07/11/1984
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MUllICIPAL CODE ENFORCEMENT BOARD
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Meeting of July 11, 198~, 2:00 p.m.
Agenda
ACTION
1.
(At
for comp liance
time set the fee
non-compliance. )
PlIbl1c Hearings
the time a case is heard and date
the Board shall at the
to be assessed
1.
Public Hearings
set
same
in case of
b.
Comply by 9/11/8~
Comply by 9/11/84
Withdrawn
a.
b.
c.
35 -84
36-84
38-84
Arbor Advertising (License)
Bay Area OUtdoor (License)
Enterprise Outdoor (License)
CoIIplied
U.S. Sea Rescue (Zoning)
a.
c.
d.
50-8ll
d.
Comply by 8/15/84
2. Dht1nished Business
None
a.
Otber Board lction
53-82 Richard Koontz - request to
address board re fine.
Land Development Code discussion
3.
Other Board Action
Forgave fine
3.
a.
b.
b.
Postponed to 8/8/84
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II.
lfev BusinesS
II.
None
5.
~tes or June 13, 19BII meeting
5.
Approved
6.
ldjOUl'llMnt
6.
3:35 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
July 11, 1984
Nembers present:
,John Ehrig, Chairman
Don Winner, Vice-Chairman
James AngeUs
Robert Aude
John F. Gerlach
Robert Hostetler
(arr.
(arr.
2:05 p.m.)
2:20 p.m.)
Absent:
Robert Yankanich (unexcused)
Also present:
Thomas Bustin, City Attorney
Cyndie Goudeau, Secretary for the Board
The meeting was called
Commission Meeting Room in City Hall.
advised any aggrieved
CD
to order by the Chairman at 2:01 p.m. in the
He outlined the procedures and
party may appeal a final administrative order of
the Municipal Code Enforcement Board to the Circuit Court of Pine lIas
County. Any such appeal must be filed within thirty (30) days of the
execution of the order to be appealed. He noted that Florida Statute
286.0105 requires any party appealing a decision of this Board to have
a verbatim record of the proceedings to support such an appeal.
PlBLIC HURINGS
Case Ho. 35-84
Arbor Advertising (License Code)
This case was continued from the June 13, 1984 meeting as the alleged
violator had not received the notice of hearing. Occupational License
Inspector Syd Snair reviewed the case stating an ordinance adopted January
5, 1984 requires billboards to have licenses. Arbor Advertising has
billboards at 11 locations with 22 faces. A citation was issued on March
5, 1984 and as of this time no license has been obtained.
Andy Bylenga of Arbor Advertising
fee was unfair. He requested the item
him to meet with the
expressed concerns that
ordinance reqUiring the
stated he felt the $125.00 per face
be continued to September to allow
Commission to have the ordinance amended. He
companies with billboards were unaware the
license was being adopted.
Discussion ensued regarding the scope of the Code Enforcement Board
in that they are to determine whether or not there is a violation and not
debate the fairness of an ordinance.
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July 11, 1984
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Mr. Winner moved that regarding Case No. 35-84 re: violation of
Section 71.02 of the Clearwater City Code on property with a legal
description as follows: various locations in the City, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held this 11th day of July, 1984, and based on the evidence,
the Municipal Code Enforcement Board enters the following Findings of
Fact, Conclusions of Law, and Order.
The Findings of Fact are testimony by City Inspector Syd Snair and
Mr. Andy Bylenga showed that Arbor Advertising has not paid an occupational
license enacted on January 5, 1984.
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The Conclusions of Law are Arbor Advertising is in violation of
Section 71.02.
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It is the Order of this Board that Arbor Actvertising Company shall
comply with Section 71.02 of the Code of the City of Clearwater by
September 11, 1984. If Arbor Advertising Company does not comply within
the time specified, he shall pay a fine of $10.00 per day for each day
the violation continues to exist. If Arbor Advertising Company does not
comply within the time specified, a certified copy of this Order, together
with an Affidavit of Non-Compliance, shall be recorded in the public '
records of the Office of the Clerk of the Circuit Court in and for Pinellas
County, and once recorded shall constitute a lien against some property
owned by Arbor Advertising Company , pursuant to Chapter 80-300 Laws of
Florida, 1979. Upon complying, Arbor Advertising Company shall notify
Syd Snair, the City Official who shall inspect the property and notify
the Board of compliance. Should a dispute arise concerning compliance,
either party may request a further hearing before the Board. The motion
was duly seconded and upon the vote being taken Messrs. Angelis, AUde,
Hostetler, Winner and Ehrig voted "Aye;" Mr. Gerlach voted "Nay." Motion
carried .
Done and Ordered this 11th day of July, 1984.
Case No. 36-84
Bay Area Outdoor (License Code)
This case was continued from the June 13, 1984 meeting at the request
of the alleged violator, Mr. John Lee, as he was called out of town.
Occupational License Inspector Syd Snair stated this case is similar to
the previous one with Bay Area Outdoor have billboards in 2 locations with
4 faces. The citation was issued on March 30, 1984 and as of this
time no license has been obtained.
Mr. Lee was not present at the meeting. The Secretary stated she
had informed Mr. Lee this hearing had been continued to this date by
telephone and letter.
A
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2.
Ju ly 11, 1984
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Mr. Winner moved that regarding Case No. 36-84 re: violation of
Section 71.02 of the Clearwater City Code on property with a legal
description as follows: various locations in the City, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held this 11th day of July, 19B4, and based on the evidence,
the Municipal Code Enforcement Board enters the following Findings o~
Fact. Conclusions or Law. and Order.
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The Findings of Fact are testimony by City Inspector, Syd Snair,
showed that Bay Area Outdoor has not paid an occupational license enacted
by the Cit Commission on January 5, 1984.
The Conclusions of Law are Bay Area Outdoor is in violation of
Section 71.02.
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It is the Order of this Board that Bay Area Outdoor shall comply
with Sec 11.02 of the Code of the City of Clearwater by September 11,
1984. If Bay Area Outdoor does not comply within the t1me specified, he
shall pay a fine of $10.00 per day for each day the violation continues
to exist. If Bay Area Outdoor does not comply within the time specified,
a certified copy of this Order, together with an Affidavit of Non-
Compliance, shall be recorded in the public records of the Office of the
Clerk of the Circuit Court in and for Pinellas County, and once recorded
shall constitute a lien against some property owned' by Bay Area OUtdoor,
pursuant to Chapter 80-300 Laws of Florida, 1979. Upon complying, Bay
Area OUtdoor shall notify Syd Snair, the City Official who shall inspect
the property and notify the Board of compliance. Should a dispute arise
concerning compliance, either party may request a further hearing before
the Board. The motion was was duly seconded and carried unanimously.
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Done and Ordered this 11th day of July, 1984.
Case No. 38-84
enterprise OUtdoor (License Code)
The City Attorney moved that this case be withdrawn as compliance
has be obtained. Mr. Winner moved to accept the request for withdrawal.
The motion was duly seconded and carried unanimously.
Case No. 50-84
u.s. Sea Rescue Service (Zoning Code)
City Zoning Enforcement Officer Ray Wyland stated the property had
been inspected on June 8th and June 19th, 1984 and boats were found being
stored on the property. Exhibits #1A - 1C, pictures showing the location
of the boats on the property, and Exhibits ~2 and 3, 1982 and 1983 license
applications for an office at this location, were submitted into evidence.
Mr. Wyland stated storage of boats is allowed in a CO zone only as a
special exception. No special exception has been granted to this
property.
There were no representatives from U.S. Sea Rescue Service present
~J at the meeting. The Secretary reported the return receipt for the notice
','Q of hearing is on file.
3.
July 11, 1984
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Mr. Aude moved that regarding Case No. 50-84 re: violation of Section
131.141 of the Clearwater City Code on property with a legal description as
follows: Lots 4-11 and part of lots 16 & 17, Blk 4 Overbrook Sub. located
at 1379 Gulf to Bay Blvd., the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 11th day
of July, 198~, and based on the evidence, the Municipal Code Enforcement Board
enters the following Findings of Fact, Conclusions of Law, and Order.
The Findings of Fact are according to testimony of Mr. Ray Wyland, City
Zoning Inspector, U.S. Sea Rescue Service is storing boats in a CG zone.
The Conclusions of Law are U. S. Sea Rescue Service is in violation of
Section 131.141 of the City of Clearwater Code.
C)
It is the Orde~ of this Board that U.S. Sea Rescue Service shall comply
with Sec 131.141 of the Code of the City of Clearwater by August 15, 1984.
If U.S. Sea Rescue does not comply within the time specified, he shall pay a
fine of $25.00 per day for each day the violation continues to exist. If U.S.
Sea Rescue Service does not comply within the time speCified, a certified copy
of this Order, together with an Affidavit of Non-Compliance, shall be recorded
in the public records of the Office of the Clerk of the Circuit Court in and
for Pine lIas County, and once recorded shall constitute a lien against some
property owned by U.S. Sea Rescue Service, pursuant to Chapter 80-300 Laws of
Florida, 1979. upon complying, U.S. Sea Rescue Service shall notify Ray Wyland,
the City Official who shall inspect the property and notify the Board of
compliance. Should a dispute arise concerning compliance, either party may
request a fUrther hearing before the Board. The motion was duly seconded
and carried unanimously.
DONE AND ORDERED this 11th day of July, 1984.
The Board recessed from 3:15 to 3:18 p.m.
UNFDISHED BIlSDfESS
None.
orDER BOARD ACTION
Case Ho. 53-82
Richard Koontz
Mr. Koontz requested to address the Board regarding the fine and lien
levied against his property. He stated he purchased the property in
February of 1983 aware of the code violation on the property and with 70
days remaining in the compliance period. He stated the structure required
alot more work than he had anticipated. He presented to the Board a series
of pictures Showing the stages of work he had performed on the property.
Mr. Koontz requested the fine be forgiven.
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Ju ly 11, 1984
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closely and Mr.
of work to bring
City Housing Inspector Ulen Hopkins stated he had watched this case
Koontz had been very cooperative and had done a great deal
the bu ilding into compliance.
Mr. Gerlach moved that the $3,720.00 fine pending against
Blk D, Belleview Court be forgiven and that the lien released.
motion was duly seconded and carried unanimously.
Lot 17
The
Discussion of Land Development Code
The Board expressed a desire to have more time to study the document
and by consensus postponed this discussion until the meeting of August
8, 1984. Written comments or questions are to be submitted to the
Secretary by August 1, 1984.
HEW BUSINESS
None.
MItlurES
The Chairman presented the minutes of the meeting of June 13, 198~
consideration. Mr. Winner moved the minutes be approved as submitted.
motion was duly seconded and carried unanimously.
, for
The
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ADJOtJRNMEHT
The meeting adjourned at 3:35 p.m.
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City .Clerk
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July 11, 1984