05/26/2004
MUNICIPAL CODE ENFORCEMENT BOARD MEETING
CITY OF CLEARWATER
May 26, 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
Absent: 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.
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.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
1. PUBLIC HEARINGS
A. Case #08-04 (Contd. from March 24, 2004)
Michelle and Clayton B. Burton Jr.
1985 Sever Drive
Repeat Violation – Coccia
Case #08-04 was continued by staff to the June 23, 2004, meeting.
B. Case #10-04
Paul Vonfeldt
849 Bruce Street
Building – Wright
Board Secretary Sue Diana said service on the notice of hearing was obtained by
certified mail.
Paul Vonfeldt, property owner, admitted to the violation.
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Code Enforcement 2004-05-26
In response to a question, Building Inspector Bill Wright said the property owner has a
permit to demolish the building. He recommended the demolition be completed within 30 days
or a $250 per day fine be imposed for each day the violation continues to exist.
Assistant City Attorney Bryan Ruff submitted City Exhibit 1 - photographs of the property
taken in January 2003.
In response to a question, Mr. Vonfeldt said the 30-day compliance request is
acceptable.
Member Tieman moved that concerning Case #10-04 the Municipal Code Enforcement
Board has heard testimony at its regular meeting held on May 26, 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 William Wright for City and Paul Vonfeldt,
Respondent, who admitted to the violation, and viewing the evidence, City Exhibit 1 – composite
photographs, it is evident the property is in violation of the City code in that the property is in a
deteriorated condition that creates a serious hazard to the health, safety and welfare of the
public.
CONCLUSIONS OF LAW
The Respondent by reason of the foregoing is in violation of the Standard Unsafe
Building Abatement Code, Chapter 2, 1-10, as adopted by Section 47.051 of the Code of
Ordinances 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
June 25, 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 June 25, 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 June 25, 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.
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Code Enforcement 2004-05-26
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 #11-04
R&R Comfort Suites
1941 Edgewater Drive
Development - Ruud
Ms. Diana said service on the notice of hearing was obtained by certified mail.
Fred Ashdji, representative, disagreed with the violation.
City Inspector Alan Ruud noted this case is a repeat violation. The Board originally
heard the case on May 28, 2003. The previous owner was cited for increasing the number of
rooms from 40 to 50 units by adding doors between the rooms. Ruud said during a routine area
inspection on February 25, 2004, he observed door frame casings in dumpsters on the property.
He said he contacted the Planning Department and found that no additional density for this
property was approved.
Mr. Ruff submitted City Exhibits 1- 6, which included photographs taken of the property
on February 25, 2004.
In response to a question, Mr. Ruud recommended the Board a fine of $250 per day be
imposed for each day the violation continues to exist. Bob Hall, Development Services
Manager, said the Board heard this case a year ago and recommended a $500 per day fine be
imposed beginning on the date staff discovered the door frame casings in the dumpsters until
the property is brought into compliance. He said staff has spent an enormous amount of time
on this case.
Mr. Ashdji said the previous owner had indicated that 50 rooms were permitted;
however, after reviewing paperwork it was discovered only 40 rooms were allowed. In checking
with staff, he discovered Lot 40 was not zoned properly and believed rezoning Lot 40 would
allow the 50 units. He filed a zoning application and received a letter, dated February 13, 2003,
indicating there was a zoning error and that the error was corrected and the zoning line was
moved to include Lot 40. Mr. Ashdji said he assumed 50 units were permitted.
th
Discussion ensued in regard to the February 13 letter and it was indicated the letter did
not state that 50 units were approved. Concern was expressed that the letter was somewhat
confusing and it was recommended this case be continued until the issue could be further
researched.
motion
Member Keyes moved to continue Case #11-04 to June 23, 2004. The was duly
carried
seconded and unanimously.
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Code Enforcement 2004-05-26
2. UNFINISHED BUSINESS
A. Case #04-04 – Affidavit of Compliance
Sand Dollar (Dollar General Store)
1600 N. Myrtle Avenue
Landscape – Kurleman
Member Tieman moved to accept the Affidavit of Compliance for Case #04-04. The
motioncarried
was duly seconded and unanimously.
B. Case #07-04 – Affidavit of Non-Compliance
Mrs. Donald Schantz
1906 West Barrington Drive
Development – King
AND
C. Case #09-04 – Affidavit of Non-Compliance
Brett L. Fisher
699 Bay Esplanade
Building - Coccia
Member Tieman moved to accept the Affidavits of Non-Compliance and issue the orders
motioncarried
imposing the fines for Cases #07-04 and #09-04. The was duly seconded and
unanimously.
2. OTHER BOARD ACTION/DISCUSSION
A. Fine reduction request
Case #45-96 - Charles Howard/Dr. Michael LaRocca
1140 Palm Bluff Street
Building – Coccia
(Lien Amount: $11,725)
Case #45-96 was continued by staff to June 23, 2004.
B. Fine reduction request
Case #13-01 – Donn McKnight/Estelle Patterson
508 S. Greenwood Avenue
Building – Coccia
(Lien Amount: $33,200)
Estelle Patterson, property owner, said the property has been brought into compliance.
She said she plans to spend an additional $10,000 for improvements to the driveway and
garage. In August 2001, she paid the back taxes on the property and since then, has spent
approximately $35,000 to bring the property up to Code. City Inspector Mike Coccia said an
Affidavit of Compliance was issued on November 19, 2003. Ms. Patterson requested the fines
be reduced to administrative fees.
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Code Enforcement 2004-05-26
.
.
.
"
Ms. Diana said Official Records and Legislative Services costs are approximately $500
and Mr. Coccia said the Development Services Department's costs are $1,696, for a total of
$2,196.
Member Tieman moved to reduce the fines to $2,500. The motion was duly seconded.
Members Martin, Tieman, Krause, Williams, and Keyes voted "Aye"; Chair Cole voted "Nay."
Motion carried.
3. NEW BUSINESS
4. NUISANCE ABATEMENT LIEN FILINGS
Horice S. Kinsler
110 South San Remo Avenue
Knollwood Replat, Blk 3, E 120' of Lot 8
PNU2004-00195
(Ford Aerostar)
$ 200
Member Tieman moved to accept the nuisance abatement lien filings, as submitted.
The motion was duly seconded and carried unanimously.
6. APPROVAL OF MINUTES - April 28, 2004
Member Williams moved to approve the minutes of the regular meeting of April 28, 2004,
as submitted in written summation to each board member. The motion was duly seconded and
carried unanimously.
7.
ADJOURNMENT
The meeting adjourned at 3:46 p.m.
.~ tp~
,Chair
Municipal Code Enforcement Board
Attest:
~
Secret . the Board
Code Enforcement 2004-05-26
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