02/28/1996 (2)
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Municipal Code Enforcement Board
Minutes
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ACTION AGENDA
MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of February 28, 1996 (3:00 p.m.)
PUBLIC HEARINGS
A.
B.
D.
E.
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Case 12-96
John & Elyse McGuire
1447 Stewart Blvd.
, (Address numbers not on property)
A. Ordered compliance within
10 days (3/9/96)
Case 13-96
Remprop, Inc., R/A - Richard Metz
Goin' Bananas Produce
1612 Gulf-to-Bay Boulevard
(Occupational License/land Development Code)
B. Ordered compliance within
, 15 days (3/14/96)
Case 14-95
Gerald Rehm & Associates, Inc.
699 Lakeview Road
(Land Development Code)
D. Continued for 30 days
Case 15-96
Florida Family Investors, Inc.
c/o Baxter & Rinard
19400 U.S. Highway 19, North
(Land Development Code)
E. Ordered compliance immediate
Iy upon receipt of board order
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F.
F. Ordered compliance immediate-
ly upon receipt of board order
Case 16-96
Florida Family Investors, Inc.
c/o Baxter & Rinard
19400 U.S. Highway 19, North
(Sign Code)
2. OTHER BOARD ACTION/DISCUSSION
3.
4.
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CBAG2b96
A.
Case 19-95 (Affidavit of Compliance)
Larry Bunting
1166 Woodlawn Street
(Life Safety Codel
A. Accepted
B.
Case 2-96 {Affidavit of Non-Compliance)
John & Nancy Hopp
522 S. Glenwood Avenue
(Building Code)
B.' Accepted and issued order
imposing fine
APPROVAL OF MINUTES - February 14, 1 996
3. Approved as corrected
ADJOURNMENT
4. 4:58 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
February 28, 1996
Stephen D. Swanberg, Chairman
Louise Riley, Vice-Chairman
Peg Rogers, Member
Helen Kerwin, Member
Dennis Henegar, Member
Leslie Dougall-Sides, Assistant City Attorney
Mark Connolly, Attorney for the Board
Mary K. Diana, Secretary for the Board
Anne Green, Staff Assistant II
Absent:
Faustino Dolores, Member (excused)
Carl Rayborn, Member
The meeting was called to order by the Chair at 3:00 p.m. in the Commission Chambers at
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.
(,:) 1.
PUBLIC HEARINGS
A. Case 12~96
John & Elyse McGuire
1447 Stewart Blvd.
(Address numbers not on property)
Assistant City Attorney Leslie Dougall-Sides questioned Janice King, City Inspector,
regarding her investigation. She responded her first visit to the property was on 10/24/95. The
only address present was in script above the garage door. Several attempts to contact the alleged
violators were made. She was advised the owners may be selling the property. A second notice of
violation was sent 12/29/95. Property ownership was verified through the Property Appraiser's
Office. As of this morning, the same situation'exists. The City recommends a fine of $25.00 per
day until the violation is corrected.
John McGuire was shown City Exhibits 1-4 submitted by Ms. Dougall-Sides. Chairman
Swanberg questioned if the City provided address numbers to homeowners. Ms. King advised the
City did if requested.
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Mr. McGuire stated he has been at the subject address since the end of August and
indicated Ms. King may have spoken to the previous tenant. Ms. King advised she was unable to'
make contact with the property owner. Mr. McGuire questioned if address numbers had to be on
the mailbox. Ms. King replied the code requires Arabic numbers, at least 3" high and be visible
from the street. Discussion ensued whether numbers on the sides of curbs were legal. Ms. King
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mcb2b.96
February 28, 1996
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the Board about a contractor who is contacting Clearwater residents advising them curbside
numbers meet code requirements but they do not.
Mr. McGuire stated he has three sets of address numbers; script writing over the garage
door, numbers at curbside, and numbers on the mail box. He feels he has complied. Ms. King
advised Mr. McGuire's mailbox is recessed, the address numbers are not visible from the street due
to being placed on top of the mailbox. In response to a question, Mr. McGuire replied the numbers
could be moved.
The public hearing was closed.
Member Kerwin moved that concerning Case 12-96 regarding violation of Chapter 28,
Article III, Section 28.82 of the Clearwater City Code on property located at 1447 Stewart
Boulevard also known as Morningside Estates, Unit 6C, Lot 549, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held the 28.th day of
february, 1 996, and based on the evidence, the Municipal Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER.
FINDINGS OF FACT
After hearing testimony of Janice King, City Inspector, and John McGuire, Real Property
Owner, and viewing the evidence submitted: City Exhibits 1-4 (Exhibit 1 - Code sections violated,
Exhibit 2 - Notice of Violation dated 12/28/95, Exhibit 3 - Affidavit of Violation and Request for
Hearing dated 1/18196, and Exhibit 4 - Notice of Hearing dated 2/13/96), it is evident the address
numbers do not face the street, are not Arabic and at least 3" in height as required by Code at
~-', 1447 Stewart Boulevard.
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CONCLUSIONS OF LAW
John & Elyse McGuire, are in violation of Chapter 28, Article III, Section 28.82 of the
Clearwater City Code of Ordinances.
ORDER
It is the Order of this Board that John & Elyse McGuire shall comply with said section of the
Code of Ordinances within 10 days (3/9/96). If John & Elyse McGuire 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. If John & Elyse McGuire 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
violators pursuant to Chapter 162, Florida Statutes. Upon complying, John & Elyse McGuire shall
notify Janice King, the City Official who shall inspect the property and notify the Board of
compliance. 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
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February 28. 1996
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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.
B. Case 13-96
Remprop, Inc., R/A - Richard Metz
Gain' Bananas Produce
1612 Gulf-to-Bay Boulevard
(Occupational License/Land Development Code)
The Assistant City Attorney questioned Janice King, City Inspector regarding her
investigation. Ms. King stated she first spoke to the Owner on 11/21/95. The initial inspection
was on 11/15/96. At that time there were outdoor displays of produce and more signs than
allowed by code. No permits were pulled for any of the signs. An occupational license application
was submitted but a license has not been approved. The zoning of this property requires a
conditional use permit for outdoor displays. A Notice of Violation was issued. Mr. Metz advised he
would pull the required permits. Ms. King said photos were taken on 12/28/96, 2123/96 and
2/27/96. As of today, there is produce outside. The City recommends a fine of $100 per day for
each day the violation continues to exist.
John McGuire, attorney representing Remprop, Inc., was shown City Exhibits 1 -5 submitted
by Ms. Dougall-Sides. In response to a question, Board Attorney Connolly advised that photos
were not required when the violations were originally noticed on November 16. Discussion ensued
regarding previous businesses at this location. Ms. King indicated the property is zoned general
commercial (CG). The Assistant City Attorney read from the code what is allowed in this zone.
Mr. McGuire produced a copy of an occupational license for the business. He stated his
clients attempted to get a conditional use permit but were declined. He referred to the City
allowing sales of outdoor produce at the Farmer's Market held downtown on Saturdays noting they
have similar signs as his clients. Photos and a copy of an occupational license were submitted for
the record (Defendant Exhibits 1 and 21.
Board Attorney Connolly advised the Board should only consider what is before them today.
There was some discussion regarding the downtown being in a different zoning district than the
subject property.
The Assistant City Attorney noticed the occupational license submitted was for property
located at 1616 Gulf~to-Bav Boulevard not the subject property. There were no permits issued for
any of the signs at the subject location. Mr. McGuire advised Richard Metz owns the building and
received an occupational license on October 1, 1995.
The Board Attorney noted each business requires its own occupational license. Mr. McGuire
stated his clients only have one business at this location. They were told a conditional use approval
for this property would be denied due to the zoning.
Discussion ensued regarding the downtown Farmer's Market and concern was expressed
there were double standards for different zoning districts.
Member Henegar moved to continue this case until the next meeting. This motion was duly
seconded.
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February 28, 1996
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Discussion continued regarding downtown produce sales on Saturdays. The Board Attorney
stated this issue was not part of today's hearing.
Upon the vote being taken on the motion on the floor, Member Henegar voted "aye;"
Members Riley, Rogers, Kerwin and Swanberg voted "nay." Motion failed.
Member Rogers moved that concerning Case 13~96 regarding violation of Chapter 29,
Article II, Sections 29.28 and 29.30(1), Chapter 40, Article I, Section 40.004(3)(a), and Chapter
44, Article II, Section 44.31 (1) of the Clearwater City code on property located at 1612 Gulf-to-Bay
Boulevard, also know as lakewood Replat, Lot 7 and east 45' of lot 6, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the
28th day of February, 1996, and based on the evidence, the Municipal Code Enforcement Board
enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER.
FINDINGS OF FACT
After hearing testimony of Janice King, and John McGuire, attorney representing Remprop,
Inc., A.A. Richard Metz (Goin' Bananas Produce), and viewing the evidence submitted, City Exhibits
'-5 (Exhibit 1 - Code sections violated, Exhibit 2 - composite photos taken 12/28/95, 2/23/96, and
2/27/96, Exhibit 3 - Notice of Violation dated 11/16/95, Exhibit 4 - Affidavit of Violation and
Request for Hearing dated 1124/96, and Exhibit 5 - Notice of Hearing dated 211 3196 and
Defendants Exhibits 1-2 (Exhibit 1 - composite undated photos and Exhibit 2 ~ City of Clearwater
occupational license dated 1 OJ30/95), it is evident a business is being operated without an
occupational license, signage has not been permitted and outdoor sales are being conducted, which
use is not in compliance with the zoning regulations at 1612 Gulf-to-Bay Boulevard.
CONCLUSIONS OF LAW
Remprop Inc., A.A. Richard Metz (Goin' Bananas) is in violation of Chapter 29, Article II,
Sections 29.28 and 29.30(1), Chapter 40, Article I, Section 40.004(3)(a), and Chapter 44, Article
II, Section 44.31 (1) of the Clearwater City Code of Ordinances.
ORDER
It is the Order of the Board that Remprop Inc. , R.A. Richard Metz (Goin' Bananas) shall
comply with said section of the Code of the City of Clearwater within 15 days (3/14/96). If
Remprop Inc., A.A. Richard Metz (Goin' Bananas) does not comply within the time specified, the
Board may order him to pay a fine of $1 DO/day for each day the violation continues to exist. If
Remprop Inc.. R.A. Richard Metz (Gain' Bananas) does 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. Upon complying, Remprop Inc.,
A.A. Richard Metz (Gain' Bananas), shall notify Janice King, the City Official who shall inspect the
property and notify the Board of compliance. The motion was duly seconded and upon the vote
being taken, Members Kerwin, Riley and Swanberg voted "aye;" Members Henegar and Rogers
voted "nay. II Motion failed.
Concern was expressed the business would not be visible without the signs. Discussion
ensued in regard to the signs on the property and Mr. McGuire said the existing signs were not
altered except for the changeable message insert. It was noted the message can be changed if the
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February 28, 1996
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sign is permitted and new businesses are required to obtain their own sign permits and occupation
licenses.
Discussion ensued regarding outdoor storage and displays requiring a conditional use on this
property which is zoned general commercial.
In response to a question, Mr. McGuire indicated no alterations were made to the frol1t of
the building. The Assistant City Attorney stated the use of the property was expanded without a
conditional use approval. Mr. McGuire stated the produce baskets are carried in and out daily.
Member Riley moved that concerning Case 13~96 regarding violation of Chapter 29, Article
II, Sections 29.28 & 29.30(1), Chapter 40, Article I, Section 40.004(3)(al, and Chapter 44, Article
II, Section 44.31 {1} of the Clearwater City Code on property located at 161 2 Gulf-to-Bay
Boulevard, also known as Lakewood Replat, Lot 7 & east 45' of Lot 6, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the
28th day of February, 1996, and based on the evidence, the Municipal Code Enforcement Board
enters the following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER.
FINDINGS OF FACT
After hearing testimony of Janice King, City Inspector, and John McGuire, attorney
representing Remprop Inc. , R. A. Richard Metz (Goin' Bananas), and viewing the evidence
submitted: City Exhibits 1-5 (Exhibit 1 - Code sections violated, Exhibit 2 - Composite Photos taken
12/28/95, 2/23/96, and 2/27/96, Exhibit 3 - Notice of Violation dated 11116/95, Exhibit 4 -
Affidavit of Violation and Request for Hearing dated 1124196, and Exhibit 5 - Notice of Hearing
dated 2/13/96), and Defendants Exhibits 1-2 (Exhibit 1 - Composite Photos undated and Exhibit 2 -
City of Clearwater occupational license dated 10/30/95), it is evident that a business is being
operated without an occupational license, signage has not been permitted and outdoor sales are
being conducted, which use is not in compliance with the zoning regulations at 1 612 Gulf-to-Bay
Boulevard. .
CONCLUSIONS OF LAW
Remprop Inc... A.A. Richard Matz (Goin' Bananas!, is in violation of Chapter 29, Article II,
Sections 29.28 & 29.30(1), Chapter 40, Article I, Section 40.004(3)(a), and Chapter 44, Article II,
Section 44.31 (1) of the Clearwater City Code of Ordinances.
PRDER
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It is the Order of this Board that Remprop Inc., R.A. Richard Metz (Goin' Bananas), shall
comply with Chapter 29, Article II, Sections 29.28 & 29.30(11, Chapter 40, Article I, Section
40.004(3)(a), and Chapter 44, Article II, Section 44.31 (1) of the City of Clearwater Code of
Ordinances within 15 days (3/14/96). If Remprop Inc., R. A. Richard Metz (Goin' Bananas!, does
not comply within the time specified, the Board may order him to pay a fine of $100.00 per day for
each day the violation continues to exist. If Remprop Inc., R.A. Richard Metz (Goin' Bananasl, does
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 Remprop Inc., R.A.Richard Metz (Gain' Bananas),
pursuant to Chapter 162, Florida Statutes. Upon complying, Remprop Inc., A.A. Richard Metz
(Gain' Bananas), shall notify Janice King, the City Official who shall inspect the property and notify
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February 28. 1996
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the Board of compliance. Should a dispute arise concerning compliance, either party may request 0
further hearing before the Board.
Any aggrieved party may petition the Boord 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.
Member Henegar expressed concern if vendors at the downtown market on Saturdays were
licensed. The Board Attorney again noted this issue did not relate to the case before them.
Upon the vote being taken on the motion on the floor, the motion carried unanimously.
C. Case 14~95
Gerald Rehm & Associates, Inc.
699 Lakevlew Road
(Land Development Code)
The Assistant City Attorney questioned Janice King, City Inspector, regarding her
investigation. Ms. King said when she visited the property, she observed a tractor trailer stored
outdoors, fencing was not present and dumpsters were not properly screened. The property owner
had obtained conditional use approval to permit vehicle service in May 1995. The property is zoned
limited industrial.
f:; The original notice of violation was sent on 9/27/95. Photos taken on 9/25/95, 11/8/95 and
after 10/9/95 represent the current conditions. In response to a question, Ms. King stated she was
unsure of the nature of the businesses on the property. She advised she has been in contact with
the owner and his representative several times. Ms. King advised improvem,ents have been made
but items are being stored outside the warehouse. She said the dumpster is screened, the outdoor
storage area is fenced, but fencing material was to be opaque and transparent fencing was
installed. This case is scheduled for Planning & Zoning Board review on 3/5/96. The violation
regarding the dumpster has been corrected but there is concern regarding the transparent fence and
the tractor trailer stored outside the fence. The property was visited yesterday but is still not in
compliance. The City recommends a $50/day fine for as long as the violation exists.
Ms. Dougall-Sides submitted City Exhibits 1 ~6. Greg Rehm, son of property owner, was in
attendance to represent his father. In response to a question. Ms. King replied the roll off container
can stay on the property as long as construction is being done. However, no outdoor storage is
allowed. She said during the warehouse renovation, racks, piping etc. are being stored outdoors.
She said this situation has been going on for some time.
Discussion ensued regarding construction on the site and the difficulty of storing materials in
an enclosed area during this time. It was noted the tenant who is doing the renovating is trying to
work with the City.
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In response to a question, Mr. Rehm said the tenant has already spent $55,000 in
renovations. He noted the correct address is 699~ 1/2 lakeview Road. He said items that were
stored in the yellow building had to be brought outside during the renovation. They were to be put
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February 28, 1996
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in the fenced storage area, however, the Building Department informed them certain parking
requirements had to be met. Because of the parking requirements, they paved one acre for parking.
An additional fence permit was obtained to put fencing on the west side of the yellow building to
shield the trailer. They will be requesting a conditional use for outdoor display.
In response to a question, Mr. Rehm indicated construction is almost completed. He said
there should not be anything outside on the east side which would face the residential areas. Mr.
Rehm agreed 60 days is sufficient time to correct the situation.
Member Riley moved to continue this case for 30 days. The motion was duly seconded and
carried unanimously.
D. Case 15-96
Florida Family Investors, Inc.
c/o Baxter & Rinard
19400 U.S. Highway 19, North
(Land Development Codel
E. Case 16-96
Florida Family Investors, Inc.
c/o Baxter & Rinard
19400 U.S. Highway 19, North
(Sign Code)
No representative was present for either of these cases. The Assistant City Attorney
"....." questioned Janice King, City Inspector, regarding her investigation. Ms. King advised she received
\'1';,) a report from Inspector Phillips who visited the site on a weekend and observed vehicles parked on
the right-ot-way and illegal inflatable balloons. She said this business has had similar violations in
the past. She noted she has a good working relationship with Kenyon Dodge. She said Mr.
Carlson, Manager, agreed this would not happen again. He explained there was an "Ugly Truck"
contest held on the property of which he was not aware. He was not present during the contest.
Mr. Carlson stated it was a one day event. Photos were taken that day. The City recommends a
fine of $150/day. City Exhibits 1-5 were submitted for the record.
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In response to a question, Ms. King advised flags are allowed if not placed in the right-of-
way.
Member Riley moved that concerning Case 15~96 regarding violation at Chapter 36, Article I,
Section 36.007(1 )(c) and Chapter 42, Article II, Section 42.34(5)(a) of the City of Clearwater Code
on property located at 19400 U.S. Highway 19 N., also known as M&B 14.01, Section 19-29-16,
the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement
Board hearing held the 28th day of February, 1996, and based on the evidence, the Municipal Code
Enforcement Board enters the following FIND~NGS OF FACT, CONCLUSIONS OF LAW, AND
ORDER.
~lNDINGS OF FACT
After hearing testimony of Janice King, City Inspector, and viewing the evidence submitted:
City Exhibits 1-5 {Exhibit 1 - Code sections violated, Exhibit 2 - Composite Photos taken 1/20/96,
Exhibit 3 - Notice of Recurring Violation dated 1/29/96, Exhibit 4 - Affidavit at Recurring Violation
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February 28. 1996
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and Request for Hearing dated 1/26/96, and Exhibit 5 - Notice of Hearing dated 2/13/96), it is
evIdent vehicles were parked on the right-of-way area in a zone not designated for this use at
, 9400 U.S. Highway 19 North, that this condition was corrected and recurred. It is further evident
the condition was corrected prior to this hearing.
CONCLUSIONS OF LAW
Florida family Investors. Inc.. Real Property Owne(, was in violation of Chapter 36, Article I,
Section 36/007(1 )(e), and Chapter 42, Article II, Section 42.34(5)(a) of the Clearwater City Code of
Ordinances, that Florida Family Investors, Inc. was found to have violated the same provision of the
code on 6/25/94 and 8/15/94, and that Florida Family Investors, Inc. has committed a repeat
violation.
ORDER
It is the Order of this Board that Florida Family Investors, Inc. shall continue compliance with
Chapter 36. Article I, Section 36.007(1 Hcl, and Chapter 42, Article II, Section 42.34(5)(al of the
Clearwater City Code of Ordinances of the City of Clearwater Code of Ordinances. If Florida
Family Investors, Inc. repeats the violation, the Board may order a fine of $150.00 per day for each
day commencing on the day of the next violation and continuing for each day the violation
continues to exist after Florida Family Investors, 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.
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.
E. Case 16~96
Florida Family Investors, Inc.
c/o Baxter & Rinard
19400 U.S. Highway 19, North
(Sign Code)
Member Riley moved that concerning Case 16-96, regarding violation of Chapter44, Article
III, Section 44.57(2) of the City of Clearwater Code on property located at 19400 U.S. Highway
19, North, also known as M&B 14.01, Section 19-29-16, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the 28th day of
February, 1996, and based on the evidence, the Municipal Code Enforcement Board enters the
following FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER.
FINDINGS OF FACT
After hearing testimony oJ Janice King, City Inspector, and viewing the evidence submitted:
City Exhibits 1-5 (Exhibit 1 - Code sections violated, Exhibit 2 - Composite Photos taken 1/20/96,
Exhibit 3 - Notice of Recurring Violation dated 1/29/96, Exhibit 4 - Affidavit of Recurring Violation
-...J and Request for Hearing dated 1126/96, and Exhibit 5 . Notice of Hearing dated 2/13/96), it is
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Februarv 28. 1996
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evident that a large inflatable balloon was displayed, which is prohibited by code, at 19400 U.S.
Highway 19 North, Clearwater, FL, that this condition was corrected and recurred. It is further
evident the condition was corrected prior to this hearing.
CONCU,JSIONS OF LAW
Florida Family Investors. Inc.. Real Property Owner, was in vIolation of Chapter 44, Article
III, Section 44.57(2) the Clearwater City Code of Ordinances, that Florida Family Investors, Inc. was
found to have violated the same provision on 6/25/94 and 811 5/94, and that Florida Family
Investors, Inc. has committed a repeat violation.
ORDER
It is the Order of this Board that Florida Family Investors, Inc. shall continue compliance with
Chapter 44, Article Ill, Section 44.57'(21 of the Clearwater City Code of Ordinances. If Florida
Family Investors, Inc. repeats the violation, the Board may order a fine of $150.00 per day for each
day the violation continues to exist after Florida Family Investors, 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.
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
i~-'\ Petition to Reconsider or Rehear. The motion was duly seconded and carried unanimously.
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2. OTHER BOARD ACTION/DISCUSSION
A. Case 19-95 (Affidavit of Compliance)
Larry Bunting
11 66 Woodlawn Street
(Life Safety Code)
Member Rogers moved to accept the Affidavit of Compliance for Case 19-95. The motion
was duly seconded and carried unanimously.
B. Case 2-96 (Affidavit of Non-Compliance)
John & Nancy Hopp
522 S. Glenwood Avenue
(Building Code)
Member Riley moved to accept the Affidavit of Non~Compliance for Case 2-96 and issued
the order imposing the fine. The motion was duly seconded and carried unanimously.
Discussion ensued in regard to the Farmer's Market on Saturdays in the downtown.
Concern was expressed whether the vendors and performers were licensed and/or permitted.
Some discussion ensued regarding the County Health Department having jurisdiction over
o the events held at Coachman Park.
9
mcb2b,96
February 28. 1996
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Discussion ensued in regard to Code Enforcement Board fines not being paid even after they
have been reduced. Lt. Kronschnabl advised the Board the City will begin collection efforts.
3. APPROVAL OF MINUTES ~ February 14, 1996.
Member Rogers moved to approve the minutes of February 28, 1996, as corrected. The
motion was duly seconded and unanimously carried.
4. ADJOURNMENT
The meeting adjourned at 4:58 p.m.
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Nunicipal Code Enforcement Board
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Attest:
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Secreta to ~he Bo~rd
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mcb2b.96
February 28. 1996