BAA2019-05002 - Yvette F WilliamsBEFORE THE BUILDING/FLOOD BOARD OF ADJUSTMENT OF APPEALS
CITY OF CLEARWATER
CASE NO. BAA2019-05002;
Yvette F. Williams,
1135 Tangerine Street,
Appellant.
ORDER
This matter came before the City of Clearwater Building/Flood Board of Adjustment and
Appeals on the appeal of Yvette F. Williams from a determination of the Building Official that
there exist multiple violations of the Standard Housing Code at Appellant's structure located at
1135 Tangerine Street. Appellant requests that the claims of violation be removed from the
property record.
Appellant's application for this appeal was duly noticed for hearing and was heard by the
Board on June 4, 2019.
Testimony was heard from Appellant and from City staff, and the parties were given the
opportunity to examine and cross-examine the testifying witnesses. City staff presented
testimony from Building Code Administrator Kevin Garriott and Housing Inspector Sam
Swinton, as well as a PowerPoint slideshow which demonstrated the condition of the structure
and the notice of same provided to Appellant. Appellant did not substantively contest the City's
evidence concerning the condition of the structure and made no argument that the Standard
Housing Code or its specific provisions did not apply to this matter or that the applicable code
had been misconstrued or misapplied.
Community Development Code Chapter 49, Housing Code, Section 49.01 et seq.,
incorporates by reference with amendments the Standard Housing Code as published by the
Southern Building Code Congress International, Inc. Housing Inspector Swinton, having
received a complaint from the then -tenant of the property, inspected and re -inspected the subject
property between January and May, 2019, and determined there were violations of §§ 302.1,
302.5, 302.9, 304, 305.12, 305.16.2, 305.3.2, 305.5, and 305.8 of the Standard Housing Code.
Housing Inspector Swinton cited the Appellant for said violations, and the instant appeal was
timely filed.
Community Development Code Chapter 47, Buildings and Building Regulations, Article
II, Building/Flood Board of Adjustment and Appeals, §§ 47.033 and 47.035 authorize the owner
of a building to appeal decisions and interpretations of the building official to the Board
whenever any one of the following conditions are claimed to exist:
(a) The building official rejected or refused to approve the mode or manner of
construction proposed to be followed or materials to be used in the installation or
alteration of a building, structure or service system.
(b) The provisions of the standard codes adopted in this chapter do not apply to this
specific case.
(c) An equally good or more desirable form of installation can be employed in any
specific case.
(d) The true intent and meaning of the codes or any of the regulations thereunder
have been misconstrued or incorrectly interpreted.
Accordingly, the Board found that the appeal was properly filed by the Appellant and that
action on the appeal was within the Board's authority as stated and as provided in § 47.033 of the
City's Community Development Code.
Based upon the evidence and testimony presented in the application, the Staff Report, and
at the hearing, the Board, with four members being present and upon motion duly seconded,
voted unanimously to deny the appeal application and affirm the Building Official's
decision/interpretation concerning the violations identified.
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Based upon the foregoing and the record evidence, it is therefore:
ORDERED that the appeal of the Building Official's decision in Case No. BAA2019-
05002 is hereby DENIED.
DONE AND ORDERED at Clearwater, Florida this 4 day of June, 2019.
Chair, $'uilding/F1bod Board of Adjustment and Appeals
City of Clearwater
Copies to: City Clerk
Yvette F. Williams
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