98; Ex. 2 - property owner verification; and Ex. 3 - notice of violation dated 4/10/98; Ex. 4 - affidavit of violation and request for hearing; Ex. 5 - notice of hearing;
Ex. 6 -cited code sections; and Ex. 7 - chronology of events), it is evident the property is in violation of Secs. 302.1, 303.4 and 305.16 of the Standard Housing Code as read into the
record.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of Sections 302.1, 303.4, and 305.16 of the Standard Housing Code as adopted by Sec. 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 30 days (December 18, 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 18, 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 18, 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.
D. Case 29-98
(Cont. from 10/28/98)
Fred Ferwerda (Representative for Condo)
100 Waverly Way
(Fire Code - Blackburn)
In a memo dated November 3, 1998, Inspector Anne Blackburn withdrew Case 29-98. The violation has been corrected and there is no need for further action.
E. Case 30-98
Mary W. Smith
1111 Blanche B. Little John Trail
(Building Code - Chianella)
Staff requested this case be continued to the next meeting. Member Huffman moved to continue Case 30-98 to the meeting of December 9, 1998. The motion was duly seconded and carried
unanimously.
F. Case 31-98
Patrick B. Baker
1012 Jones Street
(Building - Chianella)
Board Secretary Diana read the affidavit of violation and request for hearing. A porch is being enclosed and remodeled without obtaining a permit or inspections. Service was obtained
by physically posting the notice of hearing on the property and at City Hall.
In response to questions from Ms. Dougall-Sides, Inspector Dana Chianella said the initial inspection was done on April 21, 1998. As she drove by the property, she noticed work being
done without permits. At that time a stop work order was issued. She noted Mr. Baker was enclosing a porch. Photos were taken of the work being done. A notice of violation was issued
on April 28, 1998 and was sent certified mail to Mr. Baker. The signed mail receipt was returned but it was difficult to determine the signature. Mr. Baker applied for permits but
found out a variance was needed. He said he was leaving town for several months and was given five months to comply. Photos were taken of the property today and reflect that a front
door was added and the exterior of the enclosure was painted after the sop work order was issued. Ms. Chianella said he has had no recent contact with Mr. Baker.
Mr. Patrick Baker said he can not get a permit unless a setback variance is applied for and granted. In response to a question, Mr. Baker said he is enclosing an existing porch.
The existing porch is a non-conforming use and to enclose it would expand the non-conformity.
Exhibits 1-8 including photographs were submitted.
It was noted Mr. Baker came before the Board previously regarding a housing violation and it was questioned whether this violation was corrected. Ms. Dougall-Sides indicated the new
land development code may assist Mr. Baker regarding the enclosure as it is more liberal.
Concern was expressed Mr. Baker did not comply with the stop work order and continued to finish the work.
Member Allbritton moved that concerning Case 31-98 the Municipal Code Enforcement Board has heard testimony at its regular meeting held on November 18, 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 Robert B. Baker, the Respondent, and viewing the evidence, City Exhibits 1-8 (Ex. 1 - stop work order dated 4/28/98; Ex.
2 - notice of violation dated 4/28/98; and Ex. 3 - cited code sections; Ex. 4 - permit application; Ex. 5 - property owner verification; Ex. 6 - affidavit of violation & request for
hearing; Ex. 7 - notice of hearing; and Ex. 8 - photographs dated 4/21/98 and 11/18/98),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, Secs. 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 90 days (February 17, 1999). 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 February 17, 1999, 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 February 17, 1999.
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.
G. Case 32-98
Floyd D. & Terry S. Maddox
1507 Ridge Avenue
(Building - Chianella)
Ms. Diana read the affidavit of violation and request for hearing. A roof, windows and covered entrance were installed without permits and inspections. Service was obtained on the
notice of hearing.
In response to questions from Ms. Dougall-Sides, Building Inspector Dana Chianella said based on an anonymous complaint, she inspected the property. A covered roof over the front entrance
had been added, footers dug and plumbing run at the rear of the house. A stop work order was issued. She said Mrs. Maddox indicated on several occasions she would pull the permits.
A permit application is on file and can not be activated until drawings are received. The plumbing work and footers have been
voided from the application. Additional work was done after the stop work order was issued. Inspector Chianella said drawings were submitted today, however, were incomplete. Signed
and sealed drawings and inspections for the work are required.
Exhibits 1-7 including drawings were submitted.
Mrs. Maddox said she had hired two contractors to do the work. The work was never completed but her money was taken. She said previously her porch was fully enclosed with electric.
She said the roof was torn down because it was rotting. Mrs. Maddox stated she paid for a survey and permits but only the survey was done. She indicated she has engaged an attorney
and is in the process of trying to recoup her money.
In response to a question, Inspector Chianella said an existing enclosed porch was entirely ripped down and replaced. More involved drawings are needed because the structure was changed.
Concern was expressed in work continuing after a stop work order was issued. Mrs. Maddox responded she thought the matter had been resolved. She said she was not aware a permit was
needed to replace the windows. In response to question, Mrs. Maddox said she resides on the property.
Member Cole moved that concerning Case 32-98, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on November 18, 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 Terry S. Maddox, Respondent, and viewing the evidence, City Exhibits 1-7 (Ex. 1 - stop work order; Ex. 2 - notice of violation
dated 10/2/98; and Ex. 3 - property owner verification; Ex. 4 - affidavit of violation & request for hearing; Ex. 5 -cited code sections; Ex. 6 - notice of hearing dated 10/19/98 and
Ex. 7 - photographs dated 4/14/98, 10/15/98 and 11/18/98), 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, Secs. 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 60 days (January 17, 1999). 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 January 17, 1999, 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 January 17, 1999.
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.
ITEM #2 - Unfinished Business
A. Case 51-97 - Affidavit of Compliance
Lonnie & Josephine Dixon
207 Pennsylvania Avenue
(Housing - Hinson)
B. Case 52-97 - Affidavit of Compliance
Ilhan M. Bilgutay
606 Spruce Avenue
(Housing - Hinson)
Member Huffman moved to accept the Affidavits of Compliance for Cases 51-97 and 52-97. The motion was duly seconded and carried unanimously.
C. Case 01-97 - Affidavit of Non-Compliance
Patrick B. Baker
1012 Jones Street
(Housing - Hinson)
Member Huffman moved to continue this item to the meeting of December 10, 1998. The motion was duly seconded and carried unanimously.
D. Case 07-98 - Affidavit of Non-Compliance
Mary W. Smith
1111 Blanche B. LittleJohn Trail
(Housing - Hinson)
Member Rogero moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 07-98. The motion was duly seconded and carried unanimously.
ITEM #3 - Other Board Action/Discussion - None.
ITEM #4 - Approval of the Minutes
Member Cole moved to approve the minutes of the regular meeting of October 18, 1998, as corrected. The motion was duly seconded and carried unanimously.
ITEM #5 - Adjournment
The meeting adjourned at 3:21 p.m.
Attest:
_________________________________ _____________________________________
Secretary to the Board Chair, Municipal Code Enforcement Board