07/24/1996 (2)
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Municipal Code Enforcement Board
Minutes
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CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
ACTION AGENDA
Meeting of July 24, 1996 (3:00 p.m.)
PUBLIC HEARINGS
A.
Case 25-96 (Cont'd from 4/24, 5/22, 6/261
Gilbert G. JannelJi
1930 Drew Street
(Land Development Code)
A. Ordered compliance by 7/31/96
B.
Case 26-96
Samuel J. Castro (Cont'd from 6/26)
601 N. Fort Harrison Avenue
(Land Development Code/Environmental)
B. Ordered compliance within 10 days
(8/5/96)
c.
Case 27-96
Wass Associates
Holmquist Prop.. Mgt./Stephen HOI,mquist
2198 NE Coachman Road
Lessee: Patrick Media Group
C.T. Corp. System, R/A
(Sign Code)
C. Ordered compliance within 30 days
(8/23/96) ,
2. OTHER BOARD ACTION/DISCUSSION
o
3.
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CBAG7a96
A.
Request to reduce fine
A. Board approved reduction of fine
to $534.50 if paid within 10 days.
Case 55-92
METCD Development Corp.
1822 Drew Street
Case 57-92
METCD Development Corp.
1810 - 1820 Drew Street
8..
Request to reduce fine
B, Board approved reduction of fine
to $344.50 if paid within 10 days.
Case 66-92
Robert E. Hughes, Trustee
1312 North Garden Avenue
"
Case 66-92
Robert E.. Hughes, Trus'tee
1310A & B North. Garden Avenue
APPROVAL OF MINUTES - June 26, 1996
Approved as corrected.
7/24/96
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MUNICIPAL CODe ENFORCEMENT BOARD
CITY OF CLEARWATER
July 24, 1996
Present:
Louise C. Riley, Vice-Chair
Dennis Henegar, Member
Helen Kerwin, Member
Carl Rayborn, Member
Peg Rogers, Member
Leslie Dougall-Sides, Assistant City Attorney
Andy Salzman, Attorney for the Board
Cynthia Goudeau, Acting Secretary for the Board
Brenda Moses, Board Reporter
Absent:
Stephen 0, Swanberg, Chair
Faustino Delores, Member
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 Vice-Chair, at 3:00 p.m. in the
Commission Chambers at City Hall. The Vice-Chair 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 (301 days of the execution of the order to be appealed.
She 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 25-96 (continued from 4/24, 5/22, 6/26)
Gilbert G, Jannelli
1930 Drew Street
ILand Development Code)
Board members expressed concern the case has been continued several
times. Dr. Jannelli has requested another continuance in order to pursue an
exception he found in the code.
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Ms. Dougall-Sides stated Dr, Jannelli has requested the City engineer
approve parking in certain grass areas in particular circumstances. Based on his
request, the City requested a continuance. It was noted he was to file an
application for a conditional use permit. In a July 19, 1996, letter to the City
engineer, Dr. Jannelli stated he would file by the August 5, 1996, deadline. He
requested a continuance on the alleged community response violation until the
conditional use process was exhausted. Three previous continuances have been
granted but no progress has been made.. Ms. Dougall-Sides requested the Board go
forward with the case. She suggested the violator come into compliance by having
cars park elsewhere during the pendancy of the conditional use process. Should Dr.
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Jannelli obtain approval, compliance would be met. Ms. Dougall~Sides distributed
photographs of the parking area, City's Exhibits 4, and 1 through 7. Exhibit 7
consists of two memorandums from the City's Central Permitting Department
regarding Dr. JannelWs concern about other grass parking in similar situations, and
questioning why they were different than his case,
Rick Rosa, the City inspector, stated approximately twelve vehicles, some of
which were RADS vehicles, were parked on a grass area of a vacant lot,
constituting a violation of City Code 42.345A, requiring paved surfacing for parking
areas. The inspector stated no exemptions applied In this case. On March 6, 1996,
photographs were taken of the parking area. A notice of violation was issued to Dr.
Jannelli on March 13,.1996. At the first hearing of the Board, Dr. Jannelli pointed
to the exception to which he believed he was entitled, and he was given a
continuance. He submitted a drawing, and waited for a response from the engineer
instead of pursuing the case. March 25, 1996, was the deadline for compliance,
and on March 27, 1996, compliance was not met. As of July 16, 1996, Dr.
. Jannelli was still in violation. Pictures were taken after the compliance date expired.
It was noted there is no egress from the lot, which constitutes other violations.
The City inspector suggested the Board allow a reasonable time of one week
to correct the violation, and assess a fine of $100.00 per day should the violation
continue beyond the compliance date.
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Member Rogers moved that regarding Case 25-96, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the ~ day of ~ 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 Rick Rosa, City Inspector, and viewing the
evidence submitted: City Exhibits 1 ~ 7 (Exhibit 1 ~ Code sections violated, Exhibit 2 -
Ownership Verification/Property Appraiser, Exhibit 3 - Notice of Violation dated
3/13/96, Exhibit 4 - Composite photos taken 3/96, Exhibit 5 - Affidavit of Violation
and Request for Heating dated 3/28/96, Exhibit 6 - Notice of hearing dated 4/11/96
and Exhibit 7 ~ City of Clearwater Interdepartmental Correspondence dated 3/15/96)
it is evident automobiles are parking on the grass as referred to in the Affidavit of
Violation read into the record at 1 930 Drew Street.
CONCLUSIONS OF LAW
Gilbert G. JanneJlL Property Owner, is in violation of Chapter 42, Article /I,
Section 42.34(5)(a) of the Clearwater City Code.
ORDER
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It is the Order of this Board that Gilbert G. JannellL Property Owner, shall
comply with said sections of the Code of the City of Clearwater by 7/31/96. If
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Gilbert G.. Jannelli. Procerty Owner. does not comply within the tIme specified, the
Board may order him to pay a fine of $50.00 per day for each day the violation
continues to exist. If tJilbert G. Jaonelll. Property Owner, does not comply within
the time specified, a certified copy of the Order imposing the fine may be recorded
in the Public Records of Pinel/as 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 Gilbert G. Jannelli. Property Owner,
shall notify Rick Rosa, Inspector, the City Official who shall inspect the property and
notify the Board of compliance.
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 duty seconded.
Concern was expressed regarding one individual, the City Engineer, having
the authority to grant an exception. The Assistant City Attorney pointed out there
are criteria that must be met in order for the City Engineer to grant such approval.
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Upon the vote being taken, Members Kerwin, Rogers, Rayborn and Vice-
Chair Riley voted "aye", Member Henegar voted "nay". The motion carried.
B. Case 26-96
Samuel J. Castro (continued from 6/26)
601 N. Fort Harrison Avenue
(Land Development Code/Environmental)
Tom Hersem, attorney for the violator, was present. He agreed with the
City's affidavit, waived the reading, and requested ten days to comply with the
landscaping agreement he and Rick Albee, Environmental Inspector, had,discussed.
Ms. Dougall-Sides introduced the City's Exhibits,
Member Rogers moved that concerning Case 26-96, the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 2:I:1h day of ~ 1996, and based on the evidence, the Municipal
Code Enforcement Board enters the following FINDINGS OF FACT. CONCLUSIONS
OF LAW. AND ORDER.
FINDINGS OF FACr:
u
After hearing testimony and viewing the evidence submitted: City Exhibits 1-
8 (Exhibit 1 - Code sections violated, Exhibit 2 - Landscape Plan dated 8/8/88,
mCS07.96
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07/24/96
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, Exhibit 3 - Letter from Michael D. Quillen, Office of Environmental Management
dated 2/10/95, Exhibit 4 - Notice of Non-Compliance dated 3/29/95, Exhibit 5 -
Notice of Violation dated 4/26/96, Exhibit 6 - Affidavit of Violation and Request far
Hearing dated 3/28/96, Exhibit 6 - Letter from Richard Albee, Office of
Environmental Management dated 4/26/96, Exhibit 7 - Affidavit of Violation and
Request for Hearing dated 5/20/96, and Exhibit 8 - Composite Photos taken
6/24/96) it is evident landscaping is not in compliance at 601 N. Fort Harrison
Avenue..
CONCLUSIO~S OF LAW
Samuel J. Castro. Property Owne(, is in violation of Chapter 42, Article II,
Section 42.27(8)(a)&d and Chapter 36, Article I, Section 36.007(1 )(c) of the
Clearwater City Code.
ORDER
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It Is the Order of this Board that Samuel J. Castro. Property Owner, shall
comply with said sections of the Code of the City of Clearwater by 8/5/96. If
Samuel J. Castro. Property Owner/ 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 Samuel J. Castro. Property Owner, 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 Samuel J. Castro, Property Owner,
shall notify Richard Albee, Inspector, the City Official who shall inspect the property
and notify the Board of compliance.
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.
C. Case 27-96
Wass Associates
Holmquist Prop. Mgt../Stephen Holmquist
2198 N. E. Coachman Road
Lessee: Patrick Media Group
C. T. Corp. System, RIA
(Sign Code)
v
Donald E. Hemke, attorney retained by the alleged violator, contested the
sign ordinance's validity. He did not contest the violation as it is on the books
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today. rather he contested the constitutionality of the code.. He requested the Board
grant an extension on the case until after litigation, which is scheduled for
September 16, 1 996.
Lt. Jeff Kronschnabl stated surveys began in" 1992 and 1993 to review
billboard compliance. The City is concerned with whether they are in compliance
today, regardless of when the trial starts. The City's plans are to review each sign
for compliance, and those which are not in compliance will be brought to the Board.
It was emphasized the code is law and the Board enforces the code. It was also
noted the alleged violator's sign was to have been in compliance in 1992.
Mr. Salzman requested the Board consider under Findings of Fact there exists
a sign greater than 64 feet.
Ms. Dougall-Sides presented Exhibits 1-6, and requested the Board find the
alleged violator in violation, and assess a penalty of $50.00 per day if compliance is
not reached.
Member Rogers moved that concerning Case 27-96 the Municipal Code
Enforcement Board has heard testimony at the Municipal Code Enforcement Board
hearing held the 24th day of J.u.U!.. 1 996, and based on the evidence, the Municipal
Code Enforcement Board enters the following FINDINGS OF FACT, CONCLUSIONS
OF lAW, AND ORDER.
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FINDINGS OF FACT
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After hearing testimony of Donald Bohr, City Inspector, and Donald Hemke,
attorney representing Patrick Media and viewing the evidence submitted: City
Exhibits 1-6 IExhibit 1 - Code sections violated, Exhibit 2 - Ownership
Verification/Property Appraiser, Exhibit 3 - Minutes and Action Agenda from City
Commission Special Meeting on Sign Variances of 1/15/93, Exhibit 4 ~ Notice of
Violation dated 5/1/96, Exhibit 5 - Composite photos taken 4/12/95 and 7/23/96,
and Exhibit 6 - Sign Amortization Affidavit of Violation and Request for Hearing
dated 5/29/96) it is evident signage exceeding the maximum square footage, height
and setback requirements allowed in this zoning district exists as referred to in the
Affidavit of Violation read into the record at 2198 NE Coachman Road, Clearwater.
CONCLUSIONS OF LAW
Wass Associates. Holmquist Property Management. Property Owner and
EsJtrick Media Group. lnc.. Lessee, are in violation of Chapter 44, Article Ill, Sections
44.51(4){e) Lb, 44.51 (4He~ 1.c, and 44.55(3) of the Clearwater City Code.
ORDER
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It is the Order of this Board that Wass Associates. Holmquist Property
Management. Property Owner and Patrick Media Group. Ine.. Lessee. shall comply
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with said sections of the Code of the City of Clearwater within 30 days (8/23/96).
If Wass Associates. Holmquist Property Maoagement. Prope~ty Owner and Patrlcls.
Media Group. Inc.. Le~se~, 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 Wass Associates. Holmquist ProPl:lrty Management, Property Owner and
Patrick Media GrQup. Inc'.. Lessee, 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. Upon complying Wass Associates. Holmquist Property Manage[J1ent..
Property Owne,. and Patrick Media Group. Inc.. Les~ee, shall notify Donald Bohr,
Inspector, the City Official who shall inspect the property and notify the Soarp of
compliance.
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.
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2.
OTHER BOARD ACTION/DISCUSSION
A. Request to Reduce Fine
Case 55.92
METCO Development Corp.
1822 Drew Street
(request to reduce finel
Case 57-92
METCD Development Corp.
1810- 1820 Drew Street
(request to reduce finel
The fine in both cases was $25.00 per day. Both were in non-compliance for
48 days resulting in a fine of $1/200.00 for each case. Administrative costs were
$167.. 25 for each case.
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Mr. William Jennings, attorney for the violator, stated his client replaced a 50
inch high fence with a 48 inch high fence. At the time the fence was replaced, the
maximum height allowed for a fence was 30 inches. He prepared a variance
request to submit to the City. The staff person assisting him stated it would make
no difference in when the variance request was heard if the application was filed on
10/15/92 or 11/9/92. Due to additional variances which would have impacted
parking req:Jirements and other ordinances, the variance was not pursued and the
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fence was removed on November 13, 1992. Mr. Jennings' position is the fines
should only be accrued from November 9, 1992, to November 13, 1992, which is
four days for each lot..
It was explained the client was in compliance on November 13, 1992, which
was thirty days after the compliance date of October 15, 1992. It was noted the
Board never received notification of compliance. Concern was expressed that
replacing a fence would create these problems. In response to a question, it was
noted a permit was obtained for the fence, but the fence was not built to code.
Mr. Henegar moved to reduce the fine to $534,50 ($100.00 for non-
compliance and $1 67.25 administrative fee for each lot) for bath cases, payable
within ten days. The motion was duly seconded and carried unanimously.
B. Case 65-92
Robert E. Hughes, Trustee
1312 North Garden Avenue
(request to reduce finel
Case 66-92
Robert E. Hughes, Trustee
1310A & 8 North Garden Avenue
(request to reduce fine)
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Fines for Case 65-92 are $164,500.00 for 658 days of non-compliance at
$ 250.00 per day. Also incurred is a total of $172.25 in administrative costs to the
City. Fines for Case 66-92 are $164,500.00 for 658 days at.$250.00 per day.
Administrative costs to the City were a total of $172,25.
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Mr. Richard Logston, attorney for the property owner, stated Mrs. Yvonne
Irle was his client. Robert Hughes was the violator who has essentially disappeared.
Mrs. Irle acquired the property in question in 1984. In June, 1990, she sold the
property to Mr. Hughes as trustee of the rental property's trust. Mrs. Irle accepted
a note from Mr. Hughes for $75,000.00. Mr.. Hughes made only one payment on
the note. In March 30, 1993, Mrs. Irle retained Mr. Logston to file a foreclosure
action against Mr. Hughes.. The final judgment was signed October 6, 1993, by
Judge Harlan.. Mrs. Irle bought back the property at a foreclosure sale on November
19, 1993. The violations occurred and fines incurred while Mr. Hughes owned the
property. Mr. Hughes also did not pay real estate taxes for 1990, 1991, 1992, or
1993, and Mrs. Irle had to pay $7,016,00 in back taxes to the county when she
purchased the property In 1993. Mrs. Irle allowed demolition of the buildings, at a
cost of $15,590.00, due to the City's beautification program. Vacant lots now
exist at both sites. Religious Community Services presented a sales contract tor the
vacant land. At closing in May, 1996, Mrs. Irle discovered liens for $164,000.00
per lot, and the closing did not take place. In response to questions, Mr. Logston
indicated he hired a private investigator to try to find Mr. Hughes in hopes of
obtaining a deed in lieu of foreclosure but was unsuccessful. Mr. Logston
emphasized Mrs. Irle has lost a great deal of money on the properties, and is not
legally obligated for Mr. Hughes' debts.
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It was noted the violations were filed against Mr.. Hughes. Mr. Salzman
Indicated the current property owner is responsible to clear the liens on the property
before sale.
Member Rogers moved to reduce the fines on Cases 65.92 and 66-92 to
$344.50 ($172.25 administrative costs for each case), payable within ten days.
The motion was duly seconded and carried unanimously.
CasQ 1 3-9Q
Going Bananas Produce
1612 Gulf to Bay
Mr. Salzman indicated the case was previously heard, and compliance has
been met. The fines were $600.00, and the case has been appealed. An appeal
process would cost the City more than $600.00. The City is in agreement to hold
the appeal process in abeyance if the Board will hear the request for fine reduction
at the next meeting.
Member Rogers moved to hear the request for fine reduction at the next
meeting. , The motion was duly seconded and carried unanimously.
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In response to a question, it was indicated the vendors which participated in
the Downtown Market Place were properly licensed.
3. APPROVAL OF MINUTES - JUNE 26. 1996
Member Rogers moved to approve the minutes with the correction Ms. Riley
was excused from the June 26, 1996 Board meeting. The motion was duly
seconded and carried unanimously.
ADJOURNME~T - The meeting adjourned at 4:30 p..m.
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