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01/28/2004 MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER January 28, 2004 Present: Sheila Cole Chair Joyce Martin Board Member L. Duke Tieman Board Member George Krause Board Member Douglas J. Williams Board Member Jay Keyes Board Member Richard Avichouser 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 41-02 – Cont’d from 11/12/03 Spence Designs, Inc. (Something Fishy) 913 N. Ft. Harrison Avenue Development Code – Ruud Case 41-02 was withdrawn by staff. B. Case 01-04 Manfred Kramer 1655 Grove Street Development Code – Hofferle Board Secretary Diana reported service on the notice of hearing had been obtained. In response to questions from Assistant City Attorney Bryan Ruff, Code Enforcement Inspector Jana Hofferle reported she first inspected the house at 1655 Grove Street on December 6, 2002, and found rust and peeling paint. The exterior surfaces need to be painted. She reinspected the property several times. She was in contact with Manfred Kramer, the property owner who lives in Germany, via fax and e- mail. Mr. Kramer had indicated he would take care of the problem. At his request, staff provided a 3-month extension to make repairs after he claimed medical problems. Mr. Kramer said he was going to have someone else take care of the problem, but that did Code Enforcement 2004-01-28 1 not occur. Mr. Kramer last contacted the City by providing a copy of an airplane ticket indicating he would be here in October 2003; however, he never showed up at the City. Other City inspectors have discussed other issues with Mr. Kramer, but nothing has changed. Mr. Ruff presented City Exhibit 9, photographs of the property taken by Ms. Hofferle. Photographs dated December 4, 2002, show peeling paint on all sides of the house and a door boarded up to keep out transients. Photographs dated March 27, 2003, show missing wood trim and gutters and a bag covering the front door glass. Photographs dated August 21, 2003, show no changes. She indicated the photographs are an accurate representation of current conditions. Ms. Hofferle believed the property could be brought into compliance within 30 days. She recommended 30 days to comply or a $100 per day fine be imposed. Mr. Ruff submitted City Exhibits 1 -9 for 1655 Grove Street. No one representing the property owner was present to speak to the issue. In response to a question, Ms. Hofferle said the house is not occupied. She has been in contact with Mr. Kramer since January 2003, trying to resolve the problem. Member Martin moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on January 28, 2004, 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 Jana Hofferle for City, Respondent was not present and had no representation, and viewing the evidence, City Exhibits 1-9 (Ex. 1 – notice of violation dated 10/15/03; Ex. 2 – notice of violation dated 8/6/03; Ex. 3 – notice of violation dated 1/6/03; Ex. 4 – signed certified mail receipt indicating receipt of notice of violation; Ex. 5 – affidavit of posting dated 10/15/03; Ex. 6 – applicable code sections; Ex. 7 – property appraiser printout; Ex. 8 – affidavit of violation and request for hearing dated 12/2/02; and Ex. 9 – composite photographs dated 12/4/02, 3/27/3, and 8/21/03), it is evident the property is in violation of the City Code in that the house has peeling paint and needs to be painted. 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 February 27, 2004. 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 February 27, 2004, the Respondent may Code Enforcement 2004-01-28 2 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 February 27, 2004. 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. motion carried The was duly seconded and unanimously. C. Case 02-04 Patricia De Priest 1631 Tuscola Road Development Code – Hofferle Board Secretary Diana reported service on the notice of hearing had been obtained. Property owner Patricia De Priest admitted to the violation that her house needs to be painted. Due to many personal and family issues, Ms. De Priest requested 60 days to complete painting the house. Ms Hofferle recommended 60 days to comply or a $100 per day fine be imposed. Member Tieman moved that the Municipal Code Enforcement Board has heard testimony at its regular meeting held on January 28, 2004, 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 Jana Hofferle for City, and Respondent Patricia De Priest, who admitted to the violation, it is evident the property is in violation of the City Code in that the house has peeling paint and needs to be painted. 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). Code Enforcement 2004-01-28 3 ORDER It is the Order of the Board that the Respondent is to correct the aforesaid violation by March 28, 2004. The burden shall rest upon the Respondent to request a reinspection by Code Inspector Jana Hofferle 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 March 28, 2004, 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 March 28, 2004. 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 motion carried The was duly seconded and unanimously. 2. UNFINISHED BUSINESS A. Case No. 35-03 Status Report Sabrooke Trust–Trustee Sandelman/Phillip Evans 20228 U.S. Highway 19 N Nuisance Appeal – Hofferle Phillip Evans reviewed his attempts to obtain a declaratory order from a judge to acquire a VIN (Vehicle Identification Number) for the subject trailer. He said now he is trying to give away the unregistered trailer and have it towed off site. He estimated it would take 30 days to remove the trailer. Ms. Hofferle said the City had cited the trailer in May 2002 as a public nuisance. Discussion ensued. Attorney for the Board Andrew Salzman said if the board wants to provide Mr. Evans an additional 30 days, he recommended the issue be continued. Development Services Manager Bob Hall did not object to a continuance. Member Keyes moved to continue Case No. 35-03 to February 27, 2004. The motion carried was duly seconded and unanimously. Code Enforcement 2004-01-28 4 B. Case 13-01 – Affidavit of Compliance Donn McKnight 508 S. Greenwood Avenue Building Code– Coccia AND C. Case 20-02 - Affidavit of Compliance Robert Petit 1009 Woodlawn Street Development Code – Phillips AND D. Case 36-03 - Affidavit of Compliance Gary Reynolds 406 Leeward Island Development Code – Phillips AND E. Case 38-03 - Affidavit of Compliance Christopher Walker 532 S. Crest Avenue Development Code – Hofferle Member Tieman moved to accept the Affidavits of Compliance for Cases 13-01, motion carried 20-02, 36-03, and 38-03. The was duly seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Fine reduction request Cases 38-96, 23-02, 32-02 Jeffery E. Eller/E. G. Bradford & Sons property 111 S. Belcher Road Occupational License & Development Code - Sexsmith, Hofferle, Kurleman Jeffery Eller, Manager of Ocean Properties, said his firm was formed to purchase the subject property. He said that transaction took place on December 5, 2003. He plans to renovate and improve the site and lease it as commercial space. His firm has razed three of the four buildings, removed six underground storage tanks, and removed all vehicles. For the remaining 5,000 square-foot building, he is in the process of obtaining structural and architectural plans, which should be ready next month for submission to obtain permits. He said fines had occurred due to landscaping and public nuisance issues and inoperative vehicles. He said the public nuisance buildings have been razed. Ms. Diana reviewed fines on the property. While fines on the property once totaled $333,600, MCEB (Municipal Code Enforcement Board) changes capped the fine at the property’s fair market value, $158,700. The lot-clearing lien totals $250. She said City administration costs of $1,810 include the lot-clearing expense. Mr. Salzman said Code Enforcement 2004-01-28 5 the property does not have to be in compliance before the board can reduce the fine. Mr. Eller said his firm will renovate the remaining building, repave the lot, and landscape the property. Mr. Hall said problems with the property have been ongoing. Significant improvements are evident since Mr. Eller became involved. Mr. Eller is a partner in the property with the original owners and violators, E.G. Bradford & Sons. The property owners never contacted the City indicating the business had ceased operations. He recommended the board cap the amount of time allowed to complete this project and reinstitute the fine if the deadline is not met. Mr. Eller said he should be able to get the property into compliance within 90 days. Mr. Wright reported, as of January 23, 2004, additional City costs related to the property include $3,497.96 for Building Department services such as mailings and title searches conducted since March 2002. Mr. Hall said an additional $1,350 also is owed. Discussion ensued regarding the fines. Mr. Salzman suggested the board continue this item for not more than 90 days and schedule a rehearing as soon as notification is provided that the property has been inspected and complies with Code. Member Tieman moved to continue the fine reduction request for Cases 38-96, motion carried 23-02, 32-02 for not more than 90 days. The was duly seconded and unanimously. B. Fine reduction request Case 13-03 Jeanette Haugen/Provident Bank Inc. 1304 N. Madison Avenue Building Code - Wright No one representing the property owner was present to speak to the issue. Member Williams moved to deny the request to reduce the fine for Case 13-03. motion carried The was duly seconded and unanimously. C. Request to address board re fine at future meeting Case 28-03 Jennifer Carpenter 915.5 Turner Street Building Code – Wright Ms. Diana said the applicant had not met the original compliance date. The property came into compliance two months late. The Board requested fine amounts be lkisted on the agenda. The fine on the property is $16,750.00. Member Williams moved to approve the request to address the board on motion carried February 25, 2004. The was duly seconded and unanimously. D. Election of Board Chair and Vice-Chair motion Member Keyes moved to re-elect Sheila Cole as Chair. The was duly carried seconded and unanimously. Code Enforcement 2004-01-28 6 . . . Chair Cole moved to elect Joyce Martin as Vice-Chair. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS - None. 5. NUISANCE ABATEMENT LIEN FILINGS: William Donovan 607 Ermine Street Enghurst Addition, Lot 24 less rd AND Pocotopaug Inv Inc. 1315 Cleveland Street Brookwood Terrace Rev, Blk 5, Lots 1-20 incl and N 1/2 of vac st South of Lots 19-20 PNU2003-01606 (Pontiac Sunbird) $ 200 PNU2003-01521 (Chevrolet Van) $ 200 Member Tieman moved to moved to accept the nuisance abatement lien filings, as submitted. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - November 12, 2003 Member Williams moved to approve the minutes of the regular meeting of November 12, 2003, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT: The meeting adjourned at 3:51 p.m. Attest: '~ 'h . ~ Secre the Board Code Enforcement 2004-01-28 ~ a ~ ,.) C~r Municipal Code Enforcement Board 7