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11/12/2003MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER November 12, 2003 Present: Sheila Cole Chair Joyce Martin Board Member L. Duke Tieman Board Member George Krause Board Member Douglas J. Williams Board Member Richard Avichouser Board Member Absent: Jay Keyes Board Member Also Present: Bryan Ruff Assistant City Attorney Andrew Salzman Attorney for the Board Mark 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. 1 - PUBLIC HEARINGS A. Case 02-03 – Cont’d from 4/23/03 Parkside Clearwater Associates – Property Owner Clear Channel Outdoor, Inc. – Billboard Owner 24639 US Highway 19 N Development – Fox Staff reported this case has been withdrawn. B. Case 41-02 – Cont’d from 6/25/03 Spence Designs, Inc. (Something Fishy) 913 N. Ft. Harrison Avenue Development – Ruud Staff continued this case to the January 28, 2004 meeting. C. Case No. 24-03 – Cont’d from 9/23/03 Tim J. Schemel 2300 Gulf-to-Bay Boulevard Development – Kurleman Attorney for the Board Andrew Salzman reported testimony and exhibits related to this case had been presented to the board on September 24, 2003. Land Resource Specialist Scott Kurleman first inspected the property on February 21, 2003 and issued a notice of violation on that date. Mr. Tim J. Schemel was charged with removing, without permit, crepe myrtles and a 20-inch live oak, a protected tree. Assistant City Attorney Bryan Ruff presented photographs taken by Mr. Kurleman of the property and submitted City Exhibits 1-5. Mr. Kurleman recommended imposing a $2,000 fine, payable within 30 days, based on the size of the tree removed. In response to a question, he said both violation property owner and unlicensed tree trimmer were cited. The property owner has submitted a landscape plan to replace lost inches of trees to the best extent possible. Tim Schemel was not present and had no representation. Member Tieman moved that the Municipal Code Enforcement Board has heard testimony at its regular meetings held on August 27, 2003 and November 12, 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 Scott Kurleman for City, Respondent was not present and had no representation at either meeting, and viewing the evidence, Exhibits 1-5 [Ex. 1 – notice of violation; Ex. 2 – applicable code sections; Ex. 3 – property appraiser printout; Ex. 4 – affidavit of violation & request for hearing; and Ex. 5 – composite photographs], it is evident the property is in violation of the City code in that a 20-inch live oak, an 8-inch live oak, two 8-inch crepe myrtles and required landscape were removed without a permit. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 4-1201 of the Community Development Code of the City of Clearwater, Florida, in that the Respondent has removed the above listed trees and landscaping without a permit. ORDER It is the Order of the Board that the Respondent is to pay a fine in the amount of two thousand and no/100 dollars within 30 days (December 12, 2003). If Respondent does not pay the fine by December 12, 2003, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida. 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. D. Case No. 35-03 - Cont’d from 9/23/03 Sabrooke Trust–Trustee Sandelman/Phillip Evans 20228 U.S. Highway 19 N Nuisance Appeal – Hofferle Board Secretary Sue Diana reported service on the notice of hearing had been obtained. The property owner, Phillip Evans, has filed an appeal regarding the Inoperative Vehicle Notice of Violation related to a trailer, mailed on August 13, 2003 by Code Enforcement Inspector Jana Hofferle. Phillip Evans stated he is leasing the building at 20228 US Highway 19 N from Sabrooke Trust. He reviewed his efforts to obtain a license tag for the subject vehicle. He said he had anticipated his efforts would have been successful by this time but has been delayed by a requirement to publish notification in the newspaper. In response to a question, Mr. Evans said he is at the mercy of the court regarding a date for final determination. Mr. Ruff recommended continuing the case to January 28, 2004, with the onus on Mr. Evans to submit completed paperwork as soon as he obtains it. Member Williams moved to continue Item 1D, Case No. 35-03 to the meeting of January 28, 2004, for a status report. The motion was duly seconded and the motion carried unanimously. E. Case No. 36-03 Gary M. Reynolds 406 Leeward Island Development – Phillips Board Secretary Sue Diana reported service on the notice of hearing was obtained by posting it on the property at least 10 days prior to today. Property owner Gary M. Reynolds was not present and had no representation. In response to questions from Mr. Ruff, Code Enforcement Inspector Julie Phillips reported she first inspected the property on August 29, 2003, following an anonymous complaint. The property’s gravel yard is overgrown, the home has peeling paint, and there is no fencing to prevent access to a swimming pool, which is filled with water so black that the pool’s bottom is not visible. She said the violation is a threat to public health, safety, and welfare. Ms. Phillips issued the Notice of Violation on August 29, 2003. The certified mail notice was not returned. Ms. Phillips reexamined the property today and found no change except for an additional violation. The only contact with the property owner was via a second party who telephoned staff on September 16, 2003, and reported that property owner Gary Reynolds was out of town. The requested extension until October 2003 was denied as nothing had been received from the property owner. Mr. Ruff presented City Exhibit 6, photographs of the property. Ms. Phillips stated she had taken the photographs on November 12, 2003 and they show vegetation taller than 12 inches high in the neglected gravel yard, signs of deterioration on the eaves, rotting wood on the structure’s south side, and paint on the western portion of the house coming off in two-foot strips. Mr. Ruff submitted City exhibits 1-6. Ms. Phillips believed the property could be brought into compliance within 30 days. She recommended 30 days to comply or a $100 per day per violation fine be imposed. In response to a question, Ms. Phillips said the property owner is an out of state builder who uses the property when he is in town. In response to a question, Mr. Salzman said the inspector will work with the homeowner if repairs take longer than 30 days. Concern was expressed leaving the pool accessible for 30 days is too long. Member Williams moved to impose a fine of $100 after 30 days. The motion was duly seconded. It was recommended the daily fine be increased to $150 as the violations are health and safety hazards. Member Williams agreed to the amendment and the seconder concurred. Member Williams moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on November 12, 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 Julie Phillips for City, Respondent was not present and had no representation, and viewing the evidence, City Exhibits 1-6 [Ex. 1a, 1b, 1c – notices of violation; Ex. 2 – affidavit of posting; 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 in that the exterior portion of the house is in bad condition. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 3-1503.B5.7.8 of the Community Development 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 (December 12, 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 December 12, 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 December 12, 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 No. 37-03 Christian S. Keiper 110 S. Arcturas Avenue Development – Hofferle Board Secretary Diana reported service on the notice of hearing was obtained by posting it on the property on October 31, 2003. Property owner Christian Keiper was not present and had no representation. In response to questions from Mr. Ruff, Ms. Hofferle said she first inspected the property on June 24, 2002 in response to an anonymous complaint. She said the canvas carport in front of the house violated code. She reinspected the property this morning and found it to be in compliance. She said although the property was out of compliance for 18 months, her first contact with the property owner did not occur until this morning. Mr. Ruff submitted City Exhibits 1-6, including photographs. Ms. Hofferle requested the board issue a declaration of violation to prevent the infraction from reoccurring. Member Martin moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on November 12, 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 Jana Hofferle for City, Respondent was not present and had no representation, and viewing the evidence, City Exhibits 1-6 [Ex. 1a, 1b, 1c, 1d – notices of violation; Ex. 2a, 2b, 2c- certified mail receipts; 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 a canvass carport was installed which is prohibited and was in violation of Section 3-201.9 of the Community Development Code of the City of Clearwater. It is further evident that the condition was corrected prior to this hearing. CONCLUSIONS OF LAW The Respondent by reason of the foregoing was in violation of Section 3-201.9 of the Community Development Code of the City of Clearwater, Florida. ORDER It is the Order of the Board that the Respondent is to continue compliance with said Section 3-201.9 of the Community Development Code of the City of Clearwater. If Respondent repeats the violation, the Board may order the Respondent to pay a fine 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. 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 violator pursuant to Chapter 162, 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. G. Case No. 38-03 Christopher Walker 532 S. Crest Avenue Development - Hofferle Property owner Christopher Walker admitted to the violation. He estimated bringing the property into compliance would take 30 days. Ms. Hofferle said the property owner has been working on repairs. She recommended 40 days to comply or a $150 per day fine be imposed. Mr. Salzman noted the property owner had requested 30 days. Member Tieman moved The Municipal Code Enforcement Board has heard testimony at its regular meeting held on November 12, 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 Jana Hofferle for City and Christopher Walker for Respondent, who admitted to the violation, it is evident the property is in violation of the City code in that the exterior of the house has not been maintained. 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 within 30 days (December 12, 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 December 12, 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 December 12, 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 No. 35-00 – Affidavit of Compliance Bayrock Energy, Inc. & Infinity Outdoor, Inc. 2760 Gulf to Bay Boulevard Development – Fox AND B. Case 37-00 - Affidavit of Compliance Car Spa/Infinity Outdoor, Inc. 2516 Gulf-to-Bay Boulevard Development - Fox AND C. Case 14-02 – Affidavit of Compliance Menna-Pinellas 20788 U. S. Hwy 19 N Development - Kurleman AND D. Case No. 19-03 – Affidavit of Compliance Sean Morrissey & Nancy Koppel 1777 Apache Trail Development Code - Ruud AND E. Case No. 28-03 – Affidavit of Compliance Jennifer Carpenter 915.5 Turner Street Unsafe Building – Wright AND F. Case 31-03 – Affidavit of Compliance Nicholas Vasilaros 306 Leeward Island Development - Phillips AND G. Case No. 33-03 – Affidavit of Compliance Donald K. & Juanita P. Jackson 605 Edenville Avenue Development – Hofferle AND H. Case No. 34-03 – Affidavit of Compliance Donald K. & Juanita P. Jackson 609 Edenville Avenue Development – Hofferle Member Tieman moved to accept the Affidavits of Compliance for Cases 35-00, 37-00, 14-02, 19-03, 28-03, 31-03, 33-03, and 34-0. The motion was duly seconded and carried unanimously. 3 - OTHER BOARD ACTION/DISCUSSION A. Request for fine reduction Case 19-03 Michael Hendry/Morrissey and Koppel 1777 Apache Trail (Morrissey/Koppel) Development - Ruud Property owner Michael Hendry reviewed the history of the property, stating he is a partial owner. He said he had brought the property into compliance as soon as he could. He did not think the previous owner understood code enforcement actions against the property. In response to a question, Ms. Diana reported the $150 per day fine now totals $19,350. Development Services Manager Don Hall did not oppose a reduction of the fine, stating the property was brought into compliance soon after Mr. Hendry’s involvement. Staff estimated City costs related to the property at $1,000. Member Williams moved to reduce the fine for Case 19-03 to $1,000, payable within 30 days. The motion was duly seconded and carried unanimously. B. Request to address board re fine reduction in January Jeffrey E. Eller re E. G. Bradford & Sons property 111 S. Belcher Road Development Consensus was for the board to hear this request for a fine reduction on January 28, 2004. C. Fine Status Report AND 4 - NEW BUSINESS A. Procedure re capping fines 1) Closing cases AND 2) Retroactive AND 3) Reduction of fines on closed cases Mr. Salzman said staff had reviewed issues related to fines and agreed the amount of fines due on some properties had become unrealistically high. Staff suggests capping fines at the value of the property, based on the County’s tax roll value. Once fines reach the value of the property, they would stop accruing and the City could address the issue and either raze the structure or sell the property. If approved, the board would need to implement the change as policy. The change could be applied retroactively to start closing active cases. The change would make properties more affordable and encourage redevelopment. In response to a question, Mr. Salzman said a time frame had not been discussed regarding City action after fines stop accruing. He suggested six months would be appropriate. Consensus was to cap fines at the value of the property, based on the County’s tax roll value, and once fines reach the cap for the City to wait six months before taking action. 5 - NUISANCE ABATEMENT LIEN FILINGS - None. 6 - APPROVAL OF MINUTES – September 24, 2003 Member Williams moved to approve the minutes of the regular meeting of September 24, 2003, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. Holiday wishes were expressed. 7 - ADJOURNMENT The meeting adjourned at 4:01 p.m.