04/14/1993a
CEB
MUNICIPAL CODE ENFORCEMENT BOARD
DATE
MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of April 14, 1993, 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
bo assessed in case of non-compliance.)
Case No. 17.93 William Wilkins & F B Lauer Comply within 30 days
3196 Gulf to Bay Boulevard (5/14/93)
(Land Development Code/Signs)
Case No. 20-93 Life Insurance George Withdrawn
25716 N US 19
(Land Development Code)
Request to withdraw; complied
Case No. 21-93 Branch Sunset Assoc Ltd Withdrawn
.,i 23654 N US 19
(Land Development Code)
Request to withdraw; complied
Case No. 22-93 Herbert and Jane Wollowick Withdrawn
2789 Gulf to Say Boulevard
(Land Development Code)
Request to withdraw; complied
Case No. 23-93 Donald W Eicher Withdrawn
1701 N Keene Road
(Public Nuisance Code)
Request to withdraw; complied
UNFINISHED BUSINESS
Case No. 4-92 David Gangelhoff Continued to 4128193
d/b/a Gulf marine
405 North Fort Harrison Avenue
Staff request re foreclosure
Continued from 3124193
CBA4n.93 4114193
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OTHER BOARD ACTIONIDISCUSSION
OTHER BUSINESS
MINUTES - Meeting of February 10, 1993
ADJOURN
r
None
John Richter, Code
Enforcement Manager
reviewed the progress of
the sign amortization
inspection program
Accepted as submitted
3:31 pm.
caa4n.s3
4/14/93
2
Members present:
MUNICIPAL CODE ENFORCEMENT BOARD
April 14, 1993
William Murray, Chairman}
D. Wayne Wyatt, Vice-Chairman
Stephen D. Swanberg
Louise C. Riley
E.J. Robinson
Peg Rogers
Absent:
Thomasine Fontana-Smith (excused)
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 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 Hail. 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. 17-93 William Wilkins & F. B. Lauer
3196 Gulf to Bay Boulevard
(Land Development Code/Signs)
Carlton Ward, Attorney representing the property owners, stated the sign has been there
for ten years. A lease was entsred into with the tenant aware the sign needs to be removed.
As an alternative, it was questioned whether the sign could be dedicated to the City to use as
a welcome to Clearwater sign since it is located at the east end of Gulf to Bay Boulevard.
Mr. Carlton requested two to three weeks to comply, with no fine imposed, and that staff explore
the suggested alternative.
mincb4a.93 1 4114193
A concern was expressed regarding whether the sign code should be enforced during the
f controversy over its legality. Miles Lance, Assistant City Attorney, stated the sign code is still
in force; only procedures regarding permitting and flags are cautioned.
In response to a question, the Code Enforcement Manager was in agreement to proceed
stating no direction has been given to forego enforcement.
In response to a question whether the sign is a billboard, the Inspector stated it is a sign
255 square feet in size. City code allows 64 square feet in this zoning.
Member Wyatt moved that concerning Case No. 17-93 regarding violation of Section
134.011 (d)(5)a.2 on property located at 3196 Gulf to Bay Boulevard a/k/a M&B 24-081, Section
16-29-16, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the 14th day of April, 1993, 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 John Richter, Code Enforcement
Manager, Geri Doherty, Inspector, and Carlton Ward, Attorney representing the owners, and Mr.
Ward admitting the violation exists, it is evident that a sign exceeding the maximum size allowed
by code exists at 3196 Gulf to Bay Boulevard.
The Conclusions of Law are: William Wilkins and F.B. Lauer are in violation of Section
134.011 (d) (5)a. 2.
It is the Order of this Board that William Wilkins and F.B. Lauer shall comply with Section
134.011(d)(5)a.2 of the Code of the City of Clearwater within 30 days (5114193). If William
Wilkins and F.B. Lauer do not comply within the time specified, the Board may order them to pay
a fine of $50.00 per day for each day the violation continues to exist past the compliance due
date. If William Wilkins and F.B. Lauer 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, William Wilkins and F.B. Lauer shall notify Charles Zetterberg,
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 motion was
duly seconded and carried unanimously.
mincb4a.93 2 4114193
Case No. 20-93 Life Insurance George
25716 N US 19
(Land Development Code)
Request to withdraw; complied
Case No. 21-93 Branch Sunset Assoc Ltd
23654 N US 19
(Land Development Code)
Request to withdraw; complied
Case No. 22-93 Herbert and Jane Wollowiek
2789 Gulf to Bay Boulevard
(Land Development Code)
Request to withdraw; complied
Case No. 23-93 Donald W Eicher
1701 N Keene Road
(Public Nuisance Code)
Request to withdraw; complied
Member Riley moved to withdraw Case Nos. 20-93, 21-93, 22-93, and 23-93 as
compliance has been obtained. The motion was duly seconded and carried unanimously.
UNFINISHED BUSINESS
`. , Case No. 4-92 David Gangelhoff
d/b/a Gulf marine
405 North Fort Harrison Avenue
Staff request re foreclosure
Continued from 3/24193
The Secretary to the Board stated this was continued from the last meeting in order for
staff to provide additional information regarding the current status of the property.
In response to a question regarding what efforts are being made by the property owner
to come into compliance, Geri Doherty, Code Enforcement Inspector, stated someone has
come to their office to compile information regarding what needs to be done to comply. In
addition, it is believed someone is drawing up a site plan for the property.
In response to a questions regarding what City staff is recommending, John Richter,
Code Enforcement Manager, stated the Planning Director has requested.the Board initiate
foreclosure proceedings on this property. Mr. Richter also responded staff would be agreeable
to continuing the request to the next meeting to see if additional efforts have been made.
In response to a question regarding foreclosure, Miles Lance, Assistant City Attorney,
stated he did an incumbency report which showed several other liens of large amounts on the
property to which the City lien is secondary.
1 5
nuncb4a,93 3 4114193
Member Wyatt moved to continue this request to the meeting of April 28, 1993. The
motion was duly seconded and arri d unanimously.
OTHER BOARD ACTION - None
MINUTES - Meeting of February 10, 1993
The Secretary to the Board, statedjhe,concern regarding Member Fontana-Smith's
absence due to medical reasons and whether it should be considered excused or unexcused is
still unresolved. Member Fontana-Smith was contacted after the last meeting and agreed a
voluntarily resignation would be appropriate and would submit a letter. A letter has not been
received to date. The minutes need to be accepted as submitted or amended to change the
absence to excused.
Member Riley moved to accept the minutes as submitted. The mo 'r n was duly
seconded and carried unanimously.
OTHER BUSINESS
John Richter, Code Enforcement Manager, briefly reviewed the sign amortization
program stating additional inspectors were hired to conduct a systematic inspection of the
sign problems. They have completed an east to west inspection on Gulf to Bay Boulevard,
with about half of the properties not in compliance. About 74% of those have since complied
and the remainder are at some stage of complying. Approximately 85-90% compliance has
been obtained. All of U.S. 19 has been inspected and notices are being sent out. The next
inspection route is planned for Missouri Avenue. He stated City staff and the business are
working together, and he is pleased with the results of compliance obtained.
ADJOURN - The meeting adjourned at 3:31 p.m.
ATTEST:
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