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07/28/1999MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER July 28, 1999 Present: Helen Kerwin Chair Frank Huffman Member David Allbritton Member Mary Rogero Member Joyce Martin Member Sheila Cole Member Absent: Lawrence Tieman Vice-Chair Also Present: Leslie Dougall-Sides Assistant City Attorney Mark Connolly Attorney for the Board Mary K. “Sue” Diana Secretary for the Board Brenda Moses Board Reporter The Chair called the meeting to order at 3:04 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. 1. PUBLIC HEARINGS A. Case 15-99 Tropicana Palms, Ltd. (Builders Square) 2495 Gulf to Bay Blvd. (Landscape) – Kurleman In a memo dated July 28, 1999, Inspector Scott Kurleman withdrew Case 15-99 due to the company’s commencement of bankruptcy proceedings. B. Case 17-99 Equator, Inc. 2516 Gulf to Bay Blvd. (Building – Wright) Board Secretary Diana read the affidavit of violation and request for hearing. The return receipt for the notice of hearing sent by certified mail was received. The date of official notice of violation was February 18, 1999. In response to questions from Assistant City Attorney Leslie Dougall-Sides, Inspector Bill Wright said the property is covered with trash and debris. Violations include cracked and falling stucco, a deteriorated roof, open exterior electrical boxes, and glass broken out from doors. He said a storm or strong wind could remove the roofing system entirely. He also stated braces were apparently placed on some of the doors to prevent entry into the building when the homeless used the site. No work has been done since last January. The owner has indicated the property is being sold, but the property continues to deteriorate and no evidence of sale has been provided. Dan O’Brien, Regional Manager for Wilder Corporation, said the property has been sold. The new owner is expecting site plan approval within two weeks. He said the building will be leveled. He did not feel the cracked stucco created a hazard. In response to a question, Mr. O’Brien said the electricity has been cut off to the lights but remains on for the alarm and fire systems. He said the telephone is operable. He said he is not personally handling the closing which is contingent upon site plan approval. The property is currently vacant. Ms. Dougall-Sides said no formal site plan approval or application has been filed with the City. Mr. O’Brien said the sale requires DEP approval because of a City well on the property. Discussion ensued regarding the notice of hearing being sent to Equator, Inc. It was questioned if Mr. O’Brien, as a representative of Wilder Corporation, has the authority to speak on behalf of Equator, Inc. Mr. O’Brien noted Wilder Corporation is affiliated with Equator, Inc. Service was obtained on the notice of hearing sent to Equator, Inc. In response to a question, Mr. O’Brien said he did not bring evidence of the purchase contract or anticipated closing date. Concern was expressed the building in its current condition constitutes a health and safety hazard. In response to a question, Ms. Dougall-Sides said the Building Official determines if a building should be razed. It was noted the property has been cited as an unsafe structure and is located on Gulf-to-Bay Boulevard, one of the major corridors to the City. In response to a question, Inspector Wright said, at a minimum, the roof must be secured and the building secured from all trespassers. Member Cole moved that concerning Case 17-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 28, 1999, and based on the evidence, it is evident the property is in violation of the code sections read into the record. Equator, Inc. is ordered to correct the health and safety violations on the property within 2 weeks or the City may take such action as is necessary to correct those violations at the owner’s expense and that the remaining violations be corrected within 30 days, or a fine of $250/day be imposed. The motion was duly seconded. Discussion ensued regarding whether or not the City would perform the necessary repairs and bill the owner for the costs. Inspector Wright said the City prefers the owner make all repairs or demolish the building. Member Cole rescinded her motion. The seconder concurred. Member Allbritton moved that concerning Case 17-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 28, 1999, 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, and Dan O’Brien, Wilder Corporation, and viewing the evidence, City Exhibits 1-7 (Ex. 1 – notice of exterior building inspection dated 2/3/99; Ex. 2 – notice of violation; Ex. 3 – verification of ownership; Ex. 4 – code sections cited; Ex. 5 - affidavit of violation & request for hearing; Ex. 6 - notice of hearing dated 7/7/99; Ex. 7 – composite photographs of conditions of property dated 1/28/99 and 7/26/99), 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. 7, Art. III, Section 47.051 (1)(e) 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 health and safety violations (deteriorated roof, open exterior electrical outlets and securing the compound) within 2 weeks (August 11, 1999) and the remaining cited violations within 60 days (September 26, 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 health and safety violations are found, in subsequent proceedings by this Board, not to have been corrected on or before August 11, 1999 and the remaining cited violations on or before September 26, 1999, 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 their respective compliance dates. 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. Case 18-99 Marden S. Gordon 1631 Sand Key Estates Ct. (Building) – Wright Ms. Diana read the affidavit of violation and request for hearing. No one was present to represent the applicant. In response to questions from Ms. Dougall-Sides, Inspector Wright said the original anonymous complaint was received on February 3, 1999 and an inspection was done. On May 5, 1999, the building was declared unsafe. The building is on a waterfront lot. Construction was never completed. A permit was issued when construction originally started, but has since expired. Inspector Wright said violations include an interior balcony with no rails, missing rails on an exterior landing, unlocked doors, overgrown sidewalk landscaping, leaking windows, leaks under doors, electrical wires exposed, and a rodent problem. The Sand Key Homeowner’s Association has requested the City take action because the owner has indicated he has no intention to complete the building. A representative from the Sand Key Homeowner’s Association said since the owner has no certificate of occupancy the association cannot enforce association rules. He said there are rats and other animals on the property. He stated the owner ignores all requests from neighbors to finish construction of the building. The property adjacent to this property suffers greatly because of its unfinished, unsafe, and unsightly condition. In response to a question, Inspector Wright indicated the City could not do any enforcement while the development was under construction. Ms. Diana said service was obtained by posting the property 10 days prior to today’s hearing. Inspector Wright said although there is no City ordinance that can force a person to finish construction of a building, this property constitutes a safety violation of the housing code. It could become a nuisance and be considered an abandoned building. Ms. Dougall-Sides said there is a provision in the inspection section of the building code requiring inspections be done in a timely manner. Inspector Wright said inspections were done on the work performed, but the permit has expired. The Board Attorney questioned whether the appropriate sections of the code regarding these violations were cited in this case. Discussion ensued in regard to citing the property under unsafe structures and/or property maintenance standards. Ms. Dougall-Sides withdraw the case. The property will be recited under the proper code sections. 2. UNFINISHED BUSINESS Discussion ensued regarding the progress Kmart on Gulf-to-Bay Boulevard has made regarding their landscaping violations. It was remarked the project is progressing slowly. It was noted the project is scheduled to be completed by mid August. 3. OTHER BOARD ACTION/DISCUSSION A. Request for Reconsideration of Board's Order dated 6/23/99 Case 16-99 Equator, Inc. 2516 Gulf to Bay Blvd. (Landscape) - Kurleman Member Huffman moved to deny the request to reconsider Case 16-99. The motion was duly seconded and carried unanimously. APPROVAL OF MINUTES - 6/23/99 Member Huffman moved to approve the minutes of June 23, 1999, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ADJOURNMENT The meeting adjourned at 4:29 p.m.