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10/24/2001MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER October 24, 2001 Present: Helen Kerwin Chair Sheila Cole Member Franke Huffman Member Joyce Martin Member Peter Caffentzis Member David Allbritton Member Absent: Lawrence Tieman Vice-Chair Also Present: Leslie Dougall-Sides Assistant City Attorney Andy Salzman Attorney for the Board Sue Diana Secretary for the Board Brenda Moses Board Reporter The Chair called the meeting to order at 3:03 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. 1. PUBLIC HEARINGS A. Case 16-01 - (Cont. from 4/25/01) Adriano Battaglini 500 N. Ft. Harrison Avenue (Development Code/Landscape) – Kurleman Withdrawn per Section 7-102(C) Per Sec. 7-102(C) of the Community Development Code, as the violation was corrected, the item was continued automatically to this meeting. As no recurrence of the violation has occurred, the item is withdrawn. B. Case 40-01 Complete Automotive Repair 203 S. Myrtle Avenue (Development Code/Sign) – Fox Continued to 11/28/01 Case 40-01 has been continued to the November 28, 2001, meeting. Case 41-01 Loni J. Shutler 2731 Poppyseed Court (Building Code) – Coccia Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. It was noted that no one was present to represent Ms. Shutler. In response to questions from Assistant City Attorney Leslie Dougall-Sides, City Inspector Mike Coccia said the property had come to his attention on June 20, 2001, following an anonymous complaint. He observed a new patio structure and a new six-foot fence had been built without permits or inspections. He posted a notice of violation on the property on June 20, 2001, sent the notice via certified and regular mail on July 30, 2001, and posted it at City Hall. He spoke to Ms. Shutler on May 21, 2001 regarding the violation. She said her friends had helped her build the structures and indicated she would obtain engineering drawings and permits. Mr. Coccia said he has not heard from her since that time and no permits or inspections have been done. He was unaware of any electrical violations, as he was not able to enter the property. He recommended the property owner could come into compliance within 30 days. Ms. Dougall-Sides submitted City Exhibits 1- 8. Member Huffman moved that concerning Case 41-01, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on October 24, 2001, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT - After hearing testimony of Inspector Mike Coccia for City (Respondent was not present and had no representation) and viewing the evidence, City Exhibits 1-8 [Ex. 1 – notice of violation and order to stop work; Ex. 2 – notice of violation and receipt for certified mail; Ex. 3 – affidavit of posting; Ex. 4 – property appraiser printout; Ex. 5 – affidavit of violation and request for hearing; Ex. 6 – notice of hearing; Ex. 7 – code sections; and Ex. 8 – composite photos dated 10/23/01], it is evident the property is in violation of the City code in that a patio deck and overhang and fence were constructed without permits and/or inspections. CONCLUSIONS OF LAW - The Respondent by reason of the foregoing is in violation of Chapter 47, Article IV, Section 47.083(2) and Article V, Section 47.111 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 within 30 days (November 23, 2001). 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 November 23, 2001, 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 November 23, 2001. 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 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 42-01 Richard A. Hoffman and Maxine I Nordmann 1919 Kings Highway (Building Code) – Coccia Continued to 11/28/01 Case 42-01 has been continued to the November 28, 2001, meeting. UNFINISHED BUSINESS Case 26-01 – Affidavit of Compliance Ifran and Advije Ismaili 620 S. Betty Lane (Building Code) – Wright Case 27-01 – Affidavit of Compliance Ifran and Advije Ismaili 622 S. Betty Lane (Building Code) - Wright Member Cole moved to accept the Affidavits of Compliance for Cases 26-01 and 27-01. The motion was duly seconded and carried unanimously. C. Case 29-01 - Affidavit of Non-Compliance Sonny’s Super Service Stations, Inc. 1310 Cleveland Street (Development Code/Sign) Fox D. Case 15-01 - Affidavit of Non-Compliance Clearwater Moose Lodge #1030 1101 Cleveland Street (Development Code/Landscaping) – Kurleman Member Huffman moved to accept the Affidavits of Non-Compliance and issue the orders imposing the fines for Cases 29-01 and 15-01. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION/DISCUSSION Rules of Procedure Discussion ensued and the following changes were suggested: 1) standarizing words; 2) adding language regarding the Board’s role being only to determine if a violation exists and not to suggest possible remedies; and 3) adding language stating the Board may limit presentations at their discretion. Board Attorney Salzman recommended language limiting presentations be added to the opening statement and rather than adding to the rules, the Board adopt as policy not to suggest corrective actions for the violators. B. December Meeting Discussion ensued regarding the December meeting. Consensus was to cancel the meeting unless cases arise that must be addressed. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS Agnes Bach COD2001-04355 1430 North Highland Avenue $ 250.00 Highland Terrace Manor, Blk H. Lot 8 Susan Bell COD2001-03858 1128 Carlton Street $ 200.00 Greenwood Park, Blk B, Lots 29-30 E. Bradford COD2001-04592 111 South Belcher Road $ 250.00 Sec 18-29-16, Metes & Bounds 23/03 Norton and Bessie Clearwater Sr. COD2001-03530 2301 South Corona Avenue $ 283.00 Skycrest Unit 5, Blk D, Lot 9 Stuart Eiseman COD2001-04614 1531 Ridgewood Street $ 250.00 Glenwood, Lot 118 Carol Fildes COD2001-05002 102 South Evergreen Avenue $ 200.00 Tagarelli Sub, Blk 2, Lot 1 Angela Glidden COD2001-04116 1128 Palm Bluff Street $ 250.00 Greenwood Park #2, Blk F, Lot 7 Robert Hall COD2001-04290 1844 Overbrook Avenue $ 281.00 Sunset Point 1st Addition, Blk D, Lot 8 Oliver Harrison COD2001-05271 1344 South Washington Avenue $ 250.00 Lakeview Heights, Blk B, Lot 24 John Harvey COD2001-04153 1130 Queen Street $ 284.00 Alfred Ennis Sub, Lots 6 and 7 Trisha M. Jacobs COD2001-04900 718 Fairwood Forest Drive $ 550.00 Fairwood Forest, Lot 102 Elbert Madsen COD2001-05135 412 Pleasant Street $ 250.00 North Shore Park, Blk 7, Lot 18 Albert Morrison COD2001-04859 1503 North Saturn Avenue $ 250.00 Skycrest Greens, Lot 5 Neyrey Financial Group Inc COD2001-05224 905 North Fort Harrison Avenue $ 278.00 Ira E. Nicholson's Addition, Blk 3, Lot 4 Willie Parker COD2001-04404 1129 Grant Street $ 200.00 Greenwood Park, Blk B, Lot 3 Emilia and Guiseppe Planzo COD2001-04480 1768 Druid Road East $ 250.00 Hollingsworth Estates, Lot 21 less E7' ROW Charles Rutledge Tre COD2001-04981 1109 LaSalle Street $ 200.00 Greenwood Park #2, Blk F, Lot 30 Juan Valdez COD2001-04297 2233 Hemerick Place $ 250.00 Palmetto Terrace, Blk C, Lot 9 Member Allbritton moved to moved to accept the nuisance abatement lien filings. The motion was duly seconded and carried unanimously. APPROVAL OF MINUTES - 9/26/01 Member Huffman moved to approve the minutes of the regular meeting of September 26, 2001, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. ADJOURNMENT The meeting adjourned at 3:33 p.m.