05/13/1992 (2)
CEB
MUNICIPAL CODE ENFORCEMENT BOARD
DATE
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MUNICIPAL CODe ENFORCEMENT BOARD
Meeting of May 13. 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 time. set the
fee to be assessed in case of non-compliance.)
Case No. 23-92 Sears Roebuck and Company Inc.
27001 N. U.S. 19
(Sign Codel
Withdrawn
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Case No. 26-92 Leslie & Margaret Duttry
1866 Drew Street
(Sign Code)
Comply by 5/20/92
eMe No. 27~92 Hunter Blood (, ::i' I~r Inc.
324 Jeffords Street
(Land UselZoning)
Comply within 30 days
(6/12/92)
Case No. 28-92 Subway Development, Inc.
1778 Gulf-to~Bay Boulevard
(Sign Code)
Complied prior; if repeats
violation. may be fined
$50/dav for each day of the
repeat violation
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Case No. 29-92 BAK Enterprises Inc.
1 500 McMullen Booth Road
(Sign Code)
Complied prior; if repeats
violation. may be fined
$50/day for each day of the
repeat violation
UNFINISHED BUSINESS
Case No.1 0-92 Eugene B. & Judith A. Thomas
1017 Grantwood Avenue
Affidavit of Compliance
Accepted affidavit
Case No. 19-92 Aztec Insurance Company
905 & 907 Hart Street
Affidavit of Non-Compliance (part two)
Accepted affidavit and issued
order imposing fine
Case No. 38-91 Sunburst Fireworks. Inc.
a/k/a Phantom. Inc.
Cancellation of Lien
Accepted.
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r OTHER BOARD ACTION
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Fine Status Reoort - Foreclosure Status
MINUTES - Meeting of April 22, 1992
ADJOURN
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Discussed
Approved
5:17p.m.
5/13/92
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MUNICIPAL CODE ENFORCEMENT BOARD
May 13, 1992
Members present:
William Murray, Chairman
Bruce Cardinal, Vjce~Chairman
Louise C. Riley
Stephen D. Swanberg
Absent:
William A. Zinzow (excused)
D. Wayne Wyatt (excused)
Stephen Gerlach (excused)
Also present:
Miles lance, Assistant City Attorney
Alan Zimmet, 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.
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The meeting was called to order by the Chairman at 3:00 p.m. in the Commission Meoting
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. 23-92
Sears Roebuck and Company Inc.
27001 N. U.S. 19
(Sign Code)
Mr. Cardinal moved to withdraw Case No. 23-92 as requested by the Inspector. The
motion was duly seconded and carried unanimously.
Case No. 26-92
Leslie & Margaret Outtry
1866 Drew Street
(Sign Code)
No one was present to represent the violator.
John Richter, Code Enforcement Manager, stated the signs on the business on Drew Street
are in excess of all allowances provided by City Code and, therefore, ineligible for permits.
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Janice King, Code Enforcement lnspector, stated Jackie D's, the roferenced business, is
a hair salon and has signs placed in the right of way and on a side of the building which does not
face a street. Property ownership was verified through the Property Appraiser's Offics, notice
of the violation was sent to the property and business ownors by certified mail, and the signed
receipts were returned. She first noticed the violation February 13th, photographed the sign on
the golf cart located in the right of way, and sent notice with a compliance date of February 28th.
Ms. King also had verbal contact with someone named "Ray" at the business. The sign on the
golf cart was removed, but the illegal sign on the building remained. Different signs have been
placed in the right of way and she did photograph them. There was a vehicle with a sign in the
right of way this morning. City submitted composite exhibit A, photographs of the property taken
February 13, March 30, April 11 and May 13, 1992 depicting the illegal signs.
In response to questions, the Inspector stated the pole sign and those in the windows are
allowed. She stated there has never been an application for permit by the business owner, and
she never heard from the property owner. Notice was sent to the property owner and copied to
the business owner. She stated the sign at the front of the building would be allowed. The signs
cited are the one on the east side of the building and those intermittently placed in the right of
way. Shfl ",tated this is a new business, and they havo not bElen proviously cited.
Mrs. Riley moved that concerning Case No. 26-92 regarding violation of Section
134.017(a)(1) of the Clearwater City Code on property located at 1866 Drew Street a/k/n New
Marymont Sub., Block A, Lot 1, the Municipal Code Enforcement Board has heard testimony at
the Municipal Code Enforcement Board hearing held the 13th day of ~, 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 Janice King, Code Enforcement
Inspector, and viewing the evidence, exhibits submitted: City composite exhibit A, four
photographs of the property, it is evident that there ore illegal signs displayed at 1 866 Drew
Street.
The Conclusions of law- are~ Leslie & Margaret Duttry are in violation of Section
134.017(a)(1 ).
It is the Order of this Board that Leslie & Margaret Duttry shall comply with Section
134.017(a)( 1) of the Code of the City of Clearwater by May 20, 1992. If Leslie & Margaret
Duttry do not comply within the time specified, the Board may order them to pay a fine of $25.00
per day for each day the violation continues to exist past the compliance due date. If Leslie &
Margaret Duttry do 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. If the violation concerns real property, the recording of a certified copy
of this Order shall constitute notice to any subsequent purchasers, successors in interest or
assigns of the violation and the findings in this Order shall be binding upon any subsequent
purchasers, successors in interest or assigns of the real property where the violation exists. Upon
complying, Leslie & Margaret Duttry shall notify Janice King, the City Official who shall inspect
the property and notify the Board of compliance. 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
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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.
Case No. 27~92
Hunter Blood Center Inc.
324 Jeffords Street
(Land Development Code)
John Richter, Code Enforcement Manager, stated the property involved is developed as
a parking lot abutting Harbor Oaks. Parking buses in a parking lot that adjoins a residential district
is an illegal use of the lot.
Vicki Niemiller, Code Enforcement Inspector, stated the owner of record is Hunter Blood
Center Inc. Notice of the violation was sent by regular and certified mail, and the signed receipt
was returned. She first inspected the property February 25 in the mornioR and issued notice of
the violation in the afternoon with compliance due by March 24. They requested a 30 day
extension, and she extended the compliance date to April 20. Upon reinspection April 20, the
buses were still there. She inspected the property this morning and four buses were there. City
submitted exhibit A, a photograph of the property.
In response to questions, the Inspector stated the other vehicles on the lot are allowed,
and the lot is not paved. In 1987, a conditional use to park vehicles there was requested and
granted. The approved parking was for doctor parking, not buses which are permitted by code.
The request was heard by the Planning and Zoning Board with the final decision
approving the request subject to the conditions set forth in code section 136.025(c){19). The
20ning district was and still is Limited Office.
Mr. Baxter, Attorney representing Hunter Blood Center Inc., read into record part of the
Planning and Zoning Board minutes of December 15, 1987 stating the request was contingent
upon a proposed exchange of property which did not occur. In response to questions, Mr. Baxter
stated the lot was not developed as a parking lot; the use evolved as such in anticipation of the
land swap. The vehicles in question have consistently been there.
Mr. Saltarelli, President of Harbor Oaks Association and resident at 322 Lotus Path, read
into the record a letter from the Association on behalf of its members requesting the violation of
City code, regarding Hunter Blood Center vehicles parked on the referenced property, be
prohibited. In response to questions, Mr. Saltarelli stated he has personally observed the buses
with the engines running for several hours as early as 6 a.m. and as late as 10-11 p.m., causing
noise and pollution. The vehicles have increased in numbers and size since they first started
parking there in early 1980s.
Mrs. Phyllis Stewart. 331 Lotus Path, stated her property abuts Hunter Blood Center, and
her family has occupied the residence for 30 years. She stated the diesel smoke
and fumes go into her back yard and home before dawn and in the evening. The servicing of the
buses during the day is annoying and has been ongoing for a long time. She stated the noise and
smoke, rather than parking, are the problems.
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Ms. Judy Mitchell, residing at 327 Lotus Path adjacent to Hunter Blood Center, stated the
Center is in full view of her back windows. She moved in in September, 1991, and the noise
level is loud including Saturday and Sunday. In response to questions, Ms. Mitchell stated the
vehicles cause a visual and noise problem. In addition, the buses are sometimes backed up onto
her property and the drivers leave trash.
Mr. Robert Kern, 321 Lotus Path, stated he heard a loud noise about 7 a.m. one Sunday,
walked by the Center and saw a tire service truck changing the tires and wheels on the buses.
He has lived there since 1972. In addition to the buses running, there are air system compressors
and diesel generators. The buses return as late as 11 -12 p.m., the buses are left running and the
smoke comes into his house. He stated parking is not the problem, but leaving them running.
Mr. Baxter stated Hunter Blood Center purchased the property in 1980 with the intent of
using the property for parking and storage. They have used the property In this way consistently
since purchased. He was not aware the buses are running three to five hours. They have already
agreed to not run the buses on Druid Road or in the neighborhood, and they have muffled the
compressors. The City redefined non-commercial parking in 1987 and, prior to that, there was
no violation. He stated the vehicles are not buses, they are mobile blood drawing units.
In response to a question, it was indicated the vehicle classification according to the
Department of Motor Vehicles was not known.
In response to a question, Mr. Baxter stated the lot was not designed as a parking lot but
an overflow area. He stated they have been searching for another place for the vehicles since
1987 with much difficulty. They do not want an issue or pUblicity with anyone. They currently
have a contract with UPARC for a lot on Calumet; contingent upon Morton Plant purchasing
property from the Center. Otherwise, they do not have the money for a purchase. He stated
they need more time; he estimates a closing date to be in January, 1993. He stated the
administrative offices will not be relocated.
A question was raised whether the use is a.lawful non-conforming use. Mr. Richter stated
in 1987 a conditional use was approved authorizing the parking of cars and other vehicles
according to code. Parking prior to 1987 would have been illegal; parking of buslike vehicles is
in violation of the land development code.
Mr. Richter stated the violator was given 30 days to comply plus a 30 day extension with
the understanding they remove the buses.
Discussion further ensued regarding whether the use is grandfathered. It was stated
originally there was only one bloodmobile and it was smaller. The use changed with larger and
more vehicles being parked there.
Mr. Cardinal moved that concerning Case No. 27-92 regarding violation of Section
135.004(b) on property located at 324 Jeffords 51. alkla Bluff View Sub., Part Lot 18 and
Lot 19, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 13th day of May, 1992, and based on the evidence, the
Municip:~1 Code Enforcement Board enters the following Findings of Fact, Conclusions of law,
and O!':ler.
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The Findings of Fact are: after hearing testimony of John Richter, Code Enforcement
Manager, Vicki Niemiller, Code Enforcement Inspector, James Baxter, Attorney representing
Hunter Blood Center, Roberta Martin, President of Hunter Blood Conter, and Mr. Saltarelli, Phyllis
Stewart, Judy Mitchell, Robert Kern - neighboring property owners, and viewing the evidence,
exhibits submitted: City exhibit A, a photograph of the property, it is evident that bus-like vehicles
are being parked at 324 Jeffords Street.
The Conclusions of Law are: Hunter Blood Center Inc:. is in violation of Section 135.004(bl
(ref. 136,025(19Iel.
It is the Order of this Board that Hunter Blood Center Inc. shall comply with Section
135.004(b) (ref. 136.025(19)e) of the Code of the City of Clearwater within 30 days (6/12/92).
If Hunter Blood Center Inc. does not comply within the time specified, the Board may order them
to pay a fine of $50.00 per day per bus for each day the violation continues to exist past the
compliance due date. If Hunter Blood Center Inc. 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 on co rocorded shall constitute 0 lion against any roal or personal property
owned by the violator pursuant to Chapter 162, Florida Statutes. If the violation concerns real
property, the recording of a certified copy of this Order shall constitute notice to any subsequent
purchasers, successors in interest or assigns of the violation and the findings in this Order shall
be binding upon any subsequent purchasers, successors in interest or assigns of the real property
where the violation exists. Upon complying, Hunter Blood Center Inc. shall notify Vicki Nlemiller,
the City Official who shall inspect the property and notify the Board of compliance. 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 mQ1iQn was
duly seconded and carried unanimously.
Case No. 28-92
Subway Development, Inc.
1778 Gulf-to-Bay Boulevard
(Sign Code)
No one was present to represent the violator.
Janice King, Code Enforcement Inspector, stated an illegal sign was attached to a wall at
the corner of the Subway Restaurant. , Property ownership was verified through the Property
Appraiser's Office, notice of the violation was sent to the business and property owners by
certified mail, and the signed receipts were returned. She also communicated the code violation
to the owners verbally. On February 27th she observed the sign tied against the wall on the
west side and issued a notice of the violation with compliance due March 3rd. She explained to
the business owner th8t a permit was needed. The sign was out again on March 10th, March
15-16,22-24 and April 3rd. She issued a notice of recurring violation with compliance due March
3rd. City submitted exhibit A, a photograph of the property taken March 26, 1992. They are
now in compliance; the last time she saw the sign was April 3rd.
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Mr. Cardinal moved that concerning Case No. 28-92 regarding violation of Section
134.017(a)(1) of the Clearwater City Code on property located at 1778 Gulf to Bay Boulevard
alkla M&B 14-24, Sec. , 4-29-' 5, the Municipal Code Enforcement Board has heard testimony
at the Municipal Code Enforcement Board hearing held the 13th day of May, 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 Janice King, Code Enforcement
Inspector, and viewing the evidence, exhibits submitted: City exhibit A, a photograph of the
property, it is evident that a non-conforming sign was intermittently displayed at 1778 Gulf to
Bay Boulevard, that this condition was corrected and recurred on several occasions. It is further
evident that the condition was corrected prior to this hearing.
The Conclusions of law are: Subway Development, Inc. was in violation of Section
134.017(a)(1 ).
It is the Order of this Board that Subway Development, Inc, shall contim,le compliance with
Section 134.017(a)(1) of the Code of the City of Clearwater. If Subway Development, 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 Subway Development, 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 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 tiling 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.
Case No. 29w92
BAK Enterprises Inc.
1500 McMullen Booth Road
(Sign Code)
In response to a question, Mr. Turner, Registered Agent for BAK Enterprises. Inc., agreed
the violation did exist. He stated the violation was corrected after being notified.
In response to a Question, John Richter, Code Enforcement Manager, stated this case is
being brought forward because the violation did reoccur after the initial notice and correction.
Geri Doherty, Code Enforcement Inspector. stated portable signs, which are not provided
for in the code, were displayed at the subject property ln January. Notlce was issued January
3rd, and the violatlon was gone upon reinspection January 8th. On March 17th, a portable sign
was again being displayed. Notice of a recurring violation was issued and the violation was
corrected.
Mr. Turner stated the business is a restaurant and pub. The signs were used during the
playoffs ln January and for St. Patrick's Day in March ('.1 weekends only. In response to a
question, Mr. Turner stated he does understand it is a violation of City code.
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Mr. Cardinal moved that concerning Case No. 29-92 regarding violation of Section
134.017(a)(1) of the Clearwater City Code on property located at 1500 McMullen Booth Road
alkla South Oaks Fashion Square, Lot 1, the Municipal Code Enforcement Board has heard
testimony at the Municipal Code Enforcement Board hearing held the 13th day of May, 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 Enforcement
Inspector, and acknowledgement by Mr. Turner, Registered Agont, that the violation existed, it
is evident that illegal portable signs were displayed at 1500 McMullen Booth Road, 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: BAK Enterprises Inc. was in violation of Sections
134.017(a)(1 }.
It is the Order of this Board that BAK Enterprises Inc. shall comply with Section
134.017(a)(1} of the Code of the City of Clearwater. If BAK Enterprises 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 BAK Enterprises 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 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 tho 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 secondod and c~rried
unanimously.
UNFINISHED BUSINESS
Case No. 10-92
Eugene B. & Judith A. Thomas
1017 Grantwood Avenue
Affidavit of Compliance
Mr. Cardinal moved to accept the Affidavit of Compliance in Case No.1 0-92. The motion
was duly seconded and carried unanimously.
Case No. 19.92
Aztec Insurance Company
905 & 907 Hart Street
Affidavit of Non-Compliance (part two)
Mr. Cardinal moved to accept the Affidavit of Non-compliance (part two) and issue the
order imposing the fine in Case No. 19.92. The motion was duly seconded and carried
unanimously.
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Case No. 38-91
Sunburst Fireworks, Inc.
alkla Phantom, Inc.
Cancellation of Lien
The Secretary to the Board stated there were other actions she was not made aware of
when the lien was filed. In response to a question, she stated the City has no choice but to
cancel the lien.
Mrs. Riley moved to approve the cancellation of lien in Case No. 38-91. The motion was
duly seconded.
In response to a question, it was stated the lien can not be reinstated in the future; this
is a full and final cancellation.
Upon the vote being taken, the motion carried unanjmously~
OTHER BOARD ACTION
Fine Status Report - Foreclosure Status
The Fine Status report was reviewed and a status of those cases directed for foreclosure
was supplied to the Board.
In response to questions regarding AwPlus Restaurant Equipment Inc., it was stated the
corporation was dissolved. The lien can be held until expired; if the corporation comes back into
existence, the lien is still good. It was stated the corporation did not own the property.
In response to questions regarding 1 5 South Lincoln Associates, it was stated foreclosure
proceedings were directed on the case against Mavrogiannis, owner of the business, not 1 5
South Lincoln. It was stated the City's lien is subordinate to a $3 million mortgage on the
property. The property is totally vacant and most likely valued under the mortgage amount;
therefore there would not be any eX"tl a ,,'oney' after the mortgagee is paid. It was stated the
corporation has three general partners and does not own any other property in Pinellas County.
It was stated an offer of $5,000 was made to the City to satisfy the lien; and a question was
rahed why they would want to pay if thbY can walk away from the lien in foreclosure.
Consensus of the Board was to recommend ac,":eptance of the $5,000.
MINUTES - Meeting of April 22, 1992
Mr. Cardinal moved to accept the minutes of the meeting of April 22, 1992 as submitted.
The motion was duly seconded and carried unanimously.
ADJOURN - The meeting adjourned at 5: 17 p.m.
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Chairmnn
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Attest:
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