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04/23/2003MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER April 23, 2003 Present: L. Duke Tieman Chair Sheila Cole Vice-Chair Jay Keyes Board Member David Allbritton Board Member Joyce Martin Board Member George Krause Board Member Douglas J. Williams Board Member Also Present: Bryan Ruff Assistant City Attorney Andrew Salzman Attorney for the Board Mary K. Diana Secretary for the Board Brenda Moses 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. ITEM #1 - Public Hearings A. Case 31-02-Cont’d from 9/25/02 Richard D Sr. & Deborah D. Lyttle 2936 Clubhouse Drive W Development Code – King Case #31-02 was withdrawn by staff as the property is now in compliance. 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 meeting of May 28, 2003. 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 meeting of May 28, 2003. D. Case 09-03 – Cont’d from 3/26/03 Joseph P. Daley, Jr. 2658 Saint Andrews Drive Development – King Case #09-03 was continued by staff to the meeting of May 28, 2003. E. Case 11-03 – Cont’d from 3/26/03 Ninon Roy 3031 Prestige Drive Development – King Case #11-03 was continued by staff to the meeting of May 28, 2003. F. Case 12-03 Gilbert G. Jannelli 38 N. Ft. Harrison Avenue Unsafe Building – Wright Case #12-03 was withdrawn by staff as the property is now in compliance. G. Case 13-03 Provident Bank, Inc. 1304 N. Madison Avenue Housing – 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 the property was initially inspected on March 4, 2002. Mr. Wright said the owner had been turned down for housing assistance and his bank foreclosed on the property. A notice of the housing violations was issued to the original owner, then to the bank on February 3, 2003 and March 4, 2003. The Notice of Violation and Request for Hearing was issued on March 19, 2003. Mr. Ruff submitted City Exhibits 1-6, which included photographs of the property at 1304 N. Madison Avenue. In response to a question, Mr. Wright said the photographs taken of the property show that the roof of the garage had termite damage and was falling down; the crawl space under the house was not secured and the flooring was deteriorating; the floor joists were damaged and in need of replacement; trash and debris could be seen under the house; the kitchen had no range or sink; the hot water tank had an illegal connection; and the windows were broken and unsecured. Mr. Wright recommended the owner be given 30 days to obtain permits and begin work and an additional 90 days to complete repairs. No one was present to represent the owner. In response to a question, Mr. Wright said he considered this property a health and safety problem. He felt 30 days was reasonable for obtaining permits. Member Allbritton moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on April 23, 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 Code Inspector William Wright for City, (Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 – letter to Provident Bank dated 3/3/03, EX. 2 – return certified mail receipt, Ex. 3 – applicable code sections, Ex. 4 – property appraiser printout, Ex. 5 – affidavit of violation & request for hearing, and Ex. 6 – composite photographs], it is evident the property is in violation of the City code. The Respondent has failed to comply with the housing report dated March 11, 2002. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 302.1, 302.4, 302.5, 302.6, 302.9, 303.4, 305.1, 305.3, 305.5, 305.6, 305.7, 305.11.2, 305.12, 305.13, 305.14, 305.15, 305.16, 305.17, 305.20, 305.23, and 307.5 of the Standard Housing Code 1991 as adopted by Section 49.01 of the 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 comply within a maximum of 120 days as follows: obtain a permit by May 23, 2003 or pay a fine in the amount of $150.00 per day until a permit is obtained and complete the job by August 21, 2003, or pay an additional fine of $150 per day per day for each day the violation exists beyond the compliance date. 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 the ordered compliance dates, the Respondent may be ordered to pay a fine in the amounts indicated above for each day the violation continues beyond the ordered compliance dates. 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. ITEM # 1 - UNFINISHED BUSINESS A. Case 04-03 Affidavit of Compliance Besim & Frezije Balla 1266 Turner Street Unsafe Building – Wright Member Tieman moved to accept the Affidavit of Compliance for Case #04-03. The motion was duly seconded and carried unanimously. B. Case 05-03 Affidavit of Non-Compliance George L. Sr. & Dolly A. Fulmer 526 S. Ft. Harrison Avenue Development Code – DeBord AND C. Case No. 06-03 Affidavit of Non-Compliance George L. Fulmer, Jr. 532 S. Ft. Harrison Avenue Development Code – DeBord Member Tieman moved to accept the Affidavits of Non-Compliance and issue the orders imposing the fines for Cases #05-03 and #06-03. The motion was duly seconded and carried unanimously. ITEM #2 - OTHER BOARD ACTION/DISCUSSION A. Request for Reduction of Fine Case No. 18-98 Matthew J. Mule Anna M. & Bernard A. Hawk 700 S. Highland Avenue (Building) Chianella Matthew Mule said he is interested in purchasing and rehabilitating this property. The original owners, the Hawks, filed bankruptcy and subsequently vacated the home. Since that time, large fines have accrued because of several code violations. Mr. Mule said the value of the house is less than the fines. There are two mortgages on the property. He estimated costs for repairs at $30,000 - $45,000. Mr. Mule stated that he had Power of Attorney and authorization from the current owners to negotiate any settlement agreement. Mr. Mule requested that the liens be conditionally waived, contingent upon an agreement that he would repair the property and bring it back to the condition it was in prior to the violations. In response to a question, Mr. Mule said he is trying to purchase the property and plans to bring the delinquent taxes current. He has a settlement with the first mortgage company and expects a reply from the second mortgage company regarding his purchase offer. He said he has been involved with this property for approximately eight months. He has done considerable research in order to track down the owners and begin a line of communication with all parties. He also is addressing some of the smaller liens on the property. In response to a question, Mr. Wright said the fines began accruing in 1998. In response to questions from Mr. Ruff, Inspector Coccia said he has limited knowledge of the case, as another inspector handled it originally. He said the original notice of violation was issued in May 1998 at which time the property was cited for enclosing a garage, adding sliding glass doors and performing other improvements on the interior of the house without permits. He said he believed a bathroom facility also had been added in a bedroom. Photographs of the property were taken on February 2003. The property remains in violation. Attorney for the Board Andrew Salzman said the total fine is $242,100 as of February 25, 2003, and it continues to accrue. Mr. Wright said the building was declared unsafe due to its abandoned condition in January 1999. He said as of February 2003, total staff charges to maintain security at the property are $2,797.52. Mr. Salzman said additional administrative fees total $500. In response to a question, Mr. Wright said the City secured the building when the owner could not be located. Mr. Salzman said the City has never been able to recover high fines such as in this case. He said if Mr. Mule or another party does not purchase the property, the City could demolish it. In response to a question, Mr. Salzman said the liens would be subordinate to property taxes and mortgage settlements. In response to a question, Mr. Wright said Mr. Mule contacted the City regarding this matter. Mr. Salzman said Mr. Mule has no obligation to pay these fines, as he is not the owner of record, however he does have the power of attorney and the ability to negotiate. In response to a question, Mr. Mule said he is not related to the property owner. In response to a question, Mr. Wright said the City has not verified Mr. Mule’s claim that he has power of attorney to act in this matter. Mr. Salzman said verification of Mr. Mule’s power of attorney does not prevent him from requesting a reduction of fines as an interested party wishing to purchase the property. The City could reinstate the original fines should Mr. Mule’s intent to purchase fail. Discussion ensued regarding the necessary time period for Mr. Mule to complete negotiations with the mortgage companies, pay all liens, obtain permits, and make repairs to the property. Member Tieman moved to reduce the fine to $3,500, subject to Mr. Mule purchasing the property within 45 days and completing repair work within 120 days after purchase of the property. Mr. Salzman suggested the motion be amended to include that the $3,500 must be paid prior to any permits being issued by the City. Member Tieman agreed to the amendment. The motion was duly seconded. In response to a question, Mr. Salzman reiterated that if Mr. Mule does not pay the fines and purchase the property, the current owners would be responsible for the original fines. Upon the vote being taken, the motion carried unanimously. B. Request to Address Board re Fine Reduction at a Future Meeting Case #22-01 & #23-01 John S. Lynn 1109 Tangerine Street (Rosa & Wilson) AND Case #24-01 & #25-01 Jeralne C. Burt & Errol J. Kidd 1113 Tangerine Street (Rosa & Wilson) Ms. Diana said she received a letter from Isay Gulley representing CNHS (Clearwater Neighborhood Housing Services) regarding the above four cases. CNHS is requesting to address the Board regarding a reduction of the fines as they are interested in purchasing these properties. Member Tieman moved to approve the request to address the Board regarding the four cases listed above at the May 28, 2003 meeting. The motion was duly seconded and carried unanimously. ITEM #3 - NEW BUSINESS In response to a question, Mr. Salzman explained the difference between an Affidavit of Compliance and an Affidavit of Non-Compliance and how the fines accrue. In response to a request from the Board, Mr. Salzman said he would review the suggested language used by the Board when making motions. ITEM # 5 - NUISANCE ABATEMENT LIEN FILINGS: Massoud and Malouse Dabiri PNU2002-00531 117 N. McMullen Booth Road Crystal Heights, Lots 1 and 2 $ 326.25 Patricia K. Crance PNU2003-00169 2058 Brendla Road Windsor Park 3rd Addition, Lot 129 $ 200.00 F Y P Enterprises, Inc. PNU2003-00283 24 South Fredrica Drive Brookwood Terrace Rev, Blk 4, Lots 8-9 & S1/2 of Lot 7 and part of vac alley $ 200.00 F Y P Enterprises, Inc. PNU2003-00284 24 South Fredrica Drive Brookwood Terrace Rev, Blk 4, Lots 8-9 & S1/2 of Lot 7 and part of vac Park St $ 200.00 Member Tieman moved to accept the nuisance abatement lien filings, as submitted. The motion was duly seconded and carried unanimously. Chair Cole thanked the City for recognizing all the City volunteers at this year’s annual Advisory Board Recognition Dinner. She also congratulated Member Williams for being chosen as Mr. Countryside. ITEM #6 - APPROVAL OF MINUTES – February 26, 2003 Member Cole stated that as there were no corrections or additions to the regular minutes of February 26, 2003, they stand approved as presented and submitted to each Board member. ITEM #7 _ ADJOURNMENT The meeting adjourned at 4:05 p.m.