11/27/1991 (2)
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CEB
MUNICIPAL CODE ENFORCEMENT BOARD
DATE /1/1.1/1/
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of November 27, 1991, 3100 p.m.
Agenda
Action
PUBLIC BEARINGS
(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-complia~ce.)
Case No. 48-91
National Advertising Company
22726 U.S. 19 North
(Land Development Code)
Continued from 11/13/91
Steve Lyon/Victoria's Island Wear
North of /~23 Uandn!ny Avenuo
(Land Development Code)
Continued to 12/11/91
Case No. 59-91
Ca.se No. 61-91
Steve Milby
1601 Sherwood Street
(Land Development Code)
Complied Prior
Complied prior; if repPosts
tdolation. IIIllY be fl11r,;I~ ,$.50
for each day of repeat
violation
~ithdrawn
UNFINISHED BUSINESS
fot , .Affidavits of Compliance
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'.0' Case No. 130-88 John Mavrogiannis
dba Import Auto Clinic
1261 Cleveland Street
Accepted Affida.vits
Case No. 2-91 Fifteen S Lincoln Associates
1261 Cleveland Street
Case 91-9-1 #6 Resolution Trust Corp
1161 Sedeeva Street
Cnse 91-9-2 #3 Charlotte M Powers
1631 Drew Street
Case 91-9-2 15 Louisiana Life Insurance Co
1201-1215 Drew Street
Case 91-9-2 #9 John C Gardner
about 701 N Garden Avenue
Case 91-9-2 #10 Norman Bie Jr
about 300 Pierce Boulevard
Case 91-9-2 #12 Edward M Graves/Joanna I Ferrell
1355 Jeffords Street
Case 91-10-1 11 John or Janet Forsee
1017 Calumet Street
Case 91-10-1 #10 WAG I
200 Pierce Boulevard
MCEB
11/27/91
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~~~ffidavit9 of compliance continued
Case 91-10-1 #11 Beverly L/Garnel Mack
1625 N Washington Avenue
Case 91-10-2 12 Bryant S McBee
1109 Marine Street
Case 91-10-2 #5 Roland M & Mary J Hansen
1531 Chateau Wood Drive
Case 91-10-2 #6 Resolution Trust Corp
3354 Masters Drive
Case 91-10-2 #7 Judith C Ridenour
1210 N Ft Harrison Avenue
Case 91-10-2 #9 William L/Vicki DWells
1260 5 Hillcrest Avenue
Case 91-10-2 #10 Stout Investments Inc
1505 South Fort Harrison Avenue
Case 91-10-2 III Ruby L Clayton
about 1454 South Greenwood Avenue
Case 91-10-2 #12 Ella Rhodes
1211 Roosevelt Avenue
Case 91-10-2 113 Marie Wigfall Estate
.,-...- .. 1406 Pennsylvania Avenue
Case 91-10-2 114 Karin Rohret/Thomas Demps ey
1000 Engman Street
OTHER BOARD ACTION
accepted affidavits
None
OTHER BUSINESS
Phantom Inc. accrued fine
was discussed.
MINUTES - Meeting of October 23. 1991
Approved as submitted
ADJOURN
3:50 p.m.
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MCEB
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11/27/91
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MUNICIPAL CODE ENFORCEMENT BOARD
November 27, 1991
Members present:
William Murray, Chairman
Bruce Cardinal, Vice-Chairman
William A. Zinzow
D. Wayne Wyatt
Stephen D. Swanberg
Absent:
Louise C. Riley (unexcused)
Stephen Gerlach (excused)
Also present:
Hiles Lance, Assistant City Attorney
Andy Salzman, Attorney for the Board
Cynthia E. Goudeau, Secretary for the Board
In order to provide continuity for research. the items will be listed in agenda
order although not necessarily discussed in that order.
The meeting was called to order by the Chairman at 3:00 p.m. in the Commission
Meeting Room in City Hall. He outlined the procedures and advised any aggrieved
party may appeal a final administrative order of the Municipal Code Enforcement
Board to the Circuit Court of Pinellas 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 record of the proceedings to support such an appeal.
PUBLIC HEARINGS
Case No. 48-91
National Advertising Company
22726 U.S. 19 North
(Land Development Code)
Continued from 11/13/91
In response to a question regarding why this continuance is requested, Miles
Lance stated a settlement and lease amendment is being proposed to the City Manager.
If approved, this case will be withdrawn.
Mr. Cardinal moved to continue Case No. 48~91 to the meeting of December 11,
1991. The motion was duly seconded and carried unanimously.
Steve Lyon/Victoria's Island Wear
North of 423 Mandalay Avenue
(Land Development Code)
Vicki Niemiller, Code Inspector, stated a vehicle with a business sign is
being parked at the first metered space off Handalay Avenue. The business is on
Poinsettia, to which the sign on the vehicle is pointing. Her first inspection was
made on September 21st, and notice of the violation was issued on September 23rd.
The violation was repeated 011 October 31st. and a notice of repeat violation was
issued. She observed the violation on numerous occasions, and she received numerous
complaints. Ms. Niemiller stated the vehicle was there yesterday, but not today.
On September 5th. the violator was given verbal notification of the violation from
another inspector. City submitted composite exhibit A, six photographs of the
parked vehicle.
Case No. 59-91
mincb11b.91
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11/27/91
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Steve Lyon, representing Victoria's Island Wear, stated the vehicle is used
to drive to work every day. The vehicle is not always there, and it is not always
in the same spot. The parking space is convenient to the business, and he takes
advantage of the parking space when he can. He stated the primary purpose of the
vehicle is for transportation, not to display the sign.
In response to questions, Mr. Lyon stated he owns the business. He stated
fingers on the sign do point in one direction only, toward the business, when parked
there. He stated the tailgate of the vehicle would have to be removed in order to
remove the sign during the day. Mr. Lyon stated he uses the vehicle as
transportation to and from work, with occasional deliveries.
In response to questions regarding a mannequin display on the truck, Mr. Lyon
stated the enclosure is for protection from the environment. The mannequin can not
be removed easily. He stated he usually carries deliveries up front.
In response to a question regarding what the city code allows. John Richt~r,
Code Enforcement Manager, stated the code prohibits a vehicle from being parked for
the purpose of displaying a sign at the business location. The intent is to not.
allow vehicl.es lJith tli8nS ndvortioing n lmoiUl:lw LO park 1n areas near the business;
the conclusion being the intent is for advertising.
Mr. Lyon expressed concern that he does not have a private parking space for
the business; therefore, where can he park the vehicle legally if not in front of
his business.
Discussion ensued regarding where it would be legal for a vehicle advertising
a business to be parked. It was stated if it was parked in closer proximity to the
business, it would not be concluded the intent was to advertise.
Mr. Zinzow moved that concerning Case No. 59-91 regarding violation of Section
134.009(4) of the Clearwater City Code on property located north of 423 Mandalay
Avenue a/k/a the first metered parking space off Mandalay Avenue. the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 27th day of November, 1991, 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 hearing testimony of Vicki Niemiller and Steve
Lyon, and viewing the evidence, exhibits submitted: City composite exhibit A -
photographs of the vehicle, it is evident that Mr. Lyon, owner of Victoria's Island
Wear, has used said vehicle for a purpose contrary to the intent of the code. It
is further evident that the condition was corrected prior to this hearing.
The Conclusions of Law are: Steve Lyon/Victoria's Island Wear was in violation
of Section 134.009(4).
It is the Order of this Board that Steve Lyon/Victoria's Island Wear shall
comply with Section 134.009(4) of the Code of the City of Clearwater. If Steve
Lyon/Victoria's Island Wear repeats the violation, the Board may order them to pay
a fine of $50.00 per day for each day the violation exists after Steve Lyon/
Victoria'S Island Wear 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"compliance, 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 will consider whether or not
to reconsider or rehear the case. The Board will not hear oral argument or evidence
in determining whether to grant the Petition to Reconsider or Rehear. The motion
waS duly seconded and carried unanimOUSly.
mincbllb.91
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11/27/91
Steve Milby
1601 Sherwood Street
(Land Development Code)
Complied Prior
Mr. Cardinal moved to withdraw Case No. 61- 91 as the viola Hun has been
corrected. The motion was duly seconded and carried unanimously.
Case No. 61-91
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UNFINISHED BUSINESS
Case No. 130-88
Affidavits of Compliance
Case No. 2-91
Case 91-9-1 #6
Case 91-9-2 #3
Case 91-9-2 #5
Case 91-9-2 #9
Case 91-9-2 #10
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Case 91-9-2 #12
Case 91-10-1 #1
Case 91-10-1 #10
Case 91-10-1 #11
Case 91-10-2 #2
Case 91-10-2 #5
Case 91.-1.0-2 #6
Case 91-10-2 #7
Case 91-10-2 19
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ttincbllb.91
John Mavrogiannis
d/b/a Import Auto Clinic
1261 Cleveland Street
Fifteen S. Lincoln Associates
1261 Cleveland Street
Resolution 'Trust Corp.
'1161 Sedcevu Dtreet
Charlotte M. Powers
1631 Drew Street
Louisiana Life Insurance Co.
1201-1215 Drew Street
John C. Gardner
about 701 N. Garden Avenue
Norman Bie Jr.
about 300 Pierce Boulevard
Edward M. Graves/Joanna'I. Ferrell
1355 Jeffords Street
John or Janet Forsee
1017 CalUmet Street
WAG I
200 Pierce Boulevard
Beverly L./Garne1 Mack
1625 N. Washington Avenue
Bryant S. McBee
1109 Marine Street
Roland M. & Mary J. Hansen
1531 Chateau Wood Drive
Resolution Trust Corp.
3354 Masters Drive
Judith C. Ridenour
1210 N. Ft. Harrison Avenue
William L./Vicki D. Wells
1260 S. Hillcrest Avenue
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11J21/91
F~ affidavits of compliance continued
Case 91-10-2 #10 Stout Investments Inc.
1505 S. Ft. Harrison Avenue
Case 91-10-2 #11 Ruby L. Clayton
about 1454 S. Greenwood Avenue
Case 91-10-2 #12 Ella Rhodes
1.21.1. Roosevelt Avenue
Case 91-10-2 113 Marie Wigfall Estate
1406 Pennsylvania Avenue
Case 91-10-2 "14 Karin Rohret/Thomas Dempsey
1000 Engman Street
In response to a question regarding Case Nos. 130-88 and 2-91. it was stated
both the business owner and the property owner are now in complinnco.
Mr. Wyatt moved to accept the Affidavits of Compliance in Case Nos. 130-88.
2-91. 91-9~1 #6. 91-9-2 13. 91-9~2 #5. 91-9-2 19. 91~9-2 110. 91-9-2 #12. 91-10~1
#1. 91-10-1 #10, 91-10-1 Ill. 91-10-2 12, 91-10-2 #5. 91-10-2 #6. 91-10-2 #7. 91-10-
2 #9. 91-10-2 t10. 91-10-2 #11. 91-10-2 #12. 91-10-2 113. and 91-10-2 #14. The
motion was duly seconded and carried unanimously.
C.J
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OTHER BOARD ACTION - None
MINUTES - Meeting of October 23, 1991
Mr. Zinzow moved to accept the minutes of the meetinc of October 23. 1991 as
submitted. The motion was duly seconded and carried unanimously.
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mincbll b. 91
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11/27/91
OTHER BUSINESS
In response to a question regarding Phantom. Inc. (aka Sunburst Fireworks)
Case No. 38-91. it was stated the fine accrued at $150/day with almost a month of
non-compliance.
ADJOURN - The meeting adjourned at 3:50 p.m.
Attest:
C~~~. ):-J~ [J~". __
sccrlJary