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04/28/2004 MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER April 28, 2004 Present: Sheila Cole Chair Joyce Martin Vice-Chair 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 Jenay E. Iurato 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, followed by the Pledge of Allegiance. 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. 1. PUBLIC HEARINGS A. Case 03-04 (Contd from 3/24/03) Hardees Lease Partners 1980 (4930-0027) 2551 Gulf to Bay Blvd Development Code – Kurleman Withdrawn Case 03-04 was withdrawn by staff. 2. UNFINISHED BUSINESS A. Fine reduction request – Contd. from 1/28/04 Cases #8-96, 23-02, 32-02 Jefferey E. Eller/E. G. Bradford & Sons property 111 S. Belcher Road Occupational License & Development Code - Sexsmith, Hofferle, Kurleman (Lien Amount: $158,700) Jeffrey Eller stated he is part owner of the property and is rehabilitating it. He said he has made some progress since he came before the Board in January. Code Enforcement 2004-04-28 1 In response to a question, City Inspector Bill Wright said the building remains in violation of the unsafe building regulations. The owner has applied for permits, however, none have been issued, and no work has been done. Mr. Eller said he was not aware actual completion of the project was part of the compliance issues discussed at the January meeting. Board Secretary Diana reviewed the violations cited for the subject property and stated the unsafe structure violation was not part of the subject cases. Mr. Wright said the building has been in an unsafe condition for over two years and staff has been diligently working with the property owners to obtain compliance. In response to a question, Mr. Wright said the unsafe notice was not part of the original case. He said staff told Mr. Eller they would not cite him for the unsafe building if he agreed to start work on the building. He said although staff did not object to a reduction in fines, he preferred that the Board not reduce the fines until the building is brought into compliance. Ms. Diana said administrative fines total $6,658. She said there is also a public service tax owed the City of over $42,000. In response to a question, Mr. Eller said he hopes to obtain the necessary permits within the next two weeks and anticipates completion of the project within three months. In response to a question, Mr. Wright said he felt 90 days was a reasonable amount of time for Mr. Eller to come into compliance. Member Williams moved that regarding Cases 8-96, 23-02, and 32-02 the request for motioncarried reduction of fines be continued for 90 days. The was duly seconded and unanimously. B. Case 01-04 – Affidavit of Compliance Manfred Kramer 1655 Grove Street Development Code – Hofferle AND C. Case 18-98 – Affidavit of Compliance Anna M. & Bernard A. Hawk 700 S. Highland Avenue Building - Coccia Member Tieman moved to accept the Affidavits of Compliance for Cases 01-04 and 18- motioncarried 98. The was duly seconded and unanimously. Code Enforcement 2004-04-28 2 3. OTHER BOARD ACTION/DISCUSSION A. Request for Rehearing Case 05-04 – Northwood Plaza 3023 Eastland Boulevard #103 Development - Kurleman Discussion ensued in regard to the Board Order issued in this case and it was determined the Order was legally sufficient. Member Keyes moved that regarding Case 05-04 for 3023 Eastland Boulevard #103 the motion petition for rehearing and reconsideration be denied. The was duly seconded and carried unanimously. B. Request to address board re fine at future meeting Case 45-96 - Charles Howard/Dr. Michael LaRocca 1140 Palm Bluff Street Building – Coccia (Lien Amount: $11,725) Member Keyes moved that regarding Case 45-96 the request to address the board motion regarding the fine at a future meeting be approved. The was duly seconded and carried unanimously. C. Request to address board re fine at future meeting Case 13-01 – Donn McKnight/Estelle Patterson 508 S. Greenwood Avenue Building – Coccia (Lien Amount: $33,200) Member Keyes moved that regarding Case 13-01 the request to address the board motion regarding the fine at a future meeting be approved. The was duly seconded and carried unanimously. D. Permit Process Presentation Jeff Kronschnabl – Development Services Building Official Kevin Garriott reviewed the permitting process and what is involved in getting a permit. He stated permits can be applied for and reviewed online. Development Services Director Jeff Kronschnabl reviewed the types of violations that are taken to County Court rather than to the Code Board. He noted these violations do not result in a criminal record unless the violator fails to appear. Concern was expressed violators may think paying the fines waives their responsibility of compliance. It was suggested City staff continue to educate the public. E. NEW BUSINESS – None Code Enforcement 2004-04-28 3 . . . F. NUISANCE ABATEMENT LIEN FILINGS Sammie State 1305 Roosevelt Avenue C.E. Jackson's Sub, Blk 2, N50' of Lots 1 and 2 Atlantis Property Inv. Co. 1003 Pennsylvania Avenue Palm Park Unbd Blk, W125' of S75' of Lot 33 Ryan T. McCullom Est 901 Pinellas Street Milton Park, Blk 14, Lot 6 Tim Savio 1138 Howard Street Carolina Terrace Annex, Lot 14 Mary A. Heye 11 03 Howard Street Carolina Terrace Annex, Lots 77 thru 80 incl Beatrice Demps Est 809 Palm Bluff Street Palm Park Unbd Blk, E100' of Lot 16 Edgar A. Aland 616 Wildwood Way Belleair Highlands, Blk C, S135' of Lots 24 and 25 Adam W. and Kimberly P. Pearce 901 Woodlawn Street Belmont 2nd Addition, Blk D, Lots 50 thru 52 PNU2003-02700 $ 325.00 PNU2003-02603 $ 382.00 PNU2003-01818 $ 325.00 PNU2003-02194 $ 240.00 PNU2003-02428 $ 331.00 PNU2003-02591 $ 300.00 PNU2003-02653 $ 325.00 PNU2003-02855 $ 268.00 Member Tieman moved to accept the nuisance abatement lien filings, as submitted. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - March 24, 2004 Member Tieman moved to approve the minutes of the regular meeting of March 24, 2004, as submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:40 p.m. Attest: >>,~~ Secreta t he Board Code Enforcement 2004-04-28 aDJ Chair Municipal Code Enforcement Board 4