04/25/1990 (2)
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Case No. 27-90
Sophia's Pizza Restaurant, Inc. (land Development Code)
1710 N. Hercules Ave.
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Geri Doherty, Development Code Inspector, stated she first inspected the
property July 28, 1989 and found a portable sign in front of the business for
which a permit had not been obtained. City submitted exhibit A, a photograph
of the sign. She phoned the business and was told the owner was out of town.
She visited the property again August 3rd and the sign was still there. She
spoke to the owner and he agreed to remove the sign. On September 29th, the sign
was still displayed along with a cold air balloon with banner. Upon visiting
the property October 3rd, the sign and balloon had been removed. On March 23,
1990, Ms. Doherty noticed another portable sign had been placed in front of the
business without any lettering. City submitted exhibit B, a photograph taken
March 23, 1990 of the sign. She phoned the restaurant and Mr. Drakakis, owner
of the business, stated the sign was not his; it had been delivered by mistake
and was to be removed. Ms. Doherty passed by the business on Sunday, March 25th,
at which time there was a sign with an advertisement for a breakfast special.
She served notice of violation March 26 giving Mr. Drakakis one hour to remove
the sign, but he did not comply. Ms. Doherty stated Sophia's Pizza Restaurant,
Inc. was in violation of Section 134.017(a) of the City Code, being a sign not
provided for in the Code.
The Assistant City Attorney requested the Board take judicial notice of
the section in violation.
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Ms. Doherty stated the sign was not removed on time, but has been removed
prior to today's hearing.
The Assistant City Attorney requested the reference code section be
stricken from the Affidavit of Violation and Request for Hearing.
Peter Drakakis, owner of Sophia's Pizza Restaurant, Inc., stated he opened
the business September 1, 1989. Business was slow; he asked the City for
permission to use the sign but was not allowed. He stated he put the sign there
to try and bring in customers. In response to a question, Mr. Drakakis stated
the sign on the front of the restaurant is not sufficient to bring in customers
as he is the only business, the other occupants of the center being warehouses
which close at 4 p.m.
In response to questions, Ms. Doherty stated the occupational license was
acquired August 14th and the portable sign was there August 1st and 30th and no
permit had been issued. She stated there is provision for a grand opening sign
which is allowed only within 60 days of opening of a business.
Discussion ensued regarding a more specific reference to the Code section
violated and itwas requested the Affidavit be amended to include such reference.
Mr. Aude moved to amend the Affidavit of Violation to include Sec.
134.012(7) as a reference to the code section violated. The motion was duly
seconded and carried unanimously.
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MCEB
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4/25/90
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Mr. Cardinal moved that concerning Case No. 27-90 regarding violation of
Section 134.017(a)(1) and specifically 134.012(7) of the Clearwater City Code
on property located at 1710 N. Hercules Ave., Suites 107 & 108 a/k/a M&B 34.36,
Sec. 01-29-15, the Municipal Code Enforcement Board has heard testimony at the
Municipal Code Enforcement Board hearing held the 25th day of April, 1990, 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: after hear ing test imony of Geri Doherty,
Development Code Inspector, and Peter Drakakis, President of Sophia's Pizza
Restaurant, Inc. and viewing the evidence, exhibits submitted: City exhibits A
& B, photographs of the property, it is evident that illegal portable signs have
been erected at the above referenced location, that this condition was corrected
and recurred. It is further evident that the condition was corrected prior to
this hearing.
The Conclusions of Law are: Soph ia' s P izzn Restaurant, Inc. ~ in
violation of Section 134.017(a)(1) by being in violation of 134.012(7).
It is the Order of this Board that Sophia's Pizza Restaurant, Inc. shall
comply with Section 134.017(a)(1) by being in compliance with Section 134.012(7)
of the Code of the City of Clearwater. If Sophia I s Pizza Restaurant, Inc.
repeats the violation, the Board may order them to pay a fine of $50.00 per day
for each day the violation exists after Sophia's Restaurant. Inc. is notified
of the repeat violation. Should the violation reoccur, the Board has the
authority to impose the fine at that time without a subsequent hearing. Should
a dispute arise concerning compl iance I either party may request a further hearing
before the Board. Any aggrieved party may petition the Board to reconsider or
rehear any Board order resulting from a Public Hearing. A Petition for Rehearing
must be made in writing and filed with the Board Secretary no later than thirty
days after the execution of the order and prior to the filing of any appeal.
Upon receipt of the Petition, the Board wi 11 consider whether or not to
recons ider or rehear the case. The Board wi 11 not hear ora 1 argument or evi dence
in determining whether to grant the Petition to Reconsider or Rehear. The motion
was duly seconded and carried unanimously.
Done and Ordered this 25th day of April, 1990.
UNFINISHED BUSINESS
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Case No. 90-1-2-1
Joseph J. Sorota, Jr., TRE.
M&B 41.12, Sec 18-29-16
Affidavit of Compliance
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No.
90-1-2-1. The motion was duly seconded and carried unanimously.
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MCEB
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4/25/90
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