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01/27/1999MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER January 27, 1999 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair Frank Huffman Board Member Mary Rogero Board Member Sheila Cole Board Member Joyce Martin Board Member Absent: David Allbritton Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Mark Connolly Attorney for the Board Mary K. Diana Secretary for the Board Brenda Moses 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 Statutes 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. ITEM 1 - PUBLIC HEARINGS A. Case 34-98 (Cont. from 12/9/98) William & Hope Georgilas 1849 Gulf to Bay Boulevard (Building) - Chianella In a memo dated January 14, 1999, Inspector Robert Scott withdrew Case 34-98 as the property is now in compliance. B. Case 01-99 Robert J. Metz / Floyd M. McKenzie 1846 Drew Street (Public Nuisance) - DeBord In a memo dated January 27, 1999, Inspector Rick DeBord withdrew Case 01-99 as the abandoned vehicle on the property has been removed. C. Case 02-99 Vincent Arnold & Fay Shields 2040 Sunset Grove Lane (Building) - Chianella In a memo dated January 14, 1999, Inspector Robert Scott withdrew Case 02-99 as the property is now in compliance. D. Case 03-99 Markos K. & Sevasti Lagos 2070 Range Road (Building) - Chianella Assistant City Attorney Leslie Dougall-Sides reported the applicant could not attend today’s hearing. She also believed the incorrect code section regarding the violation was cited. Member Tieman moved to continue Case 03-99 to the February 24, 1999 meeting The motion was duly seconded and carried unanimously. E. Case 04-99 Rodolfo Cortinovis 1881 Feather Tree Circle (Building) - Chianella In a memo dated January 14, 1999, Inspector Robert Scott withdrew Case 04-99 as the property is now in compliance. F. Case 05-99 The Pep Boys 1721 Gulf to Bay Blvd. (LDC) - Kurleman In a memo dated January 22, 1999, Inspector Scott Kurleman withdrew Case 05-99 as the property is now in compliance. G. Case 06-99 Clearwater Prop. Group c/o Kmart 3476 2130 Gulf to Bay Blvd. (LDC) - Kurleman Board Secretary Diana read the affidavit of violation and request for hearing. Assistant City Attorney Leslie Dougall-Sides reported both the owner and lessee were cited. The notices of hearing sent by certified mail were returned unclaimed. Jan Stern, Stern Design Group, said he is the not the official representative for Kmart, but is the current landscape architect for the project. He offered to answer questions regarding the progress of the project and what has been done since his firm’s involvement. Board Attorney Mark Connolly advised, since Mr. Stern is not Kmart’s official representative, Case 06-99 be continued until proper service on the notices of hearing is obtained. Mr. Stern said his Kmart contact in Troy, Michigan informed him of today’s meeting. He gave Ms. Diana the address of that contact for notification purposes. Member Huffman moved to continue Case 06-99 to the February 24, 1999 meeting. The motion was duly seconded and carried unanimously. H. Case 07-99 Edward C. Ellis & Richard J. Slater 527 E Street (Housing) - Hinson Ms. Diana read the affidavit of violation and request for hearing. The date of official notice of violation was November 9, 1998. In response to a question, she said the notice of hearing sent by certified mail was returned unclaimed. Ms. Dougall-Sides reported Inspector Hinson posted the notice of hearing on the property, but failed to include all necessary attachments. She requested the board continue the case. Member Cole moved to continue Case 07-99 to the February 24, 1999 meeting. The motion was duly seconded and carried unanimously. ITEM 2 - UNFINISHED BUSINESS A. Case 28-98 - Affidavit of Compliance Robert Croston 2346 Druid Road, #1213 (Housing) - Wright G. Case 95-92 - Affidavit of Compliance Thomas & Elizabeth Floyd 605 Hart Street (Housing) - Wright H. Case 16-98 - Affidavit of Compliance Katherine A. Pepper 1384 Milton Avenue (Building) - Scott Member Huffman moved to accept the Affidavits of Compliance for Cases 28-98, 95-92, and 16-98. The motion was duly seconded and carried unanimously. B. Case 21-98 - Affidavit of Non-Compliance Lori Fenolio 1718 Druid Road (Building) - Chianella C. Case 22-98 - Affidavit of Non-Compliance Mark Rossi 708 Madera Avenue (Housing) - Wright D. Case 25-98 - Affidavit of Non-Compliance Thomas L. George 417 N. Washington Avenue (Building) - Scott E. Case 26-98 - Affidavit of Non-Compliance Bill V. & Sophia Stathopoulos 1975 Drew Street (Building) - Chianella F. Case 27-98 - Affidavit of Non-Compliance Carlton McCray/Estate of Maggie Bridges 1016 N. Greenwood Avenue (Building) - Chianella Member Tieman moved to accept the Affidavits of Non-Compliance and issue the orders imposing the fines for Cases 21-98, 22-98, 25-98, 26-98, and 27-98. The motion was duly seconded and carried unanimously. ITEM 3 - OTHER BOARD ACTION/DISCUSSION A. Request for Reduction of Fine Case 42-97 James R. Helms (now owned by Torunski) 1232 S. Sedeeva Circle (Building) - Scott Inspector Robert Scott said the previous owner of this property had rented it to a tenant who began remodeling it without a permit. That tenant has vacated the property. Mr. Helms has since sold the property to the new owners, Mr. & Mrs. Chris Torunski. Mr. Scott said he suggested the Torunskis address the board for a reduction of the fine. Chris Torunski said he purchased the property with plans to make improvements. He was aware of the lien on the property at the time of purchase. He said he spoke to Mr. Scott, and the Legal Department regarding clearing the title on the property. He said he was told the Municipal Code Enforcement Board was reasonable when considering requests to reduce fines. In response to a question, Mr. Torunski said the lien was listed as an exception on the title policy at the time of purchase. Discussion ensued regarding purchasing property with a lien attached. In response to a question, Mr. Torunski said he has already spent $15,000 in improvements to the property and plans to spend an additional $25,000. The property has been an eyesore and he felt by improving the property he was performing a service to the community. In response to questions, Assistant City Attorney John Carassas said the property was bought subject to the lien and foreclosure would be against the property not the previous owner. Mr. Torunski said he cannot pay the lien. Concern was expressed in setting a precedent by reducing fines on properties that are sold with liens attached. Discussion ensued in regard to administrative costs. Member Martin moved to reduce the fine to $300, the estimated administrative costs. The motion was duly seconded. Discussion continued and a reduction to $1,000 was considered more appropriate given the fact the Torunskis were aware of the lien when they purchased the property. Member Tieman requested the motion be amended to reduce the fine to $1,000. Member Martin accepted the amendment. The seconder concurred. Upon the vote being taken, the motion carried unanimously. ITEM 4 - APPROVAL OF MINUTES - 12/09/98 Member Tieman moved to approve the minutes of December 9, 1998, as corrected by the Board Secretary. The motion was duly seconded and carried unanimously. Other Business Discussion ensued regarding the foreclosure process. Assistant City Attorney Carassas said the City is more aggressive when vacant property is involved. Once the City forecloses on abandoned structures they are then responsible for securing or razing the structure which can be costly. A question was raised if the Glen Johnson property on Sand Key has changed ownership. Ms. Dougall-Sides indicated there may be investors interested in the property. There is a lien recorded on the property and the Code Enforcement Board has authorized foreclosure. ITEM 5 - ADJOURNMENT The meeting adjourned at 4:01 p.m.