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03/24/2004 MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER March 24, 2004 Present: Sheila Cole Chair Joyce Martin Vice-Chair – arrived 3:03 p.m. L. Duke Tieman Board Member Douglas J. Williams Board Member Richard Avichouser Board Member George Krause Board Member 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 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 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 1. A. Case #03-04 (Contd from 02-25-04) Hardees Lease Partners 1980 (4930-0027) 2551 Gulf-to-Bay Blvd. Development Code – Kurleman Case #03-04 was continued by staff to April 28, 2004. B. Case #07-04 Beverly J. Meffert c/o Donald Schantz 1906 West Barrington Drive Development Code – King Board Secretary Diana said service on the notice of hearing was obtained by certified mail. In response to questions from Assistant City Attorney Bryan Ruff, Inspector Janice King said in response to an anonymous complaint, she had inspected the property on January 16, 2004. Two trailers were parked on the grass between the structure and the street, bathroom fixtures were in the yard, and vehicles were parked on the side of the house. A notice of violation to comply by February 3, 2004 was issued. Code Enforcement 2004-03-24 1 Ms. King said she reinspected the property on February 4, 2004. The bathroom fixtures had been removed, however, two trailers remained. Ms. King inspected the property again on February 17, 2004, and found the violations still existed. As of this morning, a trailer and two vehicles remained parked on the grass. Mr. Ruff submitted City Exhibits 1-6, which included photographs of the property. Ms. King recommended the property owner comply within 14 days or pay a fine of $50 per day for each day the violation continues to exist. In response to a question, Ms. Schantz said she and Beverly J. Meffert own the home. She said before her husband passed away, the County told her the trailer could be parked on one side of the house. She said the items have been removed from the yard except for the trailer. She said the bathroom fixtures were placed in the yard after the house flooded. She said all the vehicles were removed and disputed Ms. King’s allegations vehicles were parked illegally on the property this morning. The Chair explained Ms. Schantz’s property is in the City, not in the County, and that the City’s Code is specific regarding these violations. Member Keyes moved that concerning Case #07-04, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on March 24, 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 Janice King for City and Mrs. Donald Schantz for Respondent, and viewing the evidence, City Exhibits 1-6 [Ex. 1 – notice of violation; Ex. 2 – certified return receipt; 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. A hauling trailer and vehicles are being parked and or stored on the property, which is not allowed. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 3- 1407.A.2.b and 3-1407.A.4 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 April 15, 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 April 15, 2004, the Respondent may be ordered to pay a fine in the amount of fifty and no/100 dollars ($50.00) per day for each day the violation continues beyond April 15, 2004. Code Enforcement 2004-03-24 2 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. motioncarried The was duly seconded and unanimously. C. Case #08-04 Michelle and Clayton B. Burton Jr. 1985 Sever Drive Repeat Violation - Coccia Board Secretary Diana said service on the notice of hearing was obtained by certified mail. Mary Rogero, representing the respondent, said she previously sold this home to her daughter. She disputed the matter being a repeat violation, as this Board had not heard the case previously. Mr. Ruff said a notice to appear in court was sent to the violators. The violators had the opportunity to plead guilty or not guilty in court. A plea was entered that indicated an admission of guilt. The fine was paid but the violation continued. Ms. Rogero said the deck has been part of the property since it was built in 1981. She said she visited the City several times in an attempt to resolve the matter. In response to questions from Mr. Ruff, Mr. Coccia said the City issued two notices to appear in County Court. Staff has the option of attempting to obtain compliance through the County Court system or the Municipal Code Enforcement Board. The respondent paid the fines, but did not meet compliance on either notice. Mr. Ruff submitted City Exhibit A, a case summary from Inspector Coccia. Mr. Coccia said on March 13, 2003, he received an anonymous complaint that a retaining wall, hot tub, deck, and a fence on the southwest corner of the property had been installed without permits or inspections. City records do not show a deck or hot tub permitted for the subject property. Code Enforcement 2004-03-24 3 In 2001, the property owner submitted a permit application with a survey that did not show a deck existed. Staff issued a notice of violation on April 28, 2003. Staff met with the property owners several times and made numerous telephone calls to them. City records indicate the property owners had amended their application to include a wooden fence. In response to questions, Engineer Steve Doherty, stated the outdoor deck encroaches into a 25-foot drainage and utility easement that was dedicated at the time the subdivision was created. He said code prohibits permanent structures in easements. Mr. Ruff submitted City Exhibit B and Exhibits 1-8 which included photographs taken by Inspector Coccia. Mr. Coccia recommended the property owner comply within 45 days or pay a $250 fine per day for each day the violation continues to exist. In response to a question, he said even if a deck had existed on this property in 2001, it would have had to be rebuilt according to current code. Clayton Burton, property owner, said the property has settlement issues. He said this house had been in a condemnable condition and was sinking. He said he began a long and expensive process of rebuilding the property according to code. He stated he pulled all pertinent permits for work to be done and paid applicable fees. Mr. Burton submitted a photograph from the 1980s that clearly shows the deck. He said he submitted an application to build the deck as it currently existed, but it was rejected because it encroached into an easement. He also submitted a formal application to the Engineering Department to allow the encroachment. Mr. Doherty said he informed Ms. Rogero he would speak to the Engineering Director regarding the matter if she provided suitable plans. He said no specific or accurate drawings indicating the specific location of the encroachment have been submitted. Therefore the matter could not be properly discussed with the Engineering Department. Mr. Burton said a letter addressing the encroachment was submitted. Mr. Doherty said the letter he received was inadequate, as it did not include precise measurements of the deck and its location. Mr. Burton said he is trying diligently to provide the City with proper information and requested additional time to resolve this issue with the Engineering Department. motion Member Williams moved to continue Case #08-04 to May 26, 2004. The was duly seconded. Members Martin, Williams, Avichouser, Krause, and Keyes and carried Chair Cole voted “Aye”; Member Tieman voted “Nay”. Motion . D. Case #09-04 Brett L. Fisher 699 Bay Esplanade Repeat Violation – Coccia Mr. Ruff said the City had pursued this violation in County Court. The fine was paid but the violation still exists. Code Enforcement 2004-03-24 4 Inspector Coccia said staff received an anonymous complaint. The first floor of this two-story house is in a flood elevation zone and is only permitted for use as storage. The property owner added electrical and mechanical items without permits or inspections. Brett Fisher, property owner, admitted to the violations. He said he removed the partition and living space on the first floor but left the air conditioning unit in place to address a serious mold problem. He said the air conditioning unit is above the base flood elevation. In response to a question, Inspector Coccia said no provision exists for variance approval for flood elevation violations. Inspector Coccia said even though the air conditioning unit is above the base elevation, it services the ground floor space, which must be unfinished and used only for storage. He noted Mr. Fisher added the air conditioner to the ground floor without permits. Mr. Coccia recommended compliance within 45 days or a $250 per day fine for each day the violation continues to exist. He said Mr. Fisher’s request to obtain a permit for the mechanical and electrical components on the ground floor was denied. Member Avichouser moved that concerning Case #09-04, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on March 24, 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 Mike Coccia for City and Brett L. Fisher, Respondent, who admitted to the violation, it is evident the property is in violation of the City code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Sections 47.083(2) and 47.111 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 May 17, 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 May 17, 2004, 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 May 17, 2004, 2004. Code Enforcement 2004-03-24 5 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 The was duly seconded and upon the vote being taken, Members Tieman, Williams, Avichouser, Krause, and Keyes, and Chair Cole voted “Aye”; Member carried Martin voted “Nay”. Motion . 2. UNFINISHED BUSINESS A. Case #16-02 – Affidavit of Compliance Laura J. Porter 1524 S. Prospect Avenue Public Nuisance – Phillips AND BCase #19-02 – Affidavit of Compliance . Chuck Broadhurst 1112 Palm Bluff Street Building – Coccia Member Tieman moved to accept the Affidavits of Compliance for Case #16-02 motioncarried and Case #19-02. The was duly seconded and unanimously. 3. OTHER BOARD ACTION/DISCUSSION A. Request to address board re fine Case #14-02 Menna-Pinellas 20788 U.S. Highway 19 N Development – Kurleman (Lien Amount: $23,350) Ghouse Ghovaee, Northside Engineering, admitted to the violation. He stated the current owner felt it best not to install landscaping as the restaurant on the site was to be demolished and a hotel constructed. In response to a question, Ms. Diana said the lien amount is $23,350. Official Records and Legislative Services administrative costs are estimated at $500.00 and Code Enforcement 2004-03-24 6 Development Services costs at $1,192.50. Board Attorney Andrew Salzman said the structure on this property was demolished and the site is being redeveloped. Inspector Scott Kurleman said in May 2002, staff met with the tenant regarding landscaping issues. The tenant was found in violation of the code and on May 24, 2002, the tenant agreed to install landscaping; however, two weeks later the restaurant was closed. The property could not be brought into compliance until the restaurant was demolished so the fines continued to accrue. Staff has no objection to a reduction of the fine. Member Tieman moved that concerning Case #14-02, the Municipal Code Enforcement Board has considered the Respondent’s request for reconsideration of fine at a hearing held on March 24, 2004, and based upon the evidence presented, enters the following Findings of Fact, Conclusions of Law, and Order. After considering the request for reduction of fine filed by the Respondent and considering the Affidavit of Compliance issued on October 3, 2003, it is evident that a reduction in fine is appropriate in the above referenced case. It is the Order of this Board that the fine previously imposed in the Order of the Board dated July 24, 2002, as recorded on August 7, 2002, in O.R. Book 12152, Pages 557-559, and amended as recorded on January 15, 2004, in O.R. Book 13298, Pages 500-501, of the public records of Pinellas County, Florida, is hereby reduced from $23,350.00to two thousand and no/100’s dollars ($2,000)payable to the Petitioner within thirty days from the date of today’s hearing. If the reduced fine is not paid within the time specified in this Order, a lien in the original amount of $23,350 shall be recorded in the public records of Pinellas County, Florida. motioncarried The was duly seconded and unanimously. 4. NEW BUSINESS – None. 5. NUISANCE ABATEMENT LIEN FILINGS Norman L. Enzor Tre PNU2003-02768 1673 Laura Street (Ford Econoline Van) (PAID 03-24-04) Keystone Manor, Blk F, Lot 11 $200 Chuck Broadhurst PNU2003-02720 906 Pennsylvania Avenue Pine Crest Sub, Blk 2, Lot 3 and E1/2 $308 vacant alley on West Russell W. Chachula PNU2003-00176 508 Blanche B Littlejohn Trail Hart’s Addition to Clearwater, Blk 2, Lot 2 $370 Willy J. Wallace Estate PNU2003-01308 913 Seminole Street Pine Crest Sub, Blk 8, Lots 8 and 9 and $350 N1/2 vacant alley on South Code Enforcement 2004-03-24 7 . Richard M. Lennon 1101 Lakeview Road Lakeview Heights, Blk A, Lots 1 thru 5 & 15 William Donovan 602 Engman Street Enghurst Addition to Clearwater, S86' of Lot 26 Joseph C. Smith 3000 Prestige Drive Forest Wood Estates 1st Addition, Lot 83 PNU2003-02316 $525 PNU2003-01607 $325 PNU2003-02348 $321 Member Tieman moved to accept the nuisance abatement lien filings, as submitted, less Cases PNU2003-02768 and PNU2003-02720. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - January 28.2004 and February 25.2004- Member Williams moved to approve the minutes of the regular meeting of January 28, 2004, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. . It was noted the February minutes did not reflect Member Tieman's absence from the January meeting. Member Williams moved to approve the minutes of the regular meeting of February 25,2004, as amended. The motion was duly seconded and carried unanimously. Other Mr. Salzman reviewed reasons why the City takes some cases to County Court rather than to this Board. 7. ADJOURNMENT The meeting adjourned at 4:09 p.m. Attest: ~ Secret the Board . Code Enforcement 2004-03-24 ~dL C~ir Municipal Code Enforcement Board 8