Special Magistrate - Code Enforcement Hearing

THE CITY OF MADEIRA BEACH PUBLIC NOTICE The Code Enforcement Special Magistrate, City of Madeira Beach, Florida will hold a meeting at the Madeira Beach City Hall Patricia Shontz Commission Chambers, 300 Municipal Drive, Madeira Beach, Florida 33708 to discuss the items of business listed hereon at the time and date indicated below: SPECIAL MAGISTRATE CODE ENFORCEMENT AGENDA 2:00 P.M. MONDAY, DECEMBER 18TH , 2017 COMMISSION CHAMBERS A. INTRODUCTION – SPECIAL MAGISTRATE BART R. VALDES. Welcome to the City of Madeira Beach Code Enforcement Special Magistrate Hearings. The Special Magistrate is charged with conducting hearings to determine whether an alleged violation of the City Code has occurred. In order to meet that obligation, all parties or their representatives will be allowed an opportunity to be heard on matters relevant to the alleged violation(s). All witness offering testimony or presenting evidence will be required to swear or affirm that the testimony they provide is the truth. The order of presentation will begin with the City presenting their evidence of alleged violation(s) and then the Respondent shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. The Special Magistrate may question any witnesses. The clerk will announce the names of the cases from the agenda. When you hear your case called, please respond by coming to the podium with your representative and/or any witness to be sworn. When addressing the Special Magistrate, please speak clearly into the microphone. B. CALL TO ORDER C. ADMINISTRATION OF OATH TO RESPONDENTS/WITNESSES D. NEW BUSINESS Case #2017.170 Respondent/Property CHIACCHIO, STEPHEN E Owner; Name & Mailing ECKERT, SHARON L Address: 563 CRYSTAL DR MADEIRA BEACH FL 33708-2364 Property Location: 563 CRYSTAL DR MADEIRA BEACH Legal & Parcel #: CRYSTAL ISLAND NE'LY 45.5FT OF LOT 54 & SW'LY 23.5FT OF LOT 53 10-31-15-19962-000-0540 Violation(s)/Charge(s): • Sec.110-447- Rear yards facing water. (b) In rear yards facing the Gulf of Mexico, garden walls, solid fences, and hedges shall not exceed three feet in height, except six-foot fences are permitted adjacent to sewage lift stations. Open wire and chain link fences with a minimum of three-inch openings between all vertical members, and sand screens (manufactured for this purpose) shall not exceed four feet in height or be placed closer than 18 feet from a seawall. Fencing which is wrought iron in appearance, with a minimum of three-inch openings between all vertical members shall not exceed six feet in height. Openings in any fence, wall, or screen shall not allow passage of a four-inch diameter (102 mm) sphere. All walls, fences, and screens must be installed landward of the county coastal construction control line. Case #B2017.02 Respondent/Property TERRELL, PAUL Owner; Name & Mailing TERRELL, JERI Address: 118 BOCA CIEGA DR MADEIRA BEACH FL 33708-2452 Property Location: 118 Boca Ciega Dr Madeira Beach Legal & Parcel #: PAGE'S REPLAT OF MITCHELL'S BEACH BLK L, LOT 5 15-31-15-65304-012-0050 Violation(s)/Charge(s): • DIVISION 2. - BUILDING PERMITS • Sec.86-52. - When required. A person, firm or corporation shall not construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or erect, or construct a sign, or install or alter fire extinguishing apparatus, elevators, engines, steam boiler, furnace, incinerator, or other heat producing apparatus, plumbing, mechanical or electrical equipment or any appurtenances, the installation of which is regulated by the land development regulations or other sections of the Code until a permit has been issued by the building official. When the cost of repair or modification does not exceed $500.00, does not result in a structural change, and does not require an inspection, a permit need not be issued by the building official. No permit is required for uncovered flat slabs of no greater than 50 square feet, for work of a strictly cosmetic nature (painting, wallpapering, carpeting, kitchen cabinets, etc.) or roof work less than $100.00 in value. DIVISION 2. - STRUCTURES UNFIT FOR OCCUPANCY • Sec.14-91- Declaration of unfit structure. Whenever the enforcing authority finds that any structure constitutes a hazard to the safety, health, or welfare of the occupants or to the public because it lacks maintenance or because it lacks the sanitary facilities or equipment or otherwise fails to comply with the minimum provisions of this article, he may declare such structure as unfit for occupancy and order it to be vacated. It shall be unlawful to again occupy such structure until it or its occupation, as the case may be, has been made to conform to the law. ARTICLE III. - RESIDENTIAL, COMMERCIAL, BUSINESS AND INDUSTRIAL MINIMUM STANDARDS[3] DIVISION 1. - GENERALLY  • Sec.14-70 - Same—General maintenance. The exterior of every structure or accessory structure (including fences, signs, screens and store fronts) shall be maintained in good repair, termite free and all surfaces thereof shall be kept painted or have similar protective coating where necessary for purpose of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end which the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties will be protected from conditions which tend to decrease the property values of surrounding properties. • (2) Floors, interior walls and ceilings of every structure shall be structurally sound. (3) Floors shall be considered to be structurally sound when capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be smooth, free from cracks, breaks and other hazards • 5) Washrooms and water closet compartment floors shall be surfaced with water resistant materials and shall be kept in a sanitary condition at all times. • (9) All premises shall be properly connected to and be provided with electric power through safely insulated conductors and shall conform to al provisions of the National Electrical Code. • (11) Foundation and walls shall be maintained structurally sound, free from defects and damage and capable of bearing imposed loads safety. Case #B2017.03 Respondent/Property Owner; Name & Mailing TERRELL, PAUL J Address: 3673 NW 18TH AVE OAKLAND PARK FL 33309-5807 Property Location: 13207 3RD ST E Madeira Beach Legal & Parcel #: PAGE'S REPLAT OF MITCHELL'S BEACH BLK J, LOTS 2 AND 3 15-31-15-65304-010-0020 Violation(s)/Charge(s): DIVISION 2.- BUILDING PERMITS Sec.86-52 - When required. A person, firm or corporation shall not construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or erect, or construct a sign, or install or alter fire extinguishing apparatus, elevators, engines, steam boiler, furnace, incinerator, or other heat producing apparatus, plumbing, mechanical or electrical equipment or any appurtenances, the installation of which is regulated by the land development regulations or other sections of the Code until a permit has been issued by the building official ARTICLE III.- RESIDENTIAL,COMMERCIAL,BUSINESS AND INDUSTRIAL MINIMUM STANDARDS Sec.14.70- Same—General maintenance. The exterior of every structure or accessory structure (including fences, signs, screens and store fronts) shall be maintained in good repair, termite free and all surfaces thereof shall be kept painted or have similar protective coating where necessary for purpose of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective of deterioration or inadequate maintenance to the end which the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties will be protected from conditions which tend to decrease the property values of surrounding properties. • (1) All reconstruction of walls and sidings shall conform to the requirements of the Standard Building Code and shall be finished in a manner such that the materials used will not be of a kind which by their appearance, under prevailing practices and standards, will depreciate the values of the neighboring and adjoining premises. (2) Floors, interior walls and ceilings of every structure shall be structurally sound. (3) Floors shall be considered to be structurally sound when capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be smooth, free from cracks, breaks and other hazards. (4) All roofs shall have a suitable covering free of holes, cracks or excessively worn surfaces, which will prevent the entrance of moisture into the structure and provide reasonable durability. Metal roofs showing signs of corrosion shall be painted with an approved product or have similar protective coating applied in accordance with the manufacturer's specifications. (5) Washrooms and water closet compartment floors shall be surfaced with water resistant materials and shall be kept in a sanitary condition at all times. (6) Supporting structural members are to be kept structurally sound, free of deterioration and capable of bearing imposed loads safely. (7) Walls and ceilings shall be in good repair, free from excessive cracks, breaks, loose plaster and similar conditions. Walls shall be provided with paint, wall covering materials or other protective covering. (8) Every washroom and water closet compartment shall be provided with permanently installed lighting fixtures with a switch and wall plate so located and maintained to ensure there is no danger of short circuiting from water, from other bathroom facilities or from splashing of water. (9) All premises shall be properly connected to and be provided with electric power through safely insulated conductors and shall conform to al provisions of the National Electrical Code. (10) The owner/occupant shall have the duty and responsibility of providing storage containers for the storage and disposal of garbage. (11) Foundation and walls shall be maintained structurally sound, free from defects and damage and capable of bearing imposed loads safety. (12) Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects and so maintained as to capably perform at all times the function for which they are designed. Chimneys, flues, gas vents, or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable, smoke tight and capable of withstanding the action of flue gases. (13) Exterior porches, landings, balconies, stairs and fire escapes shall be provided with railings properly designed and maintained to minimize the hazard of people falling, and the same shall be kept structurally sound, in good repair and free from defects INTERNATIONAL PROPERTY MAINTENANCE CODE VIOLATIONS 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices,porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.13 Window, skylight and door frames. Every window,skylight, door and frame shall be kept in sound condition, good repair and weather tight. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 309.4 Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and OHmer shall be responsible for pest elimination. [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, Inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. E. OLD BUSINESS F. ADJOURNMENT Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The law does not require the City Clerk to transcribe verbatim minutes; therefore, the applicant must make the necessary arrangements with a private reporter or private reporting firm and bear the resulting expense. In accordance with the Americans with Disability Act and F.S. 286.26; any person with a disability requiring reasonable accommodation in order to participate in this meeting should call 727-391-9951 or fax a written request to 727-399-1131. BROADCAST ON SPECTRUM GOVERNMENT ACCESS CHANNEL 640 Posted: December 8TH , 2017