01/11/1989 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of January 11, 1989, 1:00 p.m.
Agenda
PUBLIC HEARINGS
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Action
(At the time a case is heard and date set for compliance the Board shall, at the
same time, set the fee to be assessed in case of non-compliance.)
Public Nuisance List 89-01-1
Case No. 12.5-88 Mihailo & Azra Jevtic
(Land Development Code)
Cont. from 11/9/88
Complied
Case No. 129-88 John C. Gardner
(Standard Housing Code)
S Case No. 130-88 John Mavrogiannis
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dba Import Auto Clinic
(Development Code/Signs)
Case No. 131-88 Al Clark. Incorporated
(Life Safety Code)
Complied
Case No. 138-813 Antonios HBrkopoulos
(Building Code)
To be withdrawn
OTHER BOARD ACTION
Fine Status Report
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No action.
Withdrawn.
Cant. to 2/8/89
Comply within 60 days.
(3/13/89)
Withdrawn.
Withdrawn.
Reviewed, directedl
foreclosure re Cases
119-87 & 147-87; file
liens re Cases 58-88 &
70-88; send notification
re accrued fine, possible
foreclosure Case No. 143-87.
1/11/89
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CODE ENFORCEMENT LOT CLEARING LIST 89-01-1, 1/11/89
1.
At or about
Oakwood SUB; Lots 14 fi
Owned by: Kirk Driver,
St. Petersburg, Floria
606-608 North
15; parcel
DOuglas J.
33707.
Fort Harrison Ave; G.L. Bidwells
#09/29/15/08622/000/0140.
Burns, 6500 Central Avenue,
2. 1453 Sunset Point Road;
#02/29/15/00000/320/0500. OWned
Stores 6408, 1336 Alegriano
1102.
Metes & Bounds
by:
Avenue, Coral
32-05; parcel
Anne M. Caballero c/o
Gables, Florida
Farm
33146-
3. Vacant lot about
Addition, Block D, Lot
by: Sharon L. Jackson
Florida 34630
1844 Overbrook Drive; Sunset Point 1st
8; parcel #03/29/15/88110/004/0080. OWned
TrustGG, 89 Windward Way, Clearwater,
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Item #1
Kirk Driver, Douglas J. Burns
Lots 14 & 15, G.L. Bidwells Oakwood Sub.
a/k/a 606-608 North Fort Harrison Ave.
Vicki Neimiller, Sanitation Inspector. stated she verified ownership and
notified the owners of the violation by certified mail. She stated she first
inspected the property. a vacant lot, on December 6. 1988. The lot was overgrown
and full of debris. Ms. Neimiller stated the lot has been mowed but the debris and
still remains and the sidewalk has not been cleared of the overgrowth.
Item #2
Anne M. Caballero
M&B 32.05. Sec. 2-29-15
a/k/a 1453 Sunset Point Rd.
Vicki Neimiller, Sanitation Inspector. stated she verified ownership and
notified the owner by certified mail of the violation. She stated the property is
overgrown and as of this morning, the violation still exists.
Item #3
Sharon L. Jackson, Trustee
Lot 8. Blk. D, Sunset Point 1st Addn.
a/k/a 1844 Overbrook Dr.
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Vicki Neimiller, Sanitation Inspector,
notice of violation was sent certified mail to
was overgrown and there was a pile of brush on
morning. the property was still in violation.
stated ownership was verified and
the owner. She stated the property
it. Ms. Neimiller stated as of this
The Assistant City Attorney requested the Board take judicial notice of the
Code sections cited regarding Items 1-3, Public Nuisance List 89-01-1.
Case No. 125-88
Mihailo & Azra Jevtic
(Land Development Code)
(Cant. from 11/9/88)
The Secretary to the Board requested this case be withdrawn as the violation
has been corrected.
Mr. Cardinal moved to withdraw Case No. 125-88.
and carried unanimously.
The motion was duly seconded
Case No. 129-88
John C. Gardner
(Standard Housing Code)
The Inspector requested this case be continued to the February meeting as the
violation is being corrected.
Mr. Elliott moved to continue Case No. 129-88 to the meeting of February 8.
1989. The motion was duly seconded and carried unanimously.
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1/11/89
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Case No. 130-88
John Mavrogiannis
d/b/a Import Auto Clinic
(Land Development Code/Signs)
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Geri Doherty. Development Code Inspector, stated she observed the signs in
question on or about September 26, 1988. She stated she also received a complaint
regarding the signs in question. She stated Sections 134.013(a) and 134.017(a)(1)
require all signs be permitted and consistent with the City Code. The zoning in
the eastern corridor of urban center is commercial.
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The Assistant City Attorney requested the Board take judicial notice of the
Code sections cited.
The City submitted Composite Exhibit A. four photographs of the property taken
January 4. 1989, depicting the signs on the property.
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Ms. Doherty stated a permit was issued for a 56 square foot wall sign which
constituted their one allowable property I.D. sign. She stated no other permits
were issued, however. there are 22 additional signs on the building including many
logo type signs of different make cars and the Import Auto Clinic signage which
wraps around all four sides of the building. Ms. Doherty stated the permit issued
was for one sign on the front of the building only. She spoke with the violator
and sent a notice of violation on October 12, 1988 and another notice on November
9. 1988. Ms. Doherty stated each logo constitutes a sign for which no permits have
been issued.
In response to questions, Ms. Doherty stated it is possible to turn all the
logos into one sign providing it does not e~ceed the square footage allowed. She
stated an amended sign permit ~as issued to list the permitted sign as the
property I.D. sign instead of the business I.D. sign. In response to a question
regarding Code requirements for how the square footage of a sign is calculated, Ms.
Doherty stated the Code Administrator provides interpretations of the Development
Code. Ms. Doherty stated the sign painter applied for the permit that was issued
and supplied a drawing of the sign depicting 56 square feet of signage. The City
submitted Exhibit B, a copy of the application for the permit for the Import Auto
Clinic sign.
John Mavrogiannis, owner of the property, stated all the signs were painted
at the same time. The drawing ~as submitted after the application was filed but
prior to the issuance of the permit. When questioned regarding the square footage
depicted on the application, Mr. Mavrogiannis stated it was determined by the City.
He stated Ms. Doherty informed him he was allowed an additional 124 square feet of
signs. In response to a question, Mr. Mavrogiannis stated his intent was to place
all the signage when the application was filed.
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Ms. Doherty stated the drawing of the sign on the north side of the building
was submitted prior to i:.lsuance of the permit at which time she was not aware of
the additional signage. She stated the permit is for the sign "Import Auto Clinic.
on the front of the building. In response to questions, Ms. Doherty stated the
size was calculated by Code requirements. She stated the size on a permit is all
that is permitted even if actual allowance per zoning is larger. She stated the
total square footage that could be allowed is 128 square feet and the existing
signage is approximately 237 square feet.
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Attorney George Greer moved to dismiss the case as the Code is vague and
subject to interpretation.
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The Assistant City Attorney stated Section 137.031 gives the responsibility
of Code interpretation to the Code Administrator.
Attorney Greer again requested dismissal based on 1) Article IV, Florida
Construction Code and 2) the sign code is vague and ambiguous.
Consensus of the Board was to deny Mr. Greer's motions to dismiss as they are
not empowered to debate the legality of the Code.
In closing the Assistant City Attorney stated the
obtain permits for the additional signs. He stated the
sign "Import Auto Clinic. on the front of the building.
alleged violator failed to
permit was issued for the
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Mr. Greer stated his client obtained a sign permit and was under the
impression he could have his signs put on the building.
Discussion ensued regarding the calculation of the size of the signage if all
were to be considered as one sign and the signs sti11 exceed allowable square
footage.
Mr. Cardinal moved that, concerning Case No. 130~88 regarding violation of
Sections 134.013(a) and 134.017(a)(1) of the Clearwater Cit~ Code on property
located at 1261 Cleveland St., Clearwater, Fla., the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held the
11th day of January, 1989. and based on the evidence, the Municipal Code
Enforcement Board enters the following Findin~s of Fact. Conclusions of Law and
Order.
The Findin~s of Fact are: after hearing testimony of Geri Doherty, Development
Code Inspector, John Mavrogiannis and George Greer, attorney representing Mr.
Mavrogiannis, and viewing the evidence, exhibits submitted: City exhibits A & B, it
is evident signs at said business exceeds that allowable by City Code and signs
were placed without permits.
The Conclusions of Law are: John Mavrogiannis d/b/a Import Auto Clinic is in
violation of Sections 134.0~3(a) and 134.017(a)(1).
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It is the Order of this Board that John Mavrogiannis shall comply with
Sections 134.013(a) and 134.017(a)(1) of the Code of the City of Clearwater within
60 days (3/13/89). If John Mavrogiannis does not comply within the time specified,
the Board may order him to pay a fine of $25.00 per day for each day the violation
continues to exist. If John Mavrogiannis 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 violator pursuant to
Chapter 162, Florida Statutes. Upon complying, John Mavrogiannis shall notify Geri
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. The
motion was duly seconded and upon the vote being taken, Mr. Aude, Mr. Cardinal, Mr.
Elliott, Mr. Ange1is" Mr. Morris and Mr. Zinzow voted "aye." Mr. Morris voted
"nay." Motion carried.
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Done and Ordered this 11th day of January. 1989.
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Case NO. 131-88
Al Clark, Incorporated
(Life Safety Code)
Complied Prior
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The Secretary to the Board requested this case be withdrawn as the violation
has been corrected.
Mr. Elliott moved to withdraw Case No. 131-88. The motion was duly seconded
and carried unanimously.
Case No. 138-88
Antonios MBrkopoulos
(Building Code)
Complied Prior
The Secretary to the Board requested this case be withdrawn as the violation
has been corrected.
Mr. Elliott moved to withdraw Case No. 138-88. The motion was duly seconded
and carried unanimously.
OTHER BOARD ACTION
Fine Status Report
The Fine Status Report was reviewed.
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Case No. 119-87
Jeralne Burt (Fire Code)
!ill9.
Case No. 147-87
Jeralne Burt (Unsafe Buildings)
Discussion ensued regarding the current status of the subject property located
at 1113 Tangerine Street. The Board requested the Building Inspector revisit the
property.
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147-87.
Elliott moved to direct foreclosure proceedingti in Case Nos.
The motion was duly seconded and carried unanimously.
119-87 and
Case No. 143-87
Roberto DiGiovanni (Land Development Code)
The Board directed the Secretary to send a letter to Mr. DiGiovanni informing
him the Board can direct foreclosure if payment is not received.
Case No. 58-88
Anne Graffunder d/b/a P.M.M. Capital, Inc.
(Occupational License)
and
Case No. 70-88
Craig Burlett d/b/a Century Soft Water Co. Inc.
(Occupational License)
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Mr. Cardinal moved to file the liens in Case Nos. 58-88 and 70-88.
was duly seconded and carried unanimously.
The motion
NEW BUSINESS
Discussion - Rules and Regulations
Discussion ensued regarding
need review. Some of the items
times, agendas, attendance.
subpoenas.
some of the current rules and regulations that
suggested for further discussion were meeting
yearly organizational meeting. and process of
Consensus was to schedule further discussion for February 8. 1989
regular meeting.
after the
Election - Chairman and Vice-Chairman
Mr. Cardinal moved to elect Mr. Elliott as Chairman and Mr. Aude as Vice-
Chairman. The motion was duly seconded and carried unanimously.
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