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07/25/2001MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER July 25, 2001 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair David Allbritton Member Sheila Cole Member Franke Huffman Acting Chair/Member Joyce Martin Member Peter Caffentzis Member 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: 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 42-00 (Cont. from 6/27/01) William, Michael & Associates, Inc. (Philip J. Matonte, RA) 307 Leeward Island (Building) - Chaplinsky It was requested although the City is dismissing this case, staff attend the August meeting to present their findings as to how compliance was determined. B. Case 26-01 (Cont. from 6/27/01) Irfan & Advije Ismaili 620 S. Betty Lane (Building) - Wright AND C. Case 27-01 (Cont. from 6/27/01) Irfan & Advije Ismaili 622 S. Betty Lane (Building) – Wright Staff is requesting the above cases be continued to the next meeting. The contractor was unable to complete the work due to the number of rain days this past month. Member Tieman moved to continue Cases 26-01 and 27-01 to the August 22, 2001, meeting. The motion was duly seconded and carried unanimously. D. Case 30-01 Abdelmaged Ahmed 1502 Garden Ave. N. (Occupational License) - Shawen AND E. Case 31-01 Nathan L. Woody 800 S. Greenwood Ave. (Occupational License) – Shawen These properties are now in compliance. Per Section 7-102(c) of the Community Development Code, if the violation is not repeated within the next 6 months, the cases will be withdrawn. Member Tieman moved to continue Cases 30-01 and 31-01 to the January 23, 2002, meeting. The motion was duly seconded and carried unanimously. F. Case 32-01 - Appeal of Lot Clearing Notice of Violation Gulf Point Ltd. / Robert Jackson 1936 Springtime Avenue (Public nuisance) – Wilson Inspector Charles Wilson withdrew this case as the property is now in compliance. 2. UNFINISHED BUSINESS A. Case 23-01 - Affidavit of Non-Compliance John S. Lynn c/o Jeralne C. Burt 1109 Tangerine Street (Landscape / dumping / outdoor storage) – Wilson B. Case 25-01 - Affidavit of Non-Compliance Jeralne C. Burt and Errol J. Kidd 1113 Tangerine Street (Grass or ground cover/fences & walls/outdoor storage) - Wilson Member Tieman moved to accept the Affidavits of Non-Compliance and issue the orders imposing the fines for Cases 23-01 and 25-01. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Case 07-98 & 30-98 - Address Board re fine reduction Maria Smith-Pernell for Mary W. Smith 1111 Blanche B. Littlejohn Trail Maria Smith-Pernell, representing Mary W. Smith, said she is handling her mother’s affairs and plans to have a family member reside at 1111 Blanche B. Littlejohn Trail once the property is refurbished. She said a former tenant had performed unauthorized work on the house without permits or inspections. He falsely represented himself as the owner of the property to a City official. Upon being evicted, the tenant destroyed the house, which resulted in additional violations. In response to a question, Ms. Pernell said Otis Kelley was her mother’s realtor. He had arranged for some repairs to the house. She said the former tenant had enclosed the garage without her mother’s knowledge while her mother was having surgery. Ms. Pernell said she had instructed the tenant to stop all repairs but he continued the work. She said last year a contractor was hired to bring the property into compliance, but that work was not completed. She has since obtained a building permit and provided the City with architectural drawings of plumbing, mechanical, and electrical work to be done. In response to a question, Board Secretary Diana said the two fines total $59,425. Assistant City Attorney Leslie Dougall-Sides said there is an unsafe structure case currently pending for this property. Building Inspector Bill Wright said the building has been unsafe since 1992, at which time it was cited. It was brought up to Code in July 1992. In September 1996 and again in 1997, the housing violation was imposed for windows and doors. In September 1997, the violations involved electrical wiring, roof leaks, and boarded windows. In June 1998, a citation was issued for work being performed without permits and inspections. In 1998, the building was brought up to code just enough to stop the fines from running. The housing and building conditions grew worse. On May 18, 2000, the property was cited as unsafe due to the condition of the windows and doors, open electrical panels, and other violations. Ms. Pernell filed for a hearing with the Building and Flood Board for an extension of time to perform repairs. On July 11, 2001, the Building and Flood Board granted Ms. Pernell 60 days (September 10, 2001) to bring the entire structure up to Code. The Building Department requests that none of the fines be reduced until the structure is brought up to code. In response to a question, Inspector Wright said all the permits have been obtained. He said the Building and Flood Board gets involved with unsafe structures. In response to a question, Inspector Wright said according to property tax records, the building is valued at approximately $20,700; the land is valued at $8,300, for a total of $29,000. Fredd Hinson, Neighborhood Services and former City Inspector, said he was involved with these cases at the time the tenant, Leroy Thomas, lived in the structure. Mr. Thomas had indicated to Mrs. Smith that he would take care of the building. As Mr. Kelley came close to getting the structure into compliance, Mr. Thomas would continue to close off rooms and make unauthorized repairs without Mrs. Smith’s knowledge. Mr. Hinson agreed that the fines should not be reduced until the building is brought up to Code. He suggested the Board consider reducing the fines to administrative costs. In response to a question, Mr. Wright said he estimates $15,000 - $20,000 in permits has been pulled for this property. In response to a question, Ms. Pernell said she has no plans to sell the property. She is trying to bring the building into compliance for use by a family member. She is asking for a reduction in fines to get her mother’s affairs in order. She said Mr. Thomas has been evicted. She wants to keep the property in the family since her grandfather originally owned it. She does not intend to rent the property. She is working to complete needed repairs within 60 days. The contractor has begun the work and is replacing windows. One person complained regarding the condition of the property, drug activities in the neighborhood and an underground diesel tank on the subject property. In response to a question, he felt the house should be demolished. Member Tieman moved to continue Cases 07-98 and 30-98 to the September 26, 2001, meeting. The motion was duly seconded. Discussion ensued regarding whether the Board should give Ms. Pernell some indication as to whether they would consider reducing the fines. It was remarked that the property is worth less than $30,000, and Mrs. Smith’s fines total almost $60,000. It was felt a good faith effort should be shown before any consideration is given to reduce the fines. It was noted the administration costs are approximately $1,200. Mr. Wright said the City is helping Mrs. Smith with removal of the fuel tank by applying for Brownfields' grants. The motion was duly seconded. Upon the vote being taken, Members Tieman, Allbritton, Cole, Martin, and Caffentzis, and Chair Kerwin voted “aye”; Member Huffman voted “nay”. Motion carried. Case 19-95 – Address Board re fine reduction at future meeting Larry Bunting - 804 & 804½ Pennsylvania Avenue Requested by Clearwater Neighborhood Housing Services (CHNS) (new owner) Member Tieman moved to approve the request by CNHS to address the Board regarding the fine for Case 19-95 at a future meeting. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS – None. 6. APPROVAL OF MINUTES - 5/23/01 & 6/27/01 Member Tieman moved to approve the minutes of the regular meetings of May 23, 2001, and June 27, 2001, as submitted in written summation to each Board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:41 p.m.