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07/23/2003MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER July 23, 2003 Present: Sheila Cole Chair David Allbritton Vice-Chair L. Duke Tieman Board Member Joyce Martin Board Member George Krause Board Member Douglas J. Williams Board Member Jay Keyes Board Member Also Present: Bryan Ruff Assistant City Attorney Andrew Salzman Attorney for the Board Mary K. (Sue) Diana Secretary for the Board Patricia O. Sullivan 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 02-03 – Cont’d from 6/25/03 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 August 27, 2003. B) Case 11-03 – Cont’d from 6/25/03 Ninon Roy 3031 Prestige Drive Development – King Case 11-03 was continued by staff to August 27, 2003 as the property is near compliance. C) Case 23-03 – Cont’d from 6/25/03 Lee’s Tree Service 2991 Ashecroft Court Development – Kurleman Case 23-03 was continued by staff to August 27, 2003 as service had not been obtained. D) Case 24-03 – Cont’d from 6/25/03 Tim J. Schemel 2300 Gulf to Bay Boulevard Development – Kurleman Case 24-03 was continued by staff to August 27, 2003 as service had not been obtained. E) Case 27-03 Xania Inc. (c/o James Lampathakis) 600 Mandalay Avenue Unsafe Building - Wright Board Secretary Sue Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. The Unsafe Report was dated February 24, 2003, and Official Notice of Violation was dated March 6, 2003. In response to questions from Assistant City Attorney Bryan Ruff, Building Construction Inspector Bill Wright said the structure’s bathroom is in poor condition, mold and mildew are evident in the small office from leaks, and black mold on ceiling tiles is caused by a leak in the roof. He initially inspected 600 Mandalay Avenue on February 24, 2003. He said James Lampathakis, representing Xania Inc., last contacted him on April 21, 2003, requesting additional time. Mr. Wright said he last inspected the property on July 9, 2003, and found the structure’s status improved with some repairs made to the plumbing as patches are visible on the floor. According to the tenants, the foul odor in the bathroom has subsided. Mr. Wright reported repairs to the plumbing had been made without a permit. Also no permits have been issued for repair of the roof, which continues to leak. New ceiling tiles need to be installed. In response to questions, Mr. Wright said the structure could be unsanitary and unsafe if mold and mildew is in the walls. He expressed concern the roof could collapse if the support system has deteriorated. Mr. Wright identified photographs he had taken of 600 Mandalay Avenue on July 9, 2003, showing a large hole in the bathroom wall, covered by a rubber cap, which does not meet Code. A one-eighth inch water line running from the toilet to the sink is insufficient in size, not secured, and could break and cause flooding. Patches on the floor are evident where plumbing repairs occurred. A section of mold, never repaired, is evident under the desk in one office. Water spots are visible on the ceiling tile and water could leak from the roof into the nearby recessed light fixture, causing an electrical fire. He indicated the photographs are an accurate representation of current conditions. He recommended 14 days to comply or a $150 per day fine be imposed. Mr. Ruff submitted City Exhibits 1 - 6 for 600 Mandalay. James Lampathakis, representative for Xania Inc., said Johns Plumbing had made the necessary repairs and should have obtained necessary permits. He said the roof no longer leaks as it had been patched several weeks ago. He said all ceiling tiles have been replaced. Mr. Wright said as of July 9, 2003, the roof continued to leak and the wall needs to be sealed to stop leaks into the office. Discussion ensued regarding Code requirements for repairs and inspections and related time frames. Member Keyes moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 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 Inspector William Wright for City and James Lampathakis for Respondent, and viewing the evidence, City Exhibits 1-6 (Exs. 1 & 2 – notice of unsafe building dated 3/6/03 and return receipt; Ex. 3 – applicable code sections; Ex. 4 – property appraiser printout; Ex. 5 – affidavit of violation and request for hearing; and Ex. 6 – composite photographs of conditions), it is evident the property is in violation of the City code. The Respondent has failed to comply with the unsafe reported dated 2/24/03. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of the Unsafe Building Abatement Code, Chapter 2 Unsafe Building, subsections 1-10 as adopted by Article III, Section 47.051(1)(e) of the Code of the City of Clearwater, Florida. ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation within 14 days (August 6, 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 August 6, 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 August 6, 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. F) Case 28-03 Jennifer V. Carpenter 915.5 Turner Street Unsafe Building - Wright Board Secretary Sue Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. The Unsafe Report was dated February 15, 2000, and Official Notice of Violation was dated February 15, 2000. Other dates of notification are March 1, March 10, March 21, April 11, May 5, 2000, June 15, 2001, March 1, 2002, and April 15, 2003. Gilbert Jannelli, representative for Jennifer Carpenter, admitted to the violation as stated for 915.5 Turner Street. Mr. Wright reported Mr. Jannelli just had submitted a permit to raze the structure. He said the structure has remained in an unsafe condition for more than three years. He recommended 10 days to comply or a $250 per day fine be imposed. Mr. Jannelli said the permit is valid for 30 days and requested 30 days to complete the demolition. He said plans had been to rehabilitate the property with three rental units but the zoning had changed after his daughter had purchased it. He said special equipment, necessary for the demolition to save a tree on site, will not be available until at least August 4, 2003. Mr. Wright expressed concern the building could collapse during a storm on the house that is only 12 feet behind it. He recommended against a longer time period as the structure has no windows or doors and the back half of the building does not touch the ground. Discussion ensued regarding time frames. Member Williams moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on July 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 Inspector William Wright and Gilbert Janelli representing Respondent who admitted to the violation, it is evident the property is in violation of the City code. The Respondent has failed to comply with the unsafe notice dated February 15, 2000. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of the Unsafe Building Abatement Code, Chapter 2 Unsafe Building, Subsections 1-10 as adopted by Article III, 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 within 17 days (August 9, 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 August 9, 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 August 9, 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 29-03 John W. Withers 805 Bruce Avenue Development – Phillips Case 29-03 was continued by staff to August 27, 2003 as service had not been obtained. H) Case 30-03 Thomas Vasilaros 938 Narcissus Avenue Development – Phillips Case 30-03 was continued by staff to August 27, 2003 as service had not been obtained. J) Case 31-03 Nicholas Vasilaros 306 Leeward Island Development – Phillips Case 31-03 was continued by staff to August 27, 2003 as service had not been obtained. 2. UNFINISHED BUSINESS A) Case 17-03 Affidavit of Non-Compliance Hicks Wilcher 1640 Palm Drive Development – Ruud B) Case 19-03 – Affidavit of Non-Compliance Sean Morrissey & Nancy Koppel 1777 Apache Trail Development – Ruud Member Tieman moved to accept the Affidavits of Non-Compliance and issue the Orders imposing the fines for Case 17-03 and Case 19-03. The motion was duly seconded and carried unanimously. C) Case 21-03 – Affidavit of Compliance Johnie Blunt & Bobby Cowart 607 Engman Street Occupational License - Shawen D) Case 22-03 – Affidavit of Compliance William Donovan 602, 602-1/2, 604, 606 Engman Street & 605, 607 Ermine Street Development – Shawen Member Tieman moved to accept the Affidavits of Compliance for Case 21-03 and Case 22-03. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A) Request to address Board re fine reduction at next meeting Charles and Schenique Harris Case 45-96 Charles Howard 1140 Palm Bluff Street Building - Coccia Charles and Schenique Harris had written to the board regarding their proposed purchase of 1112 Palm Bluff Street. They requested to address the board regarding reducing the lien amount on the property. Member Tieman moved to schedule the request by Mr. and Ms. Harris for August 27, 2003. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS Mr. Salzman referenced Notices of Hearings mailed to property owners regarding violations, stating they currently do not reference the requirement that owners contact the City for an inspection following required repairs. Consensus was to include this information in the Notices of Hearings along with the proper inspector’s name and telephone number. 5. NUISANCE ABATEMENT LIEN FILINGS: Lydia Beckham PNU2003-00800 1203 North Osceola Avenue Palm Bluff, W120.14’ MOL of Lot 21 $200 Raymond Berrian Est PNU2003-00688 1007 Lee Street Plaza Park, Blk H, N45’ of Lot 4 $320 James and Docha Kipp PNU2003-00676 2832 St. John Drive Virginia Grove Terrace 5th Add, Blk B, Lot 4 $320 Robert and Suzanne Gray PNU2003-00743 1212 North Myrtle Avenue Palm Park, Blk A, Lot 1 less road $320 Robert and Suzanne Gray PNU2003-00743 1210 North Myrtle Avenue Palm Park, Blk A, Lot 2 less road $320 Thomas and Elizabeth Floyd PNU2003-01917 1471 Fairmont Street Jones’ Sub of Nicholson’s, Blk 4, Lot 7 and $200 1/2 vacant alley on South (Chevrolet) Thomas and Elizabeth Floyd PNU2003-01918 1471 Fairmont Street Jones’ Sub of Nicholson’s, Blk 4, Lot 7 and $200 1/2 vacant alley on South (Plymouth) Catherine Wade Est % James Wade PNU2003-00438 908 LaSalle Street Palm Park, Blk C, Lot 12 less rd on South $200 Beatrice Demps Est % Lela Walden PNU2003-00700 809 Palm Bluff Street Palm Park unbd Blk, E100’ of Lot 16 $320 Pearl Patrick Est % Homer Patrick PR PNU2003-00725 1146 Engman Street Greenwood Park #2, Blk D, Lot 56 $320 Member Albritton moved to accept the presented nuisance abatement lien filings. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES – May 28, 2003 and June 25, 2003 It was requested the Chair and Vice-Chair be correctly reflected on the minutes of the regular meetings of May 28, and June 25, 2003. Member Albritton moved to approve the minutes of the regular meeting of May 28, and June 25, 2003, as amended. The motion was duly seconded and carried unanimously. 6. ADJOURNMENT The meeting adjourned at 3:41 p.m.