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09/22/1999MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER September 22, 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 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 3:02 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 24-99 Belleview Biltmore Resort Ltd. 1590 Gulf Blvd. (Cabana Club Restaurant) (Building) - Wright Inspector William Wright said the applicant has requested a 30-day continuance. Member Tieman moved to continue Case 24-99 to the October 22, 1999, meeting. The motion was duly seconded and carried unanimously. B. Case 25-99 Marden S. Gordon 1631 Sand Key Estates Ct. (Building) – Wright Board Secretary Diana read the affidavit of violation and request for hearing. She reported service was obtained by posting the notice of hearing on the property. Assistant City Attorney Leslie Dougall-Sides said the subject property was previously brought before the Board as Case 18-99 on July 28, 1999. However, it was questioned whether the appropriate code sections were cited. Case 18-99 was withdrawn to be recited and has been brought forward as Case 25-99. Ms. Dougall-Sides requested the Board accept the exhibits submitted and the testimony given at the Board’s meeting on July 28, 1999. In response to questions from Ms. Dougall-Sides, Inspector William Wright said the notice of unsafe structure mailed on May 7, 1999 was returned unclaimed. The property was recited under the section of the building code that outlines the criteria for determining whether a structure is unsafe. He posted the notice of unsafe building on the property and at City Hall on July 29, 1999 and the notice of hearing for today’s meeting on September 8, 1999. Mr. Wright said he received a call from the owner indicating the building had been secured. Upon reinspection today, Mr. Wright indicated the property remains in violation with respect to the rear patio and the opening under the building. Ms. Dougall-Sides submitted City Exhibits 1 – 10. Marden S. Gordon, owner, said he has secured the building and is agreeable to constructing all necessary stair rails. He said he had been out of town most of the year and was unaware of the violations until recently. He agreed to comply with code within 30 days. In response to a question, Mr. Gordon said he did not construct rails to the rear patio because he felt the building would be more secure without them. He thought he had the building sold this summer to a builder who was to finish the building. He submitted photographs of the building (Defendant’s Exhibit 1). He said the entire exterior is finished except for landscaping. Two area homeowners said the problems with the building have been ongoing for over a year. Mr. Gordon’s building permit expired in 1996. The dwelling has been in its present state for over 3 years. They thanked the board for their efforts to address these problems. They disagreed with Mr. Gordon’s statement that the building is completely finished. A petition containing 33 names requesting completion of the dwelling was submitted. In response to questions, Inspector Wright said the owner has no active building permit. A permit is not required for the patio rails; however, is required for inspection of the wind load after work is completed. It was noted only the unsafe conditions not completion of the building were before the board today. Member Huffman moved that concerning Case 25-99, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on September 22, 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 Respondent, Marden S. Gordon, and viewing the evidence, City Exhibits 1-10 (Ex. 1 – notice of unsafe building dated 5/7/99; Ex. 2 – affidavit of posting dated 7/29/99; Ex. 3 – notice of violation dated 8/5/99; Ex. 4 – affidavit of posting dated 8/5/99; Ex. 5 – cited code sections; Ex. 6 – property owner verification; Ex. 7 – affidavit of violation & request for hearing dated 8/19/99; Ex. 8 - notice of hearing dated 9/2/99; Ex. 9 - affidavit of service dated 9/8/99; and Ex. 10 - composite photographs of conditions dated 7/29/99) and Defendant’s Exhibit 1 (Ex. 1 - photos of rear of structure), it is evident the property is in violation of the sections of the Standard Building Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Ch. 47, Art. VII, Sec. 47.161 and Ch. 1, Sec. 103.5 of the Standard Building 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 20 days (October 12, 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 October 12, 1999, 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 October 12, 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. A question was raised if the violations reoccur, can a fine automatically be imposed. Board Attorney Mark Connolly said offenders could be fined up to $500 for a repeat violation. A repeat violation can be brought forward and a fine imposed for each day of the repeat violation even if remedied before the hearing date. Case 26-99 Markos & Sevasti Lagos 1331 Cleveland Street (Landscape) – Kurleman Ms. Diana said the owners are attempting to comply with code, and have requested a continuance. Member Tieman moved to accept the request to continue for Case 26-99 to October 27, 1999. The motion was duly seconded and carried unanimously. C. Case 27-99 Mary Jackson 1332 Mary L Rd (Outdoor storage) - Rosa Ms. Dougall-Sides said a foreclosure action has been filed. Inspector Rosa said staff was contacted by the mortgage holder this morning that a foreclosure hearing is scheduled for October 10, 1999. Staff requested a continuance of Case 27-99. Member Huffman moved to continue Case 27-99 to the October 27, 1999, meeting. The motion was duly seconded and carried unanimously. 2. UNFINISHED BUSINESS – None. 3. OTHER BOARD ACTION/DISCUSSION – None. 4. APPROVAL OF MINUTES – August 25, 1999 Member Tieman moved to approve the minutes as corrected. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting adjourned at 3:40 p.m.