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08/27/2003MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER August 27, 2003 Present: Sheila Cole Chair David Allbritton Vice-Chair George Krause Board Member Douglas J. Williams Board Member Absent: L. Duke Tieman Board Member Joyce Martin 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 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. PUBLIC HEARINGS Case 02-03 – Cont’d from 7/23/03 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 meeting of September 24, 2003. Case 11-03 – Cont’d from 7/23/03 Ninon Roy 3031 Prestige Drive Development – King Case 11-03 was withdrawn by staff, as the property is now in compliance. C. Case 23-03 – Cont’d from 7/23/03 Lee’s Tree Service 2991 Ashecroft Court Development – Kurleman ` Case 23-03 was withdrawn by staff due to insufficient documentation. D. Case 24-03 – Cont’d from 7/23/03 Tim J. Schemel 2300 Gulf-to-Bay Boulevard Development – Kurleman Board Secretary Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by securing a copy to Mr. Schemel’s front door at 1043 Harvest Moon Drive in Seffner, Florida. No one was present to represent Mr. Schemel, the tree contractor. In response to questions from Assistant City Attorney Bryan Ruff, City Inspector Scott Kurleman said the initial date of inspection was February 21, 2003 at which time it was determined that one 20-inch live oak tree, two crepe myrtle trees, and various shrubs had been removed. Mr. Ruff submitted City Exhibits 1- 5, including photographs of the property at 2300 Gulf-to-Bay Boulevard. In response to questions, Mr. Kurleman said the photographs are an accurate representation of current conditions. He recommended a fine of $2,112 be imposed, payable within 30 days. He said the fine is based upon a formula used by the ISA (International Society of Agriculture). Mr. Kurleman said Tim Schemel is the contractor that was hired by the business owner to remove the trees. In response to a question, Mr. Kurleman indicated it is the business owner’s responsibility to replace the trees; however, this will not remedy the tree contractor’s responsibility. Concern was expressed that Mr. Schemel was acting as the agent hired by the business owner to remove the trees and should not assume all responsibility. Mr. Kurleman said Mr. Schemel performed the work without permits and without a current occupational license. In response to a question, Mr. Kurleman said the trees could not be replaced due to their size and current configuration of the property. The business owner has indicated he is only going to replace the two crepe myrtle trees. Development Services Manager Bob Hall, said by citing both the contractor and the business owner, the City wishes to prevent unlicensed contractors from performing work without permits. He believed that both parties were responsible for the violations and both were cited. Mr. Hall said the business owner has agreed to work with the City regarding the violation but there has been no cooperation from the tree contractor. Questions were raised as to whether both the business owner and the contractor were equally responsible, whether there was an option to replace the trees and, if a fine is imposed, whose property would the lien go against. The meeting recessed from 3:22 to 3:25 p.m. Mr. Ruff recommended the case be continued to the next meeting in order to address some of the questions raised. Member Williams moved to continue Case 24-03 for 2300 Gulf-to-Bay Boulevard to the meeting of September 24, 2003. The motion was duly seconded and carried unanimously. Case 29-03 – Cont’d from 7/23/03 John W. Withers 805 Bruce Avenue Development – Phillips Case 29-03 was withdrawn by staff, as the property is now in compliance. Case 30-03 – Cont’d from 7/23/03 Thomas Vasilaros 938 Narcissus Avenue Development – Phillips Ms. Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. No one was present to represent the property owner. In response to questions from Mr. Ruff, City Inspector Julie Philips said the initial date of inspection was April 9, 2003, at which time she observed the house was in need of painting. There were holes in the structure on the side of the garage, peeling paint, mold, and the yard was unkempt. She said the owner lives in California and has taken no steps to correct the violations. Mr. Ruff submitted City Exhibits 1- 6, including photographs of the property. In response to questions, Ms. Phillips indicated the photographs are an accurate representation of current conditions. She recommended compliance within 30 days or a $100/day fine for each day the violations continue to exist. She said the owner has had four months to make improvements and has done nothing to date. Member Allbritton moved that the Municipal Code Enforcement Board has heard testimony at its regularly meeting held on August 27, 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 Julie Phillips for City, (Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 – notice of violation; Ex. 2 – affidavit of posting; Ex. 3 – applicable code sections; Ex. 4 – property appraiser printout; Ex. 5 – affidavit of violation and request for hearing; and Ex. – 6 – photographs of conditions), it is evident the property is in violation of the City code. The exterior of the house is in bad condition. Paint is peeling and mold is evident. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of 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 by October 4, 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 October 4, 2003, the Respondent may be ordered to pay a fine in the amount of one hundred and no/100 dollars ($100.00) per day for each day the violation continues beyond October 4, 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 31-03 – Cont’d from 7/23/03 Nicholas Vasilaros 306 Leeward Island Development – Phillips Ms. Diana read the Affidavit of Violation & Request for Hearing. Service on the notice of hearing was obtained by certified mail. No one was present to represent the property owner. In response to questions from Mr. Ruff, Ms. Phillips said the initial date of inspection was June 18, 2003. She said very little has been done to date. Upon inspection, Ms. Philips found no structural problems, however there was peeling paint in various locations of the home including the fascia and trim work, and the yard was overgrown. The house has been pressure-sprayed, painted on the front and one side. Additionally, a fence has been constructed without a permit. Mr. Ruff submitted City Exhibits 1-6, including photographs of the property. In response to questions, Ms. Phillips indicated the photographs are an accurate representation of current conditions. She recommended compliance within 30 days or a $100/day fine be imposed. Member Williams moved that the owner comply within 30 days or a fine of $100/day be imposed for each day the violation continues to exist. The motion was duly seconded. It was suggested the timeframe be changed to 15 days. Member Williams amended his motion and the seconder agreed. The motion carried unanimously. Member Williams moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on August 27, 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 Julie Phillips for City, (Respondent was not present and had no representation), and viewing the evidence, City Exhibits 1-6 (Ex. 1 – notice of violation; Ex. 2 – affidavit of posting; Ex. 3 – applicable code sections; Ex. 4 – property appraiser printout; Ex. 5 – affidavit of violation and request for hearing; and Ex. – 6 – photographs of conditions), it is evident the property is in violation of the City code. The exterior of the house is in bad condition. Paint is peeling and mold is evident. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of 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 by September 20, 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 September 20, 2003, the Respondent may be ordered to pay a fine in the amount of one hundred and no/100 dollars ($100.00) per day for each day the violation continues beyond September 20, 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. 2. UNFINISHED BUSINESS A. Case 49-97 Affidavit of Compliance Daniel J. Mehler/David A. Grice 305 Pennsylvania Avenue Building – Coccia AND B. Case 14-98 Affidavit of Compliance David J. Getchell/David A. Grice 303 Pennsylvania Avenue Building – Coccia AND C. Case 14-03 Affidavit of Compliance Stephen G. Beneke 1301-1305 N. Myrtle Avenue Building - Wright AND D. Case 17-03 Affidavit of Compliance Hicks Wilcher 606 Seminole Street Development – Ruud AND E. Case 27-03 Affidavit of Compliance Xania, Inc. c/o James Lampathakis 600 Mandalay Avenue Building – Wright Member Allbritton moved to accept the Affidavits of Compliance for Cases 49-97, 14-98, 14-03, 17-03 and 27-03. The motion was duly seconded and carried unanimously. F. Case 28-03 Affidavit of Non-Compliance Jennifer Carpenter 915.5 Turner Street Building – Wright Member Allbritton moved to accept the Affidavit of Non-Compliance and issue the order imposing the fine for Case 28-03. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Request to address board at next meeting re fine reduction Case 49-97 David A. Grice/Mehler 305 Pennsylvania Avenue Building – Coccia AND Case 14-98 David A. Grice/Getchel 303 Pennsylvania Avenue Building - Coccia Ms. Diana said previously, the board authorized foreclosure on the above properties. Property owner David Grice had asked the board not to proceed with the foreclosure as he was working to bring the properties into compliance. As the properties are now in compliance, he wishes to address the board regarding the fines at the next meeting. Consensus was to allow Mr. Grice to address the board regarding the fines. B. Request for reduction of fine Case 19-02 Chuck Broadhurst 1112 Palm Bluff Street Building – Coccia Ms. Diana said at their last meeting, the Board approved Mr. Harris’ request to address the Board regarding the above referenced property. The property is still in a noncompliant state. Mr. Harris is proposing to bring it into compliance. The fine has been running since 2002 and is currently at $33,500. Mr. Charles Harris said he lives next door to the property and ever since he moved into the neighborhood, this property has been an eyesore. He said he has a contract to purchase the property and wants to demolish the structure and has obtained an estimate of $2,500 for demolition. City Inspector Mike Coccia said the previous owner has abandoned the property. He referred to photographs taken on December 5, 2001. Mr. Coccia said the owner had attempted to repair structural elements without engineering drawings and permits. The photographs indicated interior disrepair. The house has been boarded up and there is a pending unsafe building code violation against the owner. In response to a question, City Building Construction Inspector Bill Wright said the City could demolish the structure at a cost of approximately $2,000. The City could then place a lien on the property. Mr. Harris is proposing to have the structure demolished once he owns the property. In response to a question, Ms. Diana reviewed the City’s administrative costs, which total $3,575.43. Member Allbritton moved to reduce the fine from $33,500 to $3,600, contingent upon Mr. Harris’ purchase of the property. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS The Chair noted an upcoming vacancy on the Board and suggested anyone interested in filling the vacancy to contact Official Records & Legislative Services for an application. 5. NUISANCE ABATEMENT LIEN FILINGS: Jason Munn PNU2003-00920 1391 S. Martin Luther King Jr Ave. Lakeview Heights, Blk F, Lots 11-12 $ 320.00 Jason Munn PNU2003-00211 1205 Pennsylvania Avenue Palm Park, Blk D, Lot 16 $ 320.00 Steven and Susan Fabos PNU2003-01194 904 Lotus Path Magnolia Heights, Blk 2, Lots 11 thru 14 $ 320.00 Mary A. Heye PNU2003-01181 1103 Howard Street Carolina Terrace Annex, Lots 77 thru 80 $320.00 Michael B. Edelstein PNU2003-00987 2364 Shade Tree Lane Shady Oak Farms, Blk A, Lot 12 $ 320.00 Mitchell Hershman and Rosemarie Oddo PNU2003-00948 208 South Pegasus Avenue Sky Crest Unit 5, Blk A, Lot 10 $ 320.00 Gene Roebuck and Curtis Tumpkin PNU2003-00718 1153 LaSalle Street Greenwood Park #2, Blk F, Lot 8 $ 320.00 Marilyn Golden PNU2003-00911 1119 Tangerine Street Greenwood Park #2, Blk D, Lot 25 $ 320.00 Debra Simpson PNU2003-00970 1512 Ewing Avenue Belmont 2nd Addition, Blk D, Lots 7-8 $ 320.00 Joan P. Huettner PNU2003-01298 1539 Laura Street Crest Lake Sub, Blk H, Lots 5-6 $ 200.00 Jenny Pogorzala PNU2003-00989 1634 Grove Street Keystone Manor, Blk a, Lot 12 $320.00 Robert Robichaux PNU2003-00777 1317 Fairwood Avenue Woodvalley Unit 1, Blk 9, Lot 1 $ 320.00 John Kapelouzos PNU2003-00878 209 South Corona Avenue Sky Crest Unit 5, Blk D, Lot 11 $ 320.00 Geraldine Smith PNU2003-00779 2374 Hawthorne Drive Woodgate of Countryside Unit 3, Lot 107 $ 320.00 Sherri L. and Robert W. Strazz PNU2003-00764 1519 Tioga Avenue Tennessee Terrace, Lots 21-22 $ 320.00 Member Allbritton moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. APPROVAL OF MINUTES – July 23, 2003 Member Williams moved to approve the minutes of the regular meeting of July 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 4:00 p.m.