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05/28/2003MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER May 28, 2003 Present: Sheila Cole Chair David Allbritton Vice-Chair L. Duke Tieman Board Member Joyce Martin Board Member Jay Keyes Board Member Douglas J. Williams Board Member Absent: George Krause Board Member 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 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. Development Services Manager Bob Hall introduced the new Neighborhood Services Manager, Janice Smith. She invited everyone to a City-sponsored conference being held on June 14, 2003 at the North Greenwood Recreation & Aquatic Complex. 1. Public Hearings Case 41-02 – Contd from 4/23/03 Spence Designs, Inc. (Something Fishy) 913 N. Ft. Harrison Avenue Development – Ruud Case 41-02 was continued by staff to the June 25, 2003, meeting. Case 02-03 – Contd from 4/23/03 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 June 25, 2003, meeting. Case 09-03 – Contd from 4/23/03 Joseph P. Daley, Jr. 2658 Saint Andrews Drive Development – King Case 09-03 was withdrawn by staff, as the property is now in compliance. Case 11-03 – Contd from 4/23/03 Ninon Roy 3031 Prestige Drive Development – King Case 11-03 was continued by staff to the June 25, 2003, meeting. Case 14-03 Stephen G. Beneke 1301-1305 N. Myrtle Avenue Development – Wright Board Secretary Diana read the Affidavit of Violation & Request for Hearing. In response to a question, property owner Stephen Beneke stated he did not agree with all the violations. In response to questions from Attorney Bryan Ruff, Inspector Bill Wright said the initial inspection of the property was on September 12, 2002. During the inspection, he found subsidence on the east and north walls and rear of the structure. Mr. Wright said as the rear portion of the building is only 15 feet from the Pinellas Trail, the situation creates a health and safety issue. There is a large crack and the stucco is falling from the building. Mr. Wright said the only action taken by the property owner was a soil analysis provided to the City on January 23, 2003. No permits have been applied for or issued. When contracted, Mr. Beneke indicated he still was getting bids from contractors. Mr. Ruff submitted City Exhibits 1-7, which included photographs of the property. Mr. Wright recommended the property owner obtain all permits within 14 days and complete the work within 30 days or a $250 a day fine for each day the violation continues to exist. Mr. Beneke gave a brief chronological history of his attempts to come into compliance. He said a masonry contractor, also an engineer, inspected the building and said the building was safe and not in peril of collapsing. He had a soil analysis test done to determine the stability of the structure. The report indicates there is bad fill in two areas of the property. It was suggested placing pin piles in areas where the property is sinking and jacking the building up to level, filling the voids with concrete, and reconstructing some of the masonry with steel. Mr. Beneke noted the difficulties he has had in finding someone to do the work. He said he received the plans this morning. Mr. Beneke said he did not know if 30-60 days would be adequate to obtain the permits and complete the repairs. Mr. Beneke said the engineer who has agreed to perform the work has indicated the building is safe and the flaking of the stucco does not affect the building’s stability. He said the masonry work cannot be done until repairs have been made to the structure. In response to a question, Mr. Beneke said he thought his engineer would be willing to write a letter to the City stating the building is safe. Mr. Wright said the City might accept the engineer’s opinion regarding the status of the building, however, due to its proximity to the Pinellas Trail, some of the loose stucco could become a safety hazard if not addressed immediately. In response to a question, Mr. Beneke said he has circulated four bids for repair work but has not received responses. He said he did not know how long it would take to make the repairs. In response to a question, Inspector Wright said if the property owner has sealed engineering plans, he should be able to obtain a permit within one day after an inspection of the property. Mr. Wright suggested that the area near the Pinellas Trail be secured while the repair work is being done. Member Allbritton moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 28, 2003, and based on the evidence issues its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of William Wright, Inspector for the City and Stephen Beneke, Respondent, and viewing the evidence, City Exhibits 1) Notice of Unsafe Building; 2) copy of delivery confirmation for certified mail; 3) copy of applicable code; 4) Property Appraiser printout; 5) Affidavit of Violation and Request for Hearing; 6) Notice of Hearing; and 7) composite photographs of building, it is evident the property is in violation of the City code. There are large cracks in the north and east walls, a large gap under the footer, and the soffit & fascia are deteriorated in several sections. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of the Unsafe Building and Abatement Code, Chapter 2 Section Unsafe Building Subsections 1 thru 10 as adopted by Section 47.051 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 a total of 60 days (August 4, 2003). The permit is to be obtained within 30 days (July 5, 2003) and the work completed within the remaining 30 days. 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 August 4, 2003 and July 5, 2003, the Respondent may be ordered to pay a fine in the amount of two hundred fifty dollars ($250.00) per day for each day the violation continues beyond 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. Case 15-03 Mildred H Center Trust James H. Center TRE 100 S. Betty Lane Development – DeBord Case 15-03 was continued by staff to the June 25, 2003, meeting. Case 16-03 Mildred H Center Trust James H. Center TRE 1275 Park Street Development – DeBord Case 16-03 was continued by staff to the June 25, 2003, meeting. Case No. 17-03 Hicks Wilcher 606 Seminole Street Development – Ruud Ms. Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail and by posting the property. In response to a question, property owner Hicks Wilcher admitted to the violation. Inspector Alan Ruud recommended Mr. Wilcher come into compliance within 10 days or the City impose a $200/day fine. In response to a question, Mr. Wilcher said he needed a few weeks to come into compliance, as he had an accident and is without transportation. In response to a question, Mr. Ruud there are no safety issues regarding this property. Member Tieman moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 28, 2003, and based on the evidence issues its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of City Inspector Alan Ruud and Hicks Wilcher, respondent, who admitted to the violation, and viewing the evidence, City Exhibits 1) Notice of Violation; 2) copy of certified mail receipt and delivery confirmation for certified mail; 3) applicable code sections; 4) copy of Property Appraiser legal description of the property in violation; 5) Affidavit of Violation & Request for Hearing; 6) Notice of Hearing; and 7) composite of photographs of the property in violation, it is evident the property is in violation of the City code. Major service and repair of vehicles are occurring outdoors. Code requires all vehicle service and repairs to be done in an enclosed building. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 1.104.B, 3-1403.B.1. and 3-1502.F.1 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 (July 5, 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 July 5, 2003, the Respondent may be ordered to pay a fine in the amount of two hundred dollars ($200.00) per day for each day the violation continues beyond July 5, 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. Case 18-03 R & R Comfort Suites 1941 Edgewater Drive Development – Ruud Ms. Diana read the Affidavit of Violation & Request for Hearing. She said service on the notice of hearing was obtained by certified mail. No one was present to represent R & R Comfort Suites. In response to a question, Mr. Ruud said after the property owner received the Certificate of Occupancy for the motel, he installed door jams and doors in some of the rooms to create ten additional units. Upon inspection and notification to the owner, Mr. Ruud said the owner has removed the doors but left the door jams in tact. As of today, the owner is in compliance. Staff is asking for a finding of violation so if the violation reoccurs, the City can recite the property owner as a repeat violation. In response to a question, Mr. Ruud recommended that if a repeat violation occurs, the board impose a fine of $250/day for each day the violation continues to exist. Member Tieman moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 28, 2003, and based on the evidence issues its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Alan Ruud, inspector for the City of Clearwater, Respondent was not present and had no representation, and viewing the evidence, City Exhibits 1) Notice of Violation; 2) Affidavit of Service; 3) applicable code sections; 4) Property Appraiser printout; 5) Affidavit of Violation & Request for Hearing, 6) Notice of Hearing; and 7) photograph of room numbers removed, it is evident the owner is exceeding the total number of rooms allowed by the Development Order, that this condition was corrected. It is further evident that the condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent was in violation of Section 1.104.B of the Code of the City of Clearwater, Florida, as referred to in the affidavit read into the record in this case. ORDER It is the Order of the Board that the Respondent shall continue compliance with said section(s) of the Code of the City of Clearwater. If the respondent repeats the violation, the Board may order them to pay a fine of two hundred fifty dollars ($250.00) per day for each day the violation exists after the Respondent is notified of the repeat violation. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing and 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. 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. Case 19-03 Sean Morrissey & Nancy Koppel 1777 Apache Trail Development – Al Ruud No one was present to represent the owners. Ms. Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by posting it on the property. In response to questions from Attorney Ruff, Mr. Ruud said due to a complaint, an inspection was done on March 7, 2002. He found violations regarding ripped screens, rotting soffit and fascia, deteriorating roof, and mildew all over the house. Mr. Ruud said he has had no contact with the property owners. Mr. Ruff introduced City Exhibits 1-7, including photographs of the property. In response to a question, Mr. Ruud recommended compliance within 30 days or a $100/day fine be imposed for each day the violation continues to exist. In response to a question, Mr. Ruud said he was unsure if the property was occupied. He said the notice of violation and request for hearing is still hanging on the front door. He did not know if the utilities were still on. Member Martin moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on May 28, 2003, and based on the evidence issues its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Alan Ruud, inspector for the City of Clearwater, Respondent was not present and had no representation, and viewing the evidence, City Exhibits 1) Notice of Violation; 2) Affidavit of Posting; 3) copies applicable code sections; 4) Property Appraiser printout; 5) Affidavit of Violation & Request for Hearing, 6) Notice of Hearing, and 7) composite of photographs of the property, it is evident the property is in violation of the City code. The carport is deteriorating, exterior surfaces mildewed, screens ripped, and soffit and fascia rotten in spots. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 3-1502.B and 3-1502.D 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 (July 5, 2003). The burden shall rest upon the Respondent to request a re-inspection 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 July 5, 2003, the Respondent may be ordered to pay a fine in the amount of one hundred fifty dollars ($150.00) per day for each day the violation continues beyond July 5, 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. Case 20-03 Shane Barry 404 Engman Street Public Nuisance Appeal - Ruud Property owner Shane Barry said he did not agree with some of the alleged violations. In response to a question, he said he is storing building materials such as pavers, siding, and a hot tub on his property. It was remarked to Mr. Barry those materials are not permitted to be stored on the property. Mr. Barry submitted photographs of his property showing he had cut the grass and cleaned up some of the debris. He said his truck is for sale. He said he did not know if his permit for construction had expired. Mr. Wright said Mr. Barry’s permit was obtained in 1998 when the building was cited as unsafe. The required work was never completed. Mr. Barry was granted extensions for both the interior and exterior work. When the permits expired, they were never renewed. Mr. Barry claims he is the owner, however, has not lived on the property since 1999. There have been no inspections on work done on the interior. Mr. Barry said he has inspection reports on work done on the interior. In response to a question, he said those inspections were done towards the middle of last year. Mr. Barry said he completed a lot of the work, however, he has been under some financial distress. He said he never lived in the house, as he wanted to make improvements first. It was remarked Mr. Barry has had five years to make repairs to this property. Member Tieman moved to deny Shane Barry’s public nuisance appeal for property at 404 Engman Street. The motion was duly seconded and carried unanimously. Mr. Hall noted Mr. Barry has recently installed a fence and it was suggested the City determine if that fence was properly permitted. UNFINISHED BUSINESS Board Attorney Andy Salzman said he is reviewing the language for the Board’s Orders. OTHER BOARD ACTION/DISCUSSION Requests to address Board re fine reduction: Isay Gulley (Clearwater Neighborhood Housing Services) Cases 22-01 & 23-01 John S. Lynn 1109 Tangerine Street (Building & Development Code) Rosa & Wilson) AND Cases 24-01 & 25-01 Jeralne C. Burt & Errol J. Kidd 1113 Tangerine Street (Building & Development Code) Rosa & Wilson Isay Gulley, CNHS (Clearwater Neighborhood Housing Services), said CNHS is in the process of negotiating a purchase contract. The properties are vacant and are in the corridor where the City and CNHS wants to revitalize and bring overall enhancement to the community. She requested the Board reduce the fines on these properties so that CNHS can move forward with the purchase. Discussion ensued and it was determined the total administrative costs for both properties are approximately $1,907.61. Director of Development Services Jeff Kronschnabl said the City also incurred demolition costs on 1109 Tangerine Street, but those costs are not part of this reduction request. In response to a question, Ms. Gulley said CNHS is not making any concessions with the property owner. She said unless the fines are reduced, the properties are not affordable. Member Tieman moved to reduce the total fines to $2,500 on the subject properties, subject to CNHS’ purchase of the properties, and groundbreaking within six months of purchase. The motion was duly seconded and carried unanimously. Case 49-97 Daniel J. Mehler/Grice 305 Pennsylvania Avenue (Housing) Hinson AND Case 14-98 David J. Getchell/Grice 303 Pennsylvania Avenue (Building) Chianella Ms. Diana said previously these properties came before the board for authorization for foreclosure. The property owner was given 90 days to come into compliance and appear at today’s meeting to provide a status report. Property owner David Grice said the fines against these two properties total nearly $1 million. He said he landscaped and painted the properties and had one roof replaced. In response to a question, Mr. Grice said he has owned these properties for three years. Ms. Diana said Mr. Grice requested the board postpone foreclosure of the properties so that he could bring them into compliance. Mr. Grice said he needed an additional 60 days to replace the roof on one of the houses and complete the repairs. He said he has secured a home equity loan on his personal residence to do the repairs. He stated that he took care of most of the other items on the violation list. Ms. Diana said a copy of an email from City Inspector Mike Coccia states that as of May 21, 2003, the properties have not been brought into compliance. He further stated in the e-mail that he has had no further contact with Mr. Grice. Mr. Grice agreed there has been no further contact with the City. Mr. Wright said that Mr. Coccia also stated there had been no permits issued for work on the properties. Mr. Grice said Lambert Roofing pulled permits to do the roofs. He said the central heat and air conditioning is being done by Tack & Warren and Geiger Pest Control is tenting the buildings. In response to a question, Mr. Grice said he did not have the permits today. He requested 30 days to have the work done. Member Tieman moved that regarding Cases 49-97 and 14-98 that foreclosure be extended subject to the owner, David Grice, providing proof within 30 days that he has acquired permits to comply with the list of violations and that all required work be completed within 60 days before any reduction of fine would be considered. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS: Jeralne C. Burt and Erroll J. Kidd PNU2002-01690 1148-1/2 La Salle Street Greenwood Park #2, Blk D, Lot 57 $ 200.00 Vicki Brant PNU2003-00296 1415 North Osceola Avenue J. T. Sharp’s Sub, Lot 7 $ 200.00 Walter and Virginia A. Tate PNU2002-01204 608 Marshall Street Norwood Sub, Blk A, Lot 4 less S10’ for St. $ 200.00 Member Tieman moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES – April 23, 2003 Member Keyes moved to approve the minutes of the regular meeting of April 23, 2003, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 4:42 p.m.