02/12/1992 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of February 12, 1992, 3:00 p.m.
Agenda
Action
PUBLIC HEARINGS
(At the time a case is heard and date set for compliance the Board shall, at the same
timet set the fee to be assessed in case of non..compl'iance.)
Case No. 8-92
"." ", Case No. 9-92
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Case No. 10-92
'" ICase No. 11-92
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Case No. 13-92
Case No. 56-91
Case No. 64-91
Case Na. 7-92
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Steve Lyon
d/b/a Victoria1s Island Wear
North of #423 Mandalny Avenue
(Land Development Code)
Peter E. Tsai and Grace Y. Chang
2456 Gulf~to-Bay Boulevard
(Land Development Code)
Eugene B. and Judith A. Thomas
1017 Grantwood Avenue
(Land Development Code)
Albertson's Inc.
26583 U.S. 19 North
(Land Development Code)
Withdrawn
Withdrawn
Continued
Complied prior; if repeats
violation, may be fined
$lOO/day for each rlay of
repeat violation
Withdrawn
Eugene B., Gargiulo Sr.
d/b/a B & C Produce
1345 N. Highland Avenue
(Land Development Code)
UNFINISHED BUSINESS
C. & L. Conti/A. & E. Labricciosia
653 Mandalay Avenue
Affidavit of Compliance
Roger Haber
614 Phoenix Avenue
Affidavit of Nan-Compliance
Stephen & Debra Hitchens
1240 S. Hillcrest Avenue
Affidavit of Compliance
Accepted affidavit
Accepted affidavit; issued
order imposing fine
Accepted affidavit
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~OTHER BOARD ACTION
None
NEW BUSINESS
~iscussion re proposed
amendments to the code
regarding lot clearing
violations
MINUTES - Meeting of January 22, 1992
ADJOURN
3:25 P.M.
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MUNICIPAL CODE ENFORCEMENT BOARD
February 12, 1992
Members present:
William Murray, Chairman
Bruce Cardinal, Vice~Chairman
William A. Zinzow
O. Wayne Wyatt
Louise C. Riley
Stephen D. Swanberg
Stephen Gerlach
Also present:
Miles 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 ~isted in agenda
order although not necessarily discussed in that order.
The meet i n9 was ca 11 ed to order by the Cha i rman 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 mllst
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~~ecision
of this Board to have a record of the proceedings to support such an appeal.
PUBLIC HEARWGS
Case No. 8-92
Steve Lyon
d/b/a Victoria's Island Wear
North of #423 Mandalay Avenue
(Land Development Code)
No one was present to represent the alleged violator.
John Richter, Code Enforcement Manager, requested this case be withdrawn.
Mrs. Riley moved to withdrawn Case No. 8-92. The motion was duly seconded.
In response to a question regarding whether compliance has been obtained,
Mr. Richter stated compliance was obtained when the original violation came to
the Board in October. The violation was repeated twice since then, using a
different vehicle. Per City code, the fine can only be imposed for those days
of the repeat violation after the violator is notified of said repeat violation.
In a case such as this, the violation may already be corrected.
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Discussion ensued regarding other ways to put a repeat violator on notice.
Upon the vote being taken to withdraw Case No. 8-921 the motion carried
unanimously.
Case No. 9~92
Peter E. Tsai and Grace Y. Chang
2456 Gulf-to-Bay Boulevard
(Land Development Code)
Mr. Cardinal moved to withdraw Case No. 9-92. The motion was duly
seconded and carried unanimously.
Case No. 10-92
Eugene B. and Judith A. Thomas
1017 Grantwood Avenue
(Land Development Code)
Mr. Wyatt moved to continue Case No. 10-92. The motion was duly seconded
and carried unanimously.
Case No. 11-92
Albertson's Inc.
26583 U.S. 19 North
(Land Development Code)
No one was present to represent the violator.
Ger; Doherty, Development Code Inspector, stated pennants and banners were
displayed on December 16, 1991. A notice was issued with a compliance date of
December 20; the banners were still there on December 23, 1991. They are now in
compliance, and it is desired the violation be established for possible future
repeats. City submitted composite exhibit A, photographs of the property taken
on December 23rd.
In response to questions/ the Inspector stated she believes Albertsonls put
up the banners; they were having a grand re-opening. She stated she spoke to the
manager, and there have been simi lar problems before. She stated even for a
grand opening a special permit is needed for banners, and you still can not use
wind devices.
Mr. Cardinal moved that concerning Case No. 11-92 regarding violation of
Section 134.009(5) of the Clearwater City Code on property located at 26583 U.S.
19 North a/k/a Lot 7, Countryside Village Square, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held
the 12th day of February, 1992/ 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 Geri Doherty, Code
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit
A - photographs of the property taken Oecember 23 I 1991, it is ev i dent that
banners and pennants were displayed at the referenced violation address. It is
further evident that the condition was corrected prior to this hearing.
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The Conclusions of Law are: Albertson's Inc. was in violation of Section
134.009(5).
It is the Order of this Board that Albertsanls Inc. shall continue
compliance with Section 134.009(5) of the Code of the City of Clearwater.
If Albertson's Inc. repeats the violation, the Board may order them to pay a fine
of $100.00 per day for each day the violation exists after Albertson1s 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 compliance, either party may request a further
hear i ng before the Board. Any aggr i eved party may pet it i on 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
recon~ ider or rehear the case. The Board will not hear oral argument or evidence
in determining whether to grant the Petition to Reconsider or Rehear.
Eugene B. Gargiulo Sr.
d/b/a B & C Produce
1345 N. Highland Avenue
(Land Development Code)
Mr. Cardinal moved to withdraw Case No. 13-92. The motion was duly
seconded and carried unanimously.
Case No. 13-92
UNFINISHED BUSIUESS
C. & L. Conti/A. & E. labricciosia
653 Mandalay Avenue
Affidavit of Compliance
Mrs. Riley moved to accept the Affidavit of Compliance in Case No. 56-91.
The motion was duly seconded and carried unanimously.
Case No. 56-91
Roger Haber
614 Phoenix Avenue
Affidavit of Non-Compliance
Mr. Cardinal moved to accept the Affidavit of Non-Compliance and issue the
Order imposing the fine in Case No. 64-91. The ~otion was duly seconded and
carried unanimously.
Case No. 64-91
Stephen & Debra Hitchens
1240 S. Hillcrest Avenue
Affidavit of Compliance
Mrs. Riley moved to accept the Affidavit of Compliance in Case No. 7-92.
The motion was duly seconded and carried unanimously.
Case No. 7-92
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(\ MINUTES - Meeting of January 22, 1992
Mrs. Riley moved to accept the minutes of the meeting of January 22, 1992
as submitted. The motion was duly seconded and carried unanimously.
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OTHER BUSINESS
John Richter, Code Enforcement Manager, stated amendments to the code
regarding lot clearing violations are being prepared.
One amendment is to allow the Board to impose a fine for repeat violators
of the lot clearing ordinance. In response to a question, he stated this would
be in addition to the cost of clearing and the administrative fee.
Another amendment would be to delete requirement of the Board to give
violators a minimum of ten days to comply, but to allow the Board to order any
amount of time for compliance.
ADJOURN - The meeting adjourned at 3:25 P.M.
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CIIA Rl-1AN --0-
ATTEST:
Q~z. &.t).<
SE~ETARY
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