02/11/1987
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MUNICIPAL CODE ENFORCEMENT BOARD
o
February 11, 1987
Members present:
Robert Hostetler, Vice-Chairman
Tim Amburgy
Phillip Elliott
Bruce Cardinal
Absent:
Robert Aude,
Frank
James
Chairman (excused)
Morris (excused)
W. Angelis (unexcused)
Also present:
Alan Zimmet, Assistant City Attorney
Cyndie Goudeau, Secretary for the Board
.
the Vice-Chairman at 1:05 p.m. in the
He outlined the procedures and advised
any aggrieved party may appeal a final administrative order of the Municipal
Enforcement Board to the Circuit Court of Pinellas County. Any such appeal
within thirty (30) days of the execution of the order to be
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.
The meeting was called to order by
Commission Meeting Room in City Hall.
Code
must be filed
appealed.
PUBLIC II&lRIIGS
ClSE RO.
1-87
Larry Lambos (Building Code)
The Assistant City Attorney requested this case be withdrawn as the
violation has been corrected.
Mr. Cardinal moved to withdraw Case No. 1-87.
and carried unanimously.
Motion was duly seconded
CA.SE RD. 2-87
Julijan Bugar (Land Development Code/Signs)
Geri Doherty, Development Code Inspector, stated there are three (3) signs
at JB Family Restaurant on Clearwater Beach; two (2) of which are in violation
of the Code as only one sign is allowed.
#1, a copy of Section 134.010(3)(a)(1), beach
Exhibit #2, a zoning atlas page showing the location
property; Composite Exhibit n3a - c, photographs of the signs
and Exhibit U4, a copy of the canopy sign permit application for JB Family
Restaurant dated October 23, 1986.
City submitted Exhibit
commercial zoning district;
and zoning of the
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Miss Doherty stated she has had no discussion with Mr. Bugar regarding
the signs in violation. She has spoken with Mr. Bugar's father-in-law who
stated the signs existed prior to Mr. Bugar's acquisition of the restaurant.
Miss Doherty stated a permit would be required to change the name on an existing
sign and no permit has been issued. She said she had spoken to Eric Peterson,
a resident livirtg on the west side of the restaurant, who stated the signs in
violation had not eKisted prior to Mr. Bugar's opening the JB Family
Restaurant. The occupational license transfer to JUlijan Bugar was dated June
30, 1986.
Julijan Bugar stated one of the two signs in violation is a previously
existing sign and one is a new sign. Mr. Bugar stated he did change the name
on the eKistlng sign from Sunset Family Restaurant to JB Family Restaurant.
He stated when he applied for a sign permit, he was told the signs were in
violation and no permits were issued.
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The Assistant City Attorney stated because no permit was issued for the
existing sign it too is an illegal sign.
Mr. ~lliott moved that concerning Case No. 2-87 re: violation of section
13'.017(a)(1) of the Clearwater City Code on property having a legal
description of Lot 41, Block A, Barbour-Morrow Sub., Sec. 8-29-15, the Municipal
Code Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held the 11th day of Pebruary, 1987, and based on the evidence,
the Municipal Code Enforcement Board enters the following Findings or Faot,
Conolusions of Law, and Order.
<=> The Findings ot Fact are: After hearing testimony of Geri DOherty,
Development Code Inspector, and Julijan Bugar and viewing the evidence, exhibits
submitted: City Exhibits 01-4 it is evident that there is a total of three (3)
signs in a CB zoning district: two (2) are in excess of what the Code allowsj
one (1) is an eKisting sign for which no permit was issued and is therefore
illegalj and one (1) is a new sign.
The Conolusions or Law a~e: Julijan Bugar is in violation of Section
134.017(a)(1).
<0
It is the Order of this Board that Julijan Bugar shall comply with
Section 134.017(a)(1) of the Code of the City of Clearwater by March 10. 1987.
If Julijan Bugar does not comply within the time specified, the Board may order
him to pay a fine of $50.00 per day for each day the violation continues to
exist. If JUlijan Bugar does not comply within the time specified, a certified
copy of the Order imposing the fine may be recorded in the public records of
Pine lIas County, Florida, and once recorded shall constitute a lien against
the land on which the violation exists if the violator owns the land, and a
lien against any other real or personal property owned by the violator pursuant
to Chapter 162, Florida Statutes. Upon complying, Julijan Bugar shall notifY
Ger~ Doherty, the City Official who shall inspect the property and notifY
the Board of compliance. Should the violation recur, the Board has the
authority to impose the fine at that time without a subsequent hearing. Should
a dispute arise concerning compliance, either party may request a further
hearing before the Board. MOtIon was duly seconded and carried
unanimously.
Done and Ordered this 11th day of February, 19B7.
_ 2.lJ ,1/87. :'''':~_
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CASE liD. 3-87
Bill Jones/National Inflight Group
(Occupational Lioense Code)
The Assistant City Attorney requested the case be withdrawn as the
violation has been corrected.
Mr. Elliott moved to withdraw Case ~o. 3-87.
and carried unanimously.
Motion was duly seconded
CASK NO. "-81
J. Simzer/Jet Brokers International
(Occupational License)
CASK KO. 5-81
F. Severino, L. Webb/A American Moving
(Occupational License)
The Assistant City Attorney requested these cases be withdrawn as the
violations have been oorrected.
Mr. Elliott moved to withdraw Case Nos. 4-87 and 5-87.
seconded and oarrled unanimously.
Notion was duly
ClSE RD. 6-81
Ward's Seafood (3-W Seafood, Inc.)
(Land Development Code/Signs)
The
of March
Assistant City Attorney requested
11,1987.
this case be continued to
the meeting
o
Mr. Cardinal moved to continue Case No. 6-87 to the meeting or March 11,
1987. Motiom was duly seconded and carrIed unanimously.
CASE RO. 7-87
Richard Ricardo (Land Development Code/Signs)
The Assistant City Attorney requested this case be withdrawn as the
violation has been corrected.
Mr. Amburgy moved to withdraw Case No. 7-87.
and carried unanimously.
MOtion was duly seconded
OIFDISIIED BtJSIllESS
CASE RO. 511-86
Peter Panagakis/Artemis Restaurant
Att'idavlt ot' CoIIP1.1aIloe
CASE liO. 80-86
Network Video, Inc.
Att'ldavIt ot' ColIP11ance
Mr. Amburgy moved to accept the Affidavits of Compliance in Case ~os. 54-86
and 80-86. MOtion was duly seconded and carried unanimously.
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CASE NO. 117-86
St. Andrews Cove II Condominiums
Address the Board re Accrued Fine
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Scott Brainard, Attorney representing St. Andrews Cove II Condominiums,
stated the contractor hired by the condominium association to install the fire
alarm system was incompetent and unable to complete the installation. The
condominium association then hired another contractor who completed the
installation of the fire alarm system after the compliance date set in the
Order issued by the Board.
Mr. Brainard requested the Board forgive the accrued Cine in Case No. 47-86
due to the contractor's incompetence in completing the job.
Harry Mattheus, Life Hazard Safety Inspector, stated the work was started
within the 30 day period speCified in the Board's Order and it would be up to
the Board whether to forgive the fine. Mr. Mattheus stated the contractor is
no longer in the fire alarm installation business.
Mr. Amburgy moved that, in light
St. Andr0ws Cove II and their attempt
fine of $2,350.00 should be forgiven.
unanimously.
of the problems beyond the control of
to comply with the Board's order, the
MOtion was duly seconded and carried
OTBER BOARD ACTION
Lien Status Report
CASK 10. 211-86
Jonathan Silverman
o
The Assistant City Attorney stated he has found no real property in
Pinellas County owned by Mr. Silverman and he is still researching to see if
there is any property on which to foreclose.
CASK KO. 15-86
Jamie Qualls/Sunnydale Cabinet Shop
The Secretary to the Board stated this case is old enough for foreclosure.
No action was taken.
l'IBV BUSIDSS
The Secretary to the Board stated as of the end of this month, the
Assistant City Clerk, Shirley Corum, will be Secretary to the MuniCipal Code
Enforcement Board.
MIIItJTKS
The Vice-Chairman presented the minutes of the meeting of January 14, 1987
for consideration. Mr. Elliott moved to approve the minutes as submitted.
Motion was duly seconded and carried unanimously.
The meeting adjourned at 1:46 p.m.
Q~
VIce-Chairman
.
Attest:
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2/11/87