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01/23/2002MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER January 23, 2002 Present: Lawrence Tieman Vice-Chair David Allbritton Member Joyce Martin Member Kevin Teismann Member Sheila Cole Member Vacant Seat Member Absent: Franke Huffman 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 Vice-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 Vice-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 30-01 Abdelmaged Ahmed 1502 Garden Avenue N. (Occupational License) – Shawen Per Section 7-102(c) of the Community Development Code, as the property was corrected prior to the July 25, 2001 meeting, the case was automatically continued t this meeting. As no recurrence of the violation has occurred, this case was withdrawn. B. Case 31-01 Nathan L. Woody 800 S. Greenwood Avenue (Occupational License) – Shawen Per Section 7-102(c) of the Community Development Code, as the property was corrected prior to the July 25, 2001 meeting, the case was automatically continued to this meeting. As no recurrence of the violation has occurred, this case was withdrawn. C. Case 42-01 (Contd. from 11/28/01) Richard A. Hoffman and Maxine I. Nordmann 1919 Kings Highway (Building Code) Coccia This case was continued from the November meeting due to an incorrect address on the original notice of violation. A new notice of violation was issued and the property was brought into compliance before a hearing was requested under the new citation. As a result, this case was withdrawn. D. Case 45-01 (Contd. from 11/28/01) Irene L. McClimans 1209 Edenville Avenue (Building Code) Coccia Assistant City Attorney Leslie Dougall-Sides said the City had presented its case and exhibits at their meeting on November 28, 2001. The case was continued to today’s meeting to give the property owner time to resolve some issues. Ms. McClimans was to work with her engineer regarding an above ground pool that was installed in-ground without permits. Concern had been expressed regarding the sides of the pool collapsing. Ms. Dougall-Sides noted no representative for the property owner was present at today’s hearing. In response to a question, City Inspector Mike Coccia said Ms. McClimans, the property owner, hired an engineer and submitted engineering drawings. A permit was issued for the pool on January 18, 2002. A final inspection is still required. Board Attorney Salzman said the Board could either find the property in violation and issue a compliance date or continue the matter to the next meeting. Inspector Coccia felt Ms. McClimans would be able to have the work finished within 30 days. Member Cole moved to continue Case 45-01 to the February 27, 2002, meeting to give the property owner another opportunity to have the required inspections and resolve the issue. The motion was duly seconded and carried unanimously. E. Case 01-02 Estate of Gerald Hecker, Property Owner 805 S. Ft. Harrison Avenue (Occupational License) Shawen F. Case 02-02 Café Carl’s Inc./David Walker, R.A., Business Owner 805 S. Ft. Harrison Avenue (Development Code) Shawen The business and property owners for the above property were cited for operating a restaurant without an occupational license in an area not zoned for such use. The business has since closed and the property is for sale. Staff has withdrawn these cases. G. Case 03-02 RLM Healthcare Marketing & Consulting, Inc. 1468 Belleair Road (Development Code) Doherty This property is now in compliance. Per Section 7-102(c) of the Community Development Code, this case is automatically continued for six months. If there is no recurrence of the violation, the case will be withdrawn at that time. H. Case 04-02 Clearwater K M, c/o Burr Wolff 26990 U.S. Highway 19 N (Development Code) King This property is now in compliance. Per Section 7-102(c) of the Community Development Code, this case is automatically continued for six months. If there is no recurrence of the violation, the case will be withdrawn at that time. 2. UNFINISHED BUSINESS A. Cases 07-98 & 30-98 (Contd. from 11/28/01) Fine Reduction Requests Maria Smith-Pernell for Mary W. Smith 1111 Blanche B. Littlejohn Trail (Housing & Building Codes) Wright City Inspector Bill Wright said he inspected the property today. The work on the building has been completed but the fuel tank is still underground. Ms. Smith-Pernell started construction of the parking spaces but a stop work order was issued today due to not having approval. Ms. Smith-Pernell applied for a permit today for the parking spaces. Mr. Wright said fines for both cases total over $60,000. In response to a question, Secretary for the Board Sue Diana said administrative costs are approximately$1,200. Mr. Wright said costs to the Building Department total more than $1,500. Maria Smith-Pernell, representing Mary W. Smith, said removal of the underground tank has been a problem because most approved Brownfields contractors do not want small jobs. She said removal of the tank is going to cost considerably more than originally thought. She felt she has been diligently completing necessary work on the property. She stated she thought other permits she had obtained covered work to be done for the driveway. In response to a question, Ms. Smith-Pernell explained what she understood of the process required for tank removal in a Brownfields area. She said the removal involves several phases of environmental work. She must pay the costs up front and get reimbursed after the work is complete. She said a former tenant had performed work on the property illegally and without her permission, and some of those items also are being addressed. It was requested that staff keep the Board updated on the progress of these two cases. It was felt once all the work is done, the request to reduce the fines can be considered. Member Allbritton moved to postpone the hearing on the reduction in fine for Cases 07-98 and 30-98 until all work is completed and that a monthly update be provided to the Board. The motion was duly seconded and carried unanimously. B. Case 41-01 – Affidavit of Non-Compliance Loni J. Shutler 2731 Poppyseed Court (Building Code) Coccia Member Cole moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 41-01. The motion was duly seconded and carried unanimously. Case 29-99 – Affidavit of Compliance Vincent & Mary S. Centore 3216 Pine Haven Drive (Development Code) Phillips D. Case 36-99 - Affidavit of Compliance Rodney A. & Amy Suratt 2031 Charter Oaks Drive (Building Code) Chianella/Scott/Coccia E. Case 22-01 – Affidavit of Compliance John S. Lynn c/o Jeralne C. Burt 1109 Tangerine Street (Housing Code) Rosa F. Case 24-01 – Affidavit of Compliance Jeralne C. Burt & Errol J. Kidd 1113 Tangerine Street (Housing Code) Rosa G. Case 29-01 – Affidavit of Compliance Sonny’s Super Service Stations, Inc. 1310 Cleveland Street (Development Code) Fox H. Case 38-01 – Affidavit of Compliance Crisscross Center Co. 2729 S R 580 (Development Code) Kurleman I. Case 40-01 - Affidavit of Compliance Complete Automotive Repair 203 S. Myrtle Avenue (Development Code) Kurleman Member Cole moved to accept the Affidavits of Compliance for Cases 29-99, 36-99, 22-01, 24-01, 29-01, 38-01, and 40-01. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Request to address Board at future meeting re fine reduction Case 02-01 Juan & Mark J. Costa 612 S. Duncan Avenue (Building Code) Coccia Board Attorney Andy Salzman said the Board must decide if they wish to hear the request for reduction of fine for Case 02-01. The fine totals $12,150. Ms. Diana said administration costs have not been determined. In response to a question, Inspector Mike Coccia said a room addition was added to the property without permits and inspections. The owner is attributing some of the flooding problems to the retention pond behind his property, which does not relate to the Building Code issue. Ms. Dougall-Sides said the City has received complaints from several other property owners in this area regarding flood damage. It was remarked that the Board is not hearing the case today, but is to determine if it wishes to allow the property owner to address the Board regarding reduction of the fine. In response to a question, Mr. Salzman said there were 253 days between the time of the first hearing to the compliance date. Inspector Coccia said he estimated the original date of the violation was June or July of 2000. It was remarked that if the Board grants the request for a hearing to address reduction of fines, it does not mean the Board would automatically reduce the fine. Member Cole moved that the Board hear the request for reduction of fine. The motion was duly seconded. Upon the vote being taken, Members Tieman, Cole, Martin, and Teismann voted “aye”; Member Allbritton voted “nay”; Member Huffman was absent. Motion carried. NEW BUSINESS Election of Chair and Vice-Chair Discussion ensued regarding election of the Chair and Vice-Chair. Member Cole moved to elect Member Tieman as Chair. The motion was duly seconded and carried unanimously. Member Martin moved to elect Member Cole as Vice-Chair. The motion was duly seconded and carried unanimously. NUISANCE ABATEMENT LIEN FILINGS Vision Development Enterprises Corp COD2001-05616 1890 Wolford Road #3 $ 250.00 Pine Crest Sub, Blk 7, Lot 10 Robert E. and Ruth V. Smith COD2001-05767 25401 Highway 74 $ 250.00 Parris, CA 92570 Bruce and Nobue Bauer COD2001-05776 1000 North Ft. Harrison Ave, #1 $ 250.00 Clearwater, FL 33755 Edward and Marie Finch III COD2001-05723 2226 Claiborne Drive $ 200.00 Clearwater, FL 33764 Suzi W. Plank COD2001-05401 2021 Seton Drive $ 625.00 Clearwater, FL 33763-4148 Terry and Linda Brayman COD2001-06039 1518 Scranton Avenue $ 250.00 Clearwater, FL 33756 Mary Colehouse COD2001-06219 1381 South Greenwood Avenue $ 250.00 Clearwater, FL 33756 Member Martin moved to accept the nuisance abatement lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - 11/28/01 Member Teismann requested that paragraph 6, sentence 1 of the minutes of the regular meeting of November 28, 2001, read ”It was remarked Ms. Climans felt she had gone through the proper steps and that Mr. Pool should resolve the matter.“ Member Cole moved to approve the minutes of the regular meeting of November 28, 2001, as amended. The motion was duly seconded and carried unanimously. Development Services Coordinator introduced the City’s new inspector, Alan Ruud. 7. ADJOURNMENT The meeting adjourned at 3:50 p.m.