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12/13/2000MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER December 13, 2000 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair Franke Huffman Member Peter Caffentzis Member Absent: Sheila Cole Member Joyce Martin Member David Allbritton Member Also Present: Leslie Dougall-Sides Assistant City Attorney Andy Salzman Attorney for the Board Sue Diana Secretary for the Board Patricia O. Sullivan 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 Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. Board Attorney Andy Salzman noted an affirmative vote of all four members present would be required to pass any motion or adopt any order. ITEM #1 - Public Hearings 1a) Case 42-00 (Cont'd from 11/8/00) William, Michael & Assoc Inc (Philip J. Matonte, RA) 307 Leeward Island (building) - Chaplinsky Conrad Lazo, representative, requested this item be continued to January, as only four board members are present. In his November 8, 2000 letter to Assistant City Attorney Leslie Dougall-Sides, he indicated he did not have adequate time to prepare for this hearing, he objected to the notice, which he felt was deficient, and he wanted to review City documents and speak with City witnesses. He said related engineering issues appear to have been resolved last month. Ms. Dougall-Sides said the Notice of Violation, issued on October 18, 2000, was sufficient. This type of hearing does not have a discovery process. As of December 11, 2000, the property was in compliance. Staff requests board review of this case to avoid future violations. Development Services Director Jeff Kronschnabl said nearby residents are frustrated this renovation project, underway for more than two years, has been is a nuisance and neighborhood eyesore. The City has incurred significant inspection costs related to this project. Discussion ensued regarding January's agenda. It was recommended the January 24, 2001 meeting begin at 1:00 p.m. due to a heavy caseload. Mr. Lazo requested detailed explanations of past violations. It was recommended he meet with staff prior to January's meeting. Member Tieman moved to continue Case 42-00 to January 24, 2001. The motion was duly seconded and carried unanimously. 1b) Case 43-00 (Cont'd from 11/8/00) McDowell Holdings Inc. (McDowell Dental Office) 1433 Court Street (landscape) - Kurleman Housh Ghovace, representative, requested this item be continued to January 24, 2001, as only four board members are present. Ms. Dougall-Sides said the City opposes a continuance. This case previously was continued. MCEB (Municipal Code Enforcement Board) Attorney Andy Salzman stated the property owner has the right to be heard by at least five board members. Member Huffman moved to continue Case 43-00 to January 24, 2001. The motion was duly seconded and carried unanimously. 1c) Case 44-00 (Cont'd from 11/8/00) B&K Property Management Inc. (B&K Plaza/Dominos Pizza) 2245 Nursery Road (landscape) - Kurleman In his November 15, 2000 letter, Phil Rands of B&K Property Management, requested this item be continued due to a scheduling conflict. Member Huffman moved to continue Case 44-00 to January 24, 2001. The motion was duly seconded and carried unanimously. 1d) Case 45-00 (Cont'd from 11/8/00) Sktel Inc. (Clearwater Beach Resort) 678 S. Gulfview Boulevard (landscape) - Kurleman Board Secretary Sue Diana read the affidavit of violation and request for hearing. Notice of Violation was issued on July 19, 2000, mailed certified, regular mail, and posted on the property and at City Hall. Service of the notice of hearing was obtained by certified mail to the owner. AND 1e) Case 46-00 (Cont'd from 11/8/00) Sktel Inc (Clearwater Beach Resort) 678 S. Gulfview Boulevard (tree permit fee) - Kurleman Board Secretary Sue Diana read the affidavit of violation and request for hearing. Twelve protected trees were removed effectively without a permit as required by Code. Notice of Violation was issued on July 19, 2000, mailed certified, regular mail, and posted on the property and at City Hall. Service of the notice of hearing was obtained by certified mail to the owner. In response to questions from Ms. Dougall-Sides, Land Resource Specialist Scott Kurleman reported required landscape was removed and replaced with paver blocks to create nonconforming parking spaces and 12 protected trees were effectively removed without a permit as required by Code. The original landscape plan had been filed with the City in 1995. Upon reinspection, the property remained in violation. As of November 20, 2000, the property was in compliance. He identified City Exhibit 6 as photographs he had taken of the subject property in August 2000. City Exhibit 7 is the landscape plan on file. Mr. Kurleman said the 12 protected trees, including live oak, slash pine, and Washingtonian palm were cut down or significantly pruned without required permits. According to Code, violators must replace the number of inches of trees removed with protected trees or pay into the City's tree fund. Ms. Dougall-Sides submitted City Exhibits 1 - 7 for Case 45-00 and City Exhibits 1 - 6 for Case 46-00. Mr. S. Patel, property owner, said his previous landscaper was not licensed and had pruned the trees excessively. He knows now to check with the City first. Mr. Kurleman said the landscaping must be maintained in a good condition. ITEM #2 – Unfinished Business 2a) Case 40-98 - Affidavit of Compliance Remprop Inc. 105 N. Mercury Avenue, Bldgs 1-4 (building) - Chianella/Coccia 2b) Case 06-00 - Affidavit of Compliance Evers L. & Leola V. Maxie 1004 N. Betty Lane (building) - Chianella/Coccia 2c) Case 07-00 - Affidavit of Compliance Ultra-Motive Engineering 1916 Calumet Street (occupational license) - Chianella/Coccia Member Tieman moved to accept the Affidavits of Compliance for Case 40-98, Case 06-00, and Case 07-00. The motion was duly seconded and carried unanimously. ITEM #3 - Other Board Action/Discussion 3a) Discuss fine regarding 1173 NE Cleveland Street John Bangos, representative, said when the owners purchased the property at 1177 NE Cleveland Street 3 years ago, liens totaled approximately $2,300. He stated the former City Manager and two former Planning and Development Services Administrators had indicated the City would waive the liens. The owners purchased the building addressed as 1173 and 1175 NE Cleveland Street one-year ago. Alise McGuire, a property owner, stated the property was in poor condition when it was purchased and security had to be hired. Ms. Diana stated the property has six liens, totaling $2,385. City out-of-pocket costs for contracting lawn-mowing services total $1,765. Lawn mowing also can include debris removal. The City Commission originally approved the liens by resolution. Ms. Dougall-Sides said the board's recommendation would be forwarded to the Commission for a final decision. Mr. Kronschnabl said the properties, previously scheduled for demolition, have been renovated and now are viable economic resources. Concern was expressed waiving these liens would establish a precedent. Mr. Bangos stated the property owners had believed the liens would be waived. Member Huffman moved to recommend the City Commission not reduce the lien on 1173 NE Cleveland Street to less than $2,000, to be payable within 30 days. The motion was duly seconded. Members Tieman and Huffman and Chair Kerwin voted "Aye"; Member Caffentzis voted "Nay." Motion carried. 3b) Request for Rehearing/Reconsideration Case 38-00 Owner: Glen Ellen Mobile Home Park c/o Diversified Investments Lessee: Lamar Whiteco Outdoor Corp 2894 Gulf-to-Bay Boulevard (sign) - Fox Ms. Dougall-Sides said the representative has requested a rehearing to exhaust all remedies before petitioning the court. She said little reason has been given to reconsider this case. She recommended against a rehearing. Member Huffman moved not to reconsider Case 38-00. The motion was duly seconded and carried unanimously. Conflict of Interest In response to a question, Mr. Salzman reviewed Florida law related to conflicts of interest. Members should vote on every item unless a conflict exists related to personal or family financial interest. He stated members should disclose if an issue relates to a neighbor even though a conflict of interest does not exist. ITEM #4 – New Business – None. ITEM #5 – Nuisance Abatement Lien Filings In reference to the proposed $296.06 nuisance abatement lien for COD2000-0460, Lotus Enterprises Inc., 1411 Gulf-to-Bay Boulevard, Boulevard Heights, Blk C, Lots 2-4 and 23-24, Development Services Manager Bob Hall reported the property was sold today at auction. The closing is scheduled in 30 days. The lien has not been recorded. He recommended readdressing this item at the January meeting. Hoke Russell COD2000-05004 916 Plaza Street $277.85 Plaza Park, Blk G, Lot 9 Robert Wiley COD2000-04835 1012 Metto Street $250.00 I.A. Mason's, Lot 3 Curtis Ford COD2000-04828 1429 Admiral Woodson Lane $288.00 Palm Terrace Unit 2, Lot 10 Lula M. Cromeadie COD2000-04095 1009 Garden Avenue $332.50 J.J. Eldridge, Blk D, Part of Lots 36 and 37 Joanne Mortimer c/o Lula Cromeadie COD2000-03867 1011 Garden Avenue $317.00 J.J. Eldridge, Blk D, N50' of Lot 37 Eddie Walker Est c/o Ruthie Walker COD2000-04626 1415 Taft Avenue $253.88 Lincoln Place, Blk1, Lot 16 W S F Trust 8/6/90 COD2000-03405 1106 LaSalle Street $250.00 Greenwood Park #2, Blk E, Lot 36 Lotus Enterprises Inc. COD2000-04601 1411 Gulf-to-Bay Boulevard $296.06 Boulevard Heights, Blk C, Lots 2-4 and 23-24 To be readdressed. Bernard Hawk COD2000-04038 700 Highland Avenue $250.00 Breeze Hill, Blk D, Lot 1 less rd on east Kenneth Lamb COD2000-04098 1130 Palm Bluff Street $250.00 Greenwood Park #2, Blk F, Lot 48 Rontron Realty & Investment Inc. COD2000-03398 1357 Park Street $250.00 Overbrook Sub, Blk 6, Lots 3-4 Kevin King COD2000-04556 1363 Fairmont Street $292.80 Pine Brook Highlands, Blk A, Lot 7 Vision Development COD2000-03845 303 Pennsylvania Avenue $250.00 Plaza Park, Blk D, Lot 5 and W1/2 vac alley V. Kennedy Tre & Quick Lube Inc. COD2000-04070 2620 Drew Street $406.64 Section 08/29/16, Metes & Bounds 33/07 Roderick Griffin COD2000-04964 703 Pennsylvania Avenue $324.00 Pine Crest Sub, Blk 7, Lot 10 O. James COD2000-04965 705 Pennsylvania Avenue $326.00 Pine Crest Sub, Blk 7, Lot 9 Member Tieman moved to accept the nuisance abatement lien filings, with the exception of the Lotus Enterprises Inc. property at 1411 Gulf-to-Bay Boulevard. The motion was duly seconded and carried unanimously. Member Tieman moved to readdress the nuisance abatement lien filing for the Lotus Enterprises Inc. property at 1411 Gulf-to-Bay Boulevard on January 24, 2001. The motion was duly seconded and carried unanimously. ITEM #6 - Approval of the Minutes Member Tieman moved to approve the minutes of the regular meetings of October 25 and November 8, 2000, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ITEM #7 - Adjournment The meeting adjourned at 4:15 p.m.