Loading...
05/24/2000MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER May 24, 2000 Present: Helen Kerwin Chair David Allbritton Board Member Frank Huffman Board Member Sheila Cole Board Member Joyce Martin Board Member Absent: Lawrence Tieman Vice-Chair Pete Caffentzis Board Member Also Present: Leslie Dougall-Sides Assistant City Attorney Tony Tuntasit Board Attorney Susan Stephenson Deputy City Clerk Brenda Moses Board Reporter The meeting was called to order by Chair Kerwin at 3:00 p.m. at City Hall. In order to provide continuity for research, the items are listed in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. She noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. 1. PUBLIC HEARINGS A. (Cont. from 2/23 & 4/26/00) Case 17-00 - TABLED pending dismissal. Owner: Thomas G. Seibert Lessee: Business Records Management, Inc 1143 Eldridge Street (fire) - Anderson B. (Cont. from 2/23 & 4/26/00) Case 18-00 - TABLED pending dismissal. Owner: Thomas G. Seibert Lessee: Business Records Management, Inc 1125 Eldridge Street (fire) - Anderson Assistant City Attorney Leslie Dougall-Sides said Cases 17-00 and 18-00 were continued at the last meeting. Discussions were held with staff and both cases are expected to be dismissed by the City prior to the next Board meeting. C. Case 24-00 - WITHDRAWN, complied prior. Elizabeth A. Alvarez 1466 E. Pine Street (landscape) - Kurleman In a memo dated May 22, 2000, Inspector Scott Kurleman withdrew Case 24-00 as the property is now in compliance. D. Case 25-00 Billy J. & Betty J. Bray 1008 Beachwood Avenue (housing) - Wright Deputy City Clerk, Susan Stephenson, read the Affidavit of Violation and request for hearing. She reported service was obtained on the notice of hearing sent by certified mail. In response to questions from Ms. Dougall-Sides, Inspector Bill Wright stated a complaint was received from a tenant. The tenant permitted him access to the property and an initial inspection was performed on October 28, 1999. Upon inspection, Inspector Wright found rat droppings in the kitchen, the range did not work, holes in walls throughout the unit, screens missing from windows, locks missing on the front door, electrical problems with light fixtures in the dining room and porch area, no smoke detectors were present, the gas water heater in the garage was leaking and on the floor, and cardboard placed in a broken window in the bedroom. A notice of violation was issued and mailed to the property owner on October 29, 1999. Another notice of violation was mailed on March 20, 2000. Mr. Bray contacted Inspector Wright again last Thursday after receipt of the notice of hearing stating he had evicted the tenant who made the complaints. Inspector Wright said another tenant currently occupies the unit. Exhibits 1 – 5 including photographs were submitted. Inspector Wright said the photographs taken on January 25, 2000, include evidence of a rear sliding glass door with no screens or lock, a damaged and unsanitary kitchen countertop, open wires in walls, no heat, no stopper for the bathtub, cabinet drawers in the bathroom vanity missing, holes in walls, and a possible roof leak in the bedroom. Billy J. Bray, property owner, said upon returning from vacation he had surgery. He had received a letter from the City stating an inspection had been done and violations found. He stated his tenant had not paid rent since July 1999. The tenant who damaged the unit has since been evicted. Mr. Bray said all the violations have been repaired with the exception of the water heater which is still on the floor. He thought the case was closed. In response to a question, Mr. Bray said he could not make the repairs until his tenant was evicted. He stated he did not know that Inspector Wright had to reinspect the property to ensure repairs had been made. In response to a question, Inspector Wright said he had made 3 attempts to reinspect the property. Discussion ensued and it was remarked that Mr. Bray must make arrangements to allow Inspector Wright access to the property for a reinspection. Mr. Bray said he will make every effort to provide access to the property but indicated it may be difficult as his current tenant is not aware of the need for inspection. It was suggested that Mr. Bray notify his current tenant that an inspection must be done and access is required. In response to a question regarding the hot water heater, Mr. Bray said the hot water heater works, but remains on the floor. He said the broken windows and the door lock have been replaced, open electrical outlets replaced, and there are no rodent droppings present. He said the Code does not require a landlord to have an exterminator. It was remarked that Code states every dwelling shall be rodent-proof and droppings constitute a violation. Member Cole moved that concerning Case 25-00, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 24, 2000, 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 Billy Bray, Respondent, and viewing the evidence, City Exhibits 1-5 (Ex. 1 – notice of violation; Ex. 2 – Affidavit of Violation and Request for Hearing; Ex. 3 – Notice of Hearing; Ex. 4 – Housing Inspector’s Report; and Ex. 5 – composite photographs of conditions dated 1/25/00), it is evident the property is in violation of the section(s) of the Code as read into the record. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section(s) 302.1, 302.4, 302.5, 302.6, 302.9, 303.4, 305.7, 305.12, 305.13, 305.15, 305.16, 305.20 & 307.5, Standard Housing Code, as adopted by Section 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 by June 5, 2000. 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 June 5, 2000, 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 June 5, 2000. 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. 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. 2. UNFINISHED BUSINESS A. Case 22-00 - Affidavit of Compliance Remzi Dalip 808 Normandy Road (building) - Scott Member Huffman moved to accept the Affidavit of Compliance for Case 22-00. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Request to Address Board re fine at next meeting Case 19-98 Vasilios & Dimitrios Vassos 111 S. Orion Avenue (building) - Scott Member Huffman moved to grant the request to address the Board regarding the fine at the next meeting. The motion was duly seconded and carried unanimously. B. Request for Release of Lien re Clearwater Beach Resort Bayside Sub. No. 5, Blk B, Lots 9-13 & 15 Case 22-99 Sioutis, Anastasopoulos, Psaltis 470-484 Mandalay Avenue Clearwater Beach Park, Lots 43-48, S14.75' of Lot 64, & Lots 65-71 (Majestics Night Club) (landscape) - Kurleman Elias Anastasopoulos, property owner, felt the liens on all the properties listed in the lien filing were unfair as only one property was found in violation and that property has been maintained. Ms. Dougall-Sides said a Unity of Title filed on the property years ago includes a legal description that encompasses other businesses. Inspector Kurleman has indicated the former tenant had been maintaining the landscaping. The fine is still accruing due to an Affidavit of Noncompliance issued and reviewed by the Board at the October 27, 1999, meeting. No Affidavit of Compliance has been filed. Mr. Anastasopoulos said he did not receive notice of violation and thought he had been in compliance since November 1999. Ms. Dougall-Sides stated correspondence was sent on November 4, 1999, to Mr. Ekonomides via certified mail stating the date for compliance was October 24, 1999, and a fine of $100 a day would commence beginning October 25, 1999. Nickolas Ekonomides, representative, stated work was done on the property in October or November. He said three separate violations were cited. Refuse was removed and weeding, cutting, etc. of the grounds was done. He said there is a contract for purchase of the property and the new owner intends to demolish the building. He stated although the owner has maintained the property since he evicted the tenant, the Bay area is under drought conditions, which greatly affects the condition of landscaping materials. He feels the property is neat and orderly. In response to a question, Mr. Ekonomides requested the fines cease accruing as of the day the work was completed and that all properties other than the violating properties be released. In response to a question, Mr. Ekonomides said a reinspection was performed prior to the owner bringing the property into compliance. Lt. Kronschnabl, Development Services Director, stated staff had several meetings with the owner and his attorney in an attempt to resolve this issue. Ralph Stone, Director of Planning, said the initial violations occurred while the owner’s tenant rented the property. The property became vacant and redevelopment options surfaced. Mr. Stone felt it unnecessary to require the owner to spend money on landscaping as in the near future, the new property owner will demolish the building. He said staff is comfortable with the landscaping on the subject site. Mr. Stone said if there is a failure to sell the property or if the property is not demolished and redeveloped, the owner will be required to meet the conditions specified in the approved site plan or submit a new use that will generate a new site plan. He said staff has no problem with the other properties being removed from the lien. Lt. Kronschnabl said the fine should be halted and staff will make recommendations to the Board regarding reduction of the accrued fine. The other properties under the lien are not of concern to staff. Mr. Ekonomides said 3 individuals own the subject property and their properties are being tied up due to the lien. He requested the properties of Messers Anastasopoulos, Psaltis, and Sioutis be released. Ms. Dougall-Sides requested should the Board approve release of lien on those properties that a legal description of the properties be provided. She stated Inspector Wright requires an Affidavit of Compliance before the owner can request a reduction of fine. Mr. Ekonomides agreed to provide a legal description of the affected properties and suggested the release also specify the legal description of the violating property, indicate it is subject to the lien, and that all other properties connected to the violating property will be released. He will provide documentation regarding the date the owner came into compliance in 1999. Member Huffman moved that regarding Case 22-99, only the violating property which is Clearwater Beach Park, Lots 43-48, S14.75’ of Lot 64, & Lots 65-71 also known as 470-484 Mandalay Avenue, be subject to the lien of the violations as noted, and that all fines relative to this case be stopped as of this date. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS Gulfstream Contractors Inc COD2000-00317 917 Seminole Street Pine Crest Sub, Blk 8, W50' of $ 320.00 E97' of Lot 1 Gudell J. Singletary COD2000-00178 913 Hart Street Plaza Park, Blk C, W25' of Lot 1 and $ 320.00 N3' of W25' of Lot 2 Member Huffman moved to accept the nuisance abatement lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - 4/26/00 Member Cole moved to postpone approval of the minutes of April 26, 2000, to the next meeting. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:47 p.m.