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02/26/2003MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER February 26, 2003 Present: Sheila Cole Vice-Chair David Allbritton Board Member Joyce Martin Board Member- arrived 3:15 p.m. Jay Keyes Board Member George Krause Board Member Douglas J. Williams Board Member Absent: L. Duke Tieman Chair Also Present: Bryan D. Ruff Assistant City Attorney Andrew Salzman Attorney for the Board Mary K. (Sue) Diana Secretary for the Board Brenda Moses Board Reporter The Vice-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 31-02-Contd from 9/25/02 Richard D. Sr. & Deborah D. Lyttle 2936 Clubhouse Drive W. Development Code – King Case #31-02 was continued by staff to the March 26, 2003 meeting. B. Case 41-02 – Cont’d. from 11/13/02 Spence Designs, Inc. (Something Fishy) 913 N. Ft. Harrison Avenue Development – Ruud Case #41-02 was continued by staff to the March 26, 2003 meeting. C. Case 02-03 Parkside Clearwater Associates – Property Owner Clear Channel Outdoor, Inc. – Billboard Owner 24639 US Highway 19 N Development – Fox Case #02-03 was continued by staff to the March 26, 2003 meeting. D. Case No. 03-03 Glen Ellen Mobil Home Park 2882 Gulf to Bay Boulevard Unsafe Building – Wright Case #03-03 was withdrawn by staff, as the owner has complied with the Unsafe Building Notice. E. Case No. 04-03 Besim & Frezije Balla 1266 Turner Street Unsafe Building – Wright Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. In response to questions from Assistant City Attorney Bryan Ruff, Building Inspector Bill Wright said this property was first cited on April 14, 1997. There have been no repairs to date. The property has changed ownership since the original citation. Complaints were received regarding homeless people in the building. The original inspection on April 14, 1997, revealed that the roof, ceiling, and air conditioning units were falling down, and there were electrical violations. Mr. Wright issued a notice of unsafe building at that time and again in 1998. On September 4, 2002, Mr. Wright’s notice to the 401 South Ft. Harrison Avenue address was returned undeliverable. Property ownership was verified through the County Property Appraiser. Mr. Wright said he has had no contact with the owners until today. He said the unsafe notice had been removed from the building. As of 10:00 a.m. today, after inspecting the property again, it was in worse condition than previously noted. Homeless people still are living on the property. An Affidavit of Violation and Request for Hearing was issued on June 15, 2003. Mr. Ruff submitted City Exhibits 1-8, which included photographs of the property at 1266 Turner Street. In response to a question, Mr. Wright said he felt it would take the owner six months to come in to compliance if he began work immediately and worked diligently on the repairs. He recommended the owners be given 30 days to produce drawings, obtain all permits, and start work on the repairs. He felt as the building has been unsafe since 1997, a $250/day fine would be reasonable for each day the violations continue to exist after the noncompliance date. Rafman Balla, representing his parents, said only one notice regarding the property was received. He wanted to find tenants prior to remodeling the property. He said he has two buyers interested in the property. A closing date has been scheduled for three weeks from today. The new owners plan to remodel the building after purchase. Mr. Balla said should the sale fall through within the next 30 days, he would pull a permit for demolition of the building. In response to a question, Mr. Wright said Mr. Balla must meet the City’s specifications with respect to boarding up the building, including the windows and doors. Mr. Balla said he understood he must comply with City Code. Member Martin moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on February 26, 2003, 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 William Wright for City and Rafman Balla for Respondent, and viewing the evidence, City Exhibits 1) notice of unsafe building dated 9/4/02; 2) affidavit of posting; 3) applicable code sections; 4) stop work order; 5) property appraiser printout; 6) letter to Balla from Wright dated 12/30/02; 7) notice of hearing; and 8) composite photographs of conditions, it is evident the property is in violation of the City code. The Respondent has failed to comply with the Notice of Unsafe Building and report dated September 4, 2002. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of the Standard Unsafe Building Abatement Code, Chapter 2, Sections 1-10 as adopted by Section 47.051(1)(e) 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 securing the building according to city code within one week (March 5, 2003) or $250.00 per day; selling or rehabilitating the property or obtain necessary permits to demolish the building within 30 days (March 28, 2003) or $250.00 per day. Any rehab work done on the property shall be completed within 6 months (August 27, 2003) or $250.00 per day. 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 March 5, 2003, March 28, 2003 and August 27, 2003, the Respondent may be ordered to pay a fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day for each day the violation continues beyond the ordered compliance dates as indicated above. 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 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. The motion was duly seconded and carried unanimously. F. Case No. 05-03 George L. & Dolly A. Fulmer, Sr. 526 S. Ft. Harrison Avenue Development Code – Debord Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. The owner was not present and had no representation. In response to questions from Mr. Ruff, City Code Enforcement Inspector Rick Debord said the original date of inspection was October 17, 2002, at which time peeling paint, mold, and mildew on the building were found. He issued a courtesy letter at that time stating the City had received a complaint regarding the building. He requested the owner call him, but received no response. On November 18, 2002, via certified mail, he issued a Notice of Violation with a compliance date of December 18, 2002. On January 29, 2003, the owner started painting the building. Mr. Debord also noticed an illegal wall sign on the building and issued a notice of violation. Mr. Debord said the owner stated he would speak to the Municipal Code Enforcement Board regarding the building. The owner has painted two sides of the building, however the front of the building still has peeling paint on the doors and the awning is sagging. Mr. Ruff submitted City Exhibits 1-7, which included photographs of the property at 526 S. Ft. Harrison Avenue. In response to a question, Mr. Debord said the owner should be able to comply within 30 days. He recommended a fine of $150/day for each day the violation exists after the noncompliance date. Member Allbritton moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on February 26, 2003, and based on the evidenced issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Inspector Rick DeBord for City, (Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1) notice of violation; 2) certified mail return receipt for notice of violation; 3) applicable code sections; 4) property appraiser printout; 5) letter to Mr. Fulmer from Rick DeBord; 6) affidavit of violation and request for hearing; and 7) composite photographs of conditions, it is evident the property is in violation of the City code. The exterior surface of the building has not been maintained. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of the Section 3-1502.B 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 within 30 days (March 28, 2003). 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 March 28, 2003, 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 March 28, 2003. 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 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. The motion was duly seconded and carried unanimously. G. Case No. 06-03 George L. Fulmer, Jr. 532 S. Ft. Harrison Avenue Development Code – DeBord Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. The owner was not present and had no representation. In response to questions from Mr. Ruff, Mr. Debord said the original date of inspection was January 14, 2003, at which time peeling paint, mold and mildew and general aesthetics problems were found. He issued a Notice of Violation on January 14, 2003, via certified mail. He had requested the owner call him, but received no response. He spoke to the owner on site at a later date and explained the Code with respect to the violations. The owner stated he welcomed the opportunity to come before the Municipal Code Enforcement Board regarding the violations. The owner has since painted the south side of one wall of the building and a portion of the north side of the building. The front of the building still needs painting. Roof tiles need to be painted and front doors need to be to scraped and painted. A Notice of Violation & Request for Hearing was issued on January 29, 2003. Mr. Ruff submitted City Exhibits 1-7, which included photographs of the property at 532 S. Ft. Harrison Avenue. In response to a question, Mr. Debord said the building is still being used for business purposes. He recommended the owner be given 30 days to comply or a fine of $200/day be imposed for each day the violation continues to exist after noncompliance. He felt the fine was reasonable, as this owner has made no efforts to come into compliance. Member Williams moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on February 26, 2003, and based on the evidenced issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Inspector Rick DeBord for City, (Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1) notice of violation; 2) return receipt for certified mail; 3) applicable code sections; 4) property appraiser printout; 5) affidavit of violation and request for hearing; 6) notice of hearing; and 7) composite photographs of conditions, it is evident the property is in violation of the City code. The exterior of the building has not been maintained. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of the Section 3-1502.B 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 within 30 days (March 28, 2003). 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 March 28, 2003, the Respondent may be ordered to pay a fine in the amount of two hundred and no/100 dollars ($200.00) per day for each day the violation continues beyond March 28, 2003. 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 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. The motion was duly seconded and carried unanimously. H. Case No. 07-03 Michael A. Hoffman 905 ½ Jones Street Development Code – Ruud Case #07-03 was continued by staff to the March 26, 2003 meeting. I. Case No. 08-03 Jorge E. Parraand & Gladys Varela 422 Turner Street Development Code – DeBord Case #08-02 was withdrawn by staff, as this property is now in compliance. UNFINISHED BUSINESS A. Case 32-00 Affidavit of Compliance Ace Liquors, Inc./Infinity Outdoors, Inc. 1751 Gulf to Bay Boulevard Development - Fox AND B. Case 38-02 Affidavit of Compliance Lane E. Schoeck 2346 Shade Tree Lane Building – Coccia AND C. Case 39-02 Affidavit of Compliance Louis J. & Angeline Chaconas 6 S. Myrtle Avenue Building - Coccia AND D. Case 40-02 Affidavit of Compliance David W. & Angela M. Heid 1839 Seton Drive Development – Kurleman AND E. Case 42-02 Affidavit of Compliance Landmark Palms Homeowners’ Association Landmark Palms Subdivision Building – Wright AND F. Case 44-02 Affidavit of Compliance North Bay Community Church 3170 McMullen-Booth Road Building – Wright AND G. Case 45-02 Affidavit of Compliance Isa Q. Dauti 2813 Edenwood Street Building – Wright AND H. Case 43-02 Affidavit of Compliance Harbor Oaks Development L.C. 1801 S. Keene Road Building – Wright Member Allbritton moved to accept the Affidavits of Compliance for Cases #32-00, #38-02, #39-02, #40-02, #42-02, #44-02, #45-02, and #43-02. The motion was duly seconded and carried unanimously. OTHER BOARD ACTION/DISCUSSION Requests for Authorization for Foreclosure Ms. Diana said the only case in compliance under the following list of items is Case #44-01, involving American Infoage. She said other cases have substantial fines associated with them. 1. Case 49-97 Daniel J. Mehler 305 Pennsylvania Avenue (Housing) Hinson AND 2. Case 14-98 David J. Getchell 303 Pennsylvania Avenue (Building) Chianella David Grice, current property owner, said the previous owners repaired the properties at 305 Pennsylvania and 303 Pennsylvania Avenue without inspections and/or permits. He said he has owned these properties for two years. He said he has had problems clearing the property titles. Mr. Grice said he now understands that fines are accruing regarding violations at both sites. He wants to repair the properties but is waiting for funds from the sale of other properties. He said as the neighborhood is in transition, he was not in a hurry to do the repairs. He requested the board not authorize foreclosure on these properties. He said the properties are no longer in a bad state. He requested 30 days to clear up problems at the two sites, which currently are vacant. Attorney for the Board Andy Salzman said the board could decide not to authorize foreclosure on these properties, and allow the fines to continue to accrue until the repairs are completed. He said the owner should contact the City inspectors regarding compliance issues. Development Services Manager Bob Hall said staff is requesting the board consider authorizing the foreclosures, as it would take at least 90 days to foreclose on the properties. Member Martin moved to authorize foreclosure of Cases #49-97, #14-98, and that Mr. Grice appear before the Board regarding the reduction of fine within 90 days (May 28, 2003). The motion was duly seconded and carried unanimously. 3. Case 18-98 Anna M. & Bernard A. Hawk 700 S. Highland Avenue (Building) Chianella Ms. Diana said Mr. Mathew Mule sent a letter stating he was interested in procuring the property at 700 S. Highland Avenue. He said the Hawks had filed bankruptcy in 1998. Mr. Mule plans to bring the property into compliance. He also requested an opportunity to address the board at a future meeting and present his proposal for the property. Mr. Wright said this building has been on the unsafe list since 1999 with fees owed to the City of approximately $3,000, which are continuing to accrue. The building has been abandoned and work was done without permits or inspections. Ms. Diana said staff would provide the board with the total costs associated with this case and the amounts of the fine should the board decide to grant Mr. Mule a hearing. Direction was given to postpone authorization for foreclosure and to grant Mr. Mule’s request to address the Board at the March meeting. 4. Case 33-99 Melvin Spinoza 1632 Drew Street (Building) Chianella 5. Case 44-01 American Infoage 505 Virginia Lane (Development) Kurleman Member Martin moved to authorize foreclosure for Cases #33-99 and #44-01. The motion was duly seconded and carried unanimously. B. Election of Officers Member Allbritton nominated Member Cole for Chair. The motion was duly seconded and carried unanimously. Member Cole nominated Member Allbritton as Vice-Chair. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS - None 5. NUISANCE ABATEMENT LIEN FILINGS: Bernard and Anna Hawk PNU2002-01438 700 S. Highland Avenue Breeze Hill, Blk D, Lot 1 less rd on S $ 320.00 Gwendolyn A. Taplin PNU2002-01140 703 Nicholson Street Ira E. Nicholson's Addition, Blk 1, Lot 13 $ 320.00 Ophelia Blunt PNU2002-00661 1008 Blanche B. Littlejohn Trail J. J. Eldridge, Blk D, Lot 41 $ 320.00 Mary Colehouse PNU2002-01489 1381 S. Martin L. King Avenue Lakeview Heights, Blk F, Lot 9 $ 320.00 Clinton A. Bragg PNU2002-01382 1336 Tioga Avenue Lakeview Heights, Blk A, Lot 22 $ 320.00 Mary A. Heye PNU2002-01304 1103 Howard Street Carolina Terrace Annex, Lots 77 thru 80 $ 610.00 Barry and Eugena Taylor PNU2002-01402 2801 Edenwood Street Woodvalley Unit 1, Blk 6, Lot 7 $ 320.00 Roberta A. Wharton PNU2002-01265 1720 Sherwood Street Highland Pines 5th Addition, Blk 33, Lot 7 $ 320.00 Edward W. and Marie E. Fitch III PNU2002-01441 2226 Claiborne Drive Morningside Estates Unit 1, Lot 114 $ 320.00 Joseph A. and Chandra R. Zola PNU2002-01294 1819 West Drive Suban's Sub, Lot 18 less N2' $ 320.00 Member Williams moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. APPROVAL OF MINUTES – November 13, 2002 Member Keyes moved to approve the minutes of the regular meeting of November 13, 2002, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 4:11 p.m.