03/27/1996 (2)
ty,,':\:,:,I:':' --
~~:,~: ,~: :. . ,
. .'" ..,."
< ,', '. , ',. ,. .~
';;:,"
',i,," "
" '
.' "
, .
,
"t ~ L
<~.\:' .
\ .- ,
f-,,' ,
,,"
~ .' ,. : .' ..
; ~ ":' .,
~ . ,. . '
i'j '..
~j:~{,<, ~,:,', '," .....,
),. ~.;: '.. . .
~~;', ' " '.
~ / 'I. "" . .
:f:~~~'~\:'f';::i!',..~}~~..,-:,t"".,"",t,,\I""\""";"'. ~.... ".' .', < '....' ...,......';... .~.. " ...',' ',...,.~, '~"".. ~ . , ,.,' ,.' .~,"~' OT,
'I
, '~\
"
. ~._.r.J
CEB
"I
i :
Municipal Code Enforcement Board
Minutes
" ' .
i.' '
,"
'::'0
Date: . Mt&r~h . t 1, I.9!JiR
-t - {c;' L/
'0
~:_,,,,,,,,,,L',~~.~ +....~_'. ..,'
",~ .
. . . I , '.' .' , .' , ' . ~. .... '
PUBLIC HEARINGS
A. Case 1.96 (Cont'd from 1/14; 1/23, 2/14)
David R. Leonard
1300 S. Fort Harrison Avenue
Lessee: Patrick Media Group, Inc.
(land Development Code - Signs)
" '
;tf,tf.r( '...;"1.
1.
i -----....
, "
B.
C.
D.
E.
t',
~"roi
ACTION AGENDA ~~ MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of March 27, 1996 (3:00 p.m.l
A. Withdrawn/Complled Piior
Case 8-96 (Cont'd from 2/14)
Mario & Armelia Menna
755 Bay Esplanade
(Building Code)
B. Withdrawn/Complled Prior
Case 10-96 (Cont'd from 2/14t
Moti & Kanta Shewa
55 Gardenia Street
(Building Code)
C. Withdrawn/Complied Prior
Case 11-96 [Cont'd from 2/14)
Tom Sehlhorst & Dorothy Casey
604 Palm Bluff
(Building Code)
D. Continued to 4/24/96
Case 14-96 [Cont'd from 2/28)
Gerald Rehm & Associates, Inc.
699-1/2 lakeview Road
ILand Development Code)
E. Withdrawn/Complied Prior
F.
Case 17-96
Steven & Pamela Weigand
1957 Sever Drive
(Land Development Code)
F. Ordered to comply immediately.
G.
Case 18.96
David l. & Leslie J. Schriver
1 780 Linwood Circle
(Standard Housing Code)
G. Continued to 4/24/96
Other Board Action/Discussion
A. Case 6-96 - Affidavit of Compliance
Robert F. Stewart
1869 Francis Drive
(Building Code)
2.
\.J
CaAG3a96
A. Accepted
B.
Case 12-96 - Affidavit of Compliance
John & Elyse McGuire
1447 Stewart Blvd
B. Accepted
c.
Case 13-96 - Affidavit of NonCompliance
Remprop, Inc.
Richard Metz, R.A.
P.O. Box 6163
(Occupational License/land Development Codel
C. Accepted; issued order
imposing fine
~
3.~'7.q~
"hi
. , ho"
<' t'.:: f:!'
'.:::]....\:
. ,.~ . I ..... ,... r ,'.
.t\'"'K"" '", -- -- , '
1;:~:;~: ,...J. ":' ,. '_ '
",':'~ ,... \ ' ,
i::>
.--........
,"-,) Present:
MUNICIPAL CODe ENFORCEMENT BOARD
CITY OF CLEARWATER
March 27, 1996
Stephen D. Swanberg, Chairman
Louise Riley, Vice-Chairman
Peg Rogers, Member
Dennis Henegar, Member
Faustino Dolores, Member
Carl Rayborn, Member
Leslie Dougall-Sides, Assistant City Attorney
Kim Murano, Attorney for the Board
Mary K. Diana, Secretary for the Board
Anne Green, Staff Assistant III
Absent:
Helen Kerwin, 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 1-96
David R. Leonard
1300 S. Fort Harrison Avenue
Lessee: Patrick Media Group, Inc.
(Land Development Code - Signs)
In a memo dated 3/5/96, Lt. Kronschnabl requested this case be withdrawn as this property
is now in compliance. '
B. Case 8-96 (Cont'd from 2/14)
Mario & Armella Menna
755 Bay Esplanade
(Building Codel
In a memo dated 3/18/96, Vern Packer requested this case be withdrawn as the homeowner
has obtained a building permit and is now in compliance.
C.
Case 10-96 (Cont'd from 2/14)
Mati & Kanta Shewa
55 Gardenia Street
(Building Code)
;'-/
mcb3a.96
March 27, 1996
1~~.:. ~i ' .'.: ' ,,", ::
,'"
In a memo dated 3/27/96, the Building Department requested this case be withdrawn as this
'"' property is now in compliance.
~w~
\""ft~i
l~
D. Case 11-96 (Cont'd from 2/14)
Tom Sehlhorst & Dorothy Casey
604 Palm Bluff
IBuilding Code)
The Assistant City Attorney requested this case be continued until the next meeting as the
original Building Inspector who cited this violation is no longer employed by the City. This would
enable the inspector assigned to become more familiar with the case. Concern was expressed the
alleged violator was present and had not been notified his case would be continued. Staff
apologized to Mr. Sehlhorst.
Member Riley moved to continue Case 11-96 to the meeting of 4/24/96. The motion was
duly seconded and carried unanimously.
E. Case 14-96
Gerald Rehm & Associates, Inc.
699-1/2 lakeview Road
(Land Development Code)
In a memo dated 3/28/96, Janice King requested this case be withdrawn as compliance was
achieved prior to the meeting.
F.
Case 17-96
Steven & Pamela Weigand
1957 Sever Drive
(Land Development Code)
The violator agreed to the violation as stated in the Affidavit of Violation and Request for
Hearing and read into the record by the Board Secretary. Steven Weigand stated his home was in
poor condition when purchased and he has been continually making improvements. A permit has
been pulled to move the fence, enlarge the pool area and add landscaping. The hauling trailer was
used to clean the property during construction. Mr. Weigand said he wants to do additional work in
back of the house and is concerned this situation will reoccur. He noted he is a qualified general
contractor.
The Assistant City Attorney questioned Janice King, City Inspector I regarding her
investigation. Ms. King stated Mr. Weigand was in violation on 2/9/96 and 2/10/96. The first
violation occurred 4/7194 and a Notice of Violation was issued. She said there have been numerous
complaints regarding trailers (3 different types) parked in the street. A chronology of events and
photos, along with a notice of recurring violation were submitted. The City recommends a $50/day
fine if the trailers are parked on the street for more than 24 hours. The City submitted exhibits 1-6
which included the chronology of events, photos, and notice of recurring violation.
Mr. Weigand stated when he bought a new boat, the trailer had been parked on the street
right.of-way for more than 24 hours. He said at times his boat has been parked in the right-of-way
2
mcb3a.96
March 27. 1996
. ~ . LIIl. ~
. ~ , . ., , \ . > . . , .
f~,;r:
overnight. He has made arrangements for his hauling trailer to be kept elsewhere. The Assistant
City Attorney recommended citing this violation as recurring.
I" -r.'......~
Mr. Weigand stated he made a mistake by leaving the trailer in the right-of-way over 24
hours. He said he is willing to work with the City regarding future landscaping in his backyard.
The Public Hearing was closed.
Discussion ensued regarding the use of hauling trailers during construction and it was
indicated individuals should check with the Building Department regarding their use.
Member Rogers moved that concerning Case 17-96 regarding violation of Chapter 42, Article
II, Section 42.34(9)(a)2 of the Clearwater City Code of Ordinances on property located at 1957
Sever Drive, also known as Fair Oaks 5th AdditiQn, Lot 185, the Municipal Code Enforcement Board
hearing held the 27th day of March, 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 Steven Weigand, Real Property
Owner, and viewing the evidence submitted: City Exhibits 1-6 (Exhibit .1 - Code sections violated,
Exhibit 2 . Notice of Recurring Violation dated ,2/13/96, Exhibit 3 - Composite Photos taken 2/9/96,
2/10/96, 2/22/96, and 3/5/96, Exhibit 4 - Affidavit of Recurring Violation and Request for Hearing
dated 2/13/96, and Exhibit 5 - Notice of Hearing dated 311 2/96), and Exhibit 6 - Chronology of
Events at 1957 Sever Drive, also known as Fair Oaks 5th Addition, Lot 185, it is evident a trailer
,.....,'. was parked on a street right-of-way for more than 24 hours in violation of the City's code at 1957
, '
'-....I Sever Drive. that this condition was corrected and recurred.
CONCLUSIONS OF lAW
Steven & Pamela Weigand, are in violation of Chapter 42, Article II, Section 42.34(9)(a)2 of
the Clearwater City Code of Ordinances.
08DEB
It is the Order of this Board that Steven & Pamela Weigand shall comply with said section of
the Code of the City of Clearwater immediately and shall continue compliance with said section of
the Code. If Steven & Pamela Weigand repeat this violation, the Board may order them to pay a
fine of $50.00 per day for each day the violation continues to exist after the violator 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 fHed 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 unanimously carried.
'J
3
mcb3a.96
March 27, 1996
, . "'. ~'," " .' " ~
~f'~~~"<'"'''' ':'.'
G.
Case 18~96
David L. & Leslie J. Schriver
1780 Linwood Circle
(Standard Housing Codel
.......
,-r' .....
The Assistant City Attorney requested this case be continued until the next meeting as the
original Building Inspector who cited this violation is no longer employed by the City. This would
enable the inspector assigned to become more familiar with the case.
Member Riley moved to continue Case 18-96 to 4/24/96. The motion was duly seconded
and carried unanimously.
2. Other Board Action/Discussion
A. Case 6-96 - Affidavit of Compliance
Robert F. Stewart
1869 Francis Drive
'(Building Codel
B. Case 12-96 - Affidavit of Compliance
John & Elyse McGuire
1447 Stewart Boulevard
Member Riley moved to accept the Affidavits of Compliance for Cases 6-96 and 12-96. The
motion was duly seconded and carried unanimously.
(~
''''qy:.l
C.
Case 13-96 - Affidavit of Non~Compliance
Remprop, Inc.
Richard Metz, R.A.
P.O. Box 6163
(Occupational License/land Development Code)
Member Riley moved to accept the Affidavit of Non-Compliance for Case 1 3-96 and issued
the Order imposing the fine. The motion was duly seconded and carried unanimously.
D. Discussion
Discussion ensued regarding political signs from the March 12, 1996 election. Ms. King
advised the candidates had been advised to remove them. A suggestion was made to notify the
candidates by mail.
3. Adjournment
The meeting adjourned at 3:37 p:m.
'~
Board
-~~fi'>
4
March 27. 1996