09/25/1996 (2)
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~, ACTION AGENDA
CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of September 25, 1996
1. PUBLIC HEARINGS
A. Case 30-96 (Cont'd from 8/28) A. Withdrawn/complied prior.
Waclaw & Zenana Niewiarowski
2516 Sunset Point Road
(Land Development Code)
B. Case 31-96 (Cont'd from 8/28) B. ,Withdrawn/near compliance.
Charles E. & John C. Belcher
2 & 4 Highland Avenue
(Life Safety Code)
C. Case 37-96 C. Withdrawn/c'omplied prior.
Diane Hamilton
710 Fairwood Forest Drive
ILand Development Code)
D. Case 38-96 D. Ordered to comply within
E.G. Bradford & Sons, Inc. 10 days (10/5/96}.
(:) Earnest G. Bradford R/A
111 S. Belcher Road
(Occupational License)
E. Case 39.96 E. Continued to 10/23/96.
MRl #e-III Ltd. (Key West Grill)
2660 Gulf-to-Bay Boulevard
(Land Development Code/Environmental)
F. Case 40-96 F. Continued to 10/23/96.
Dina & Bryan Atkins
701 S. Highland Avenue
(Land Development Code)
G. Case 41-96 G. Withdrawn/will recite.
Remprop Inc., R. Metz, R/A
Lessee: Patrick Media Group
2071 Drew Street
(S;gn Code)
H. Case 42-96 H. Ordered to comply within
John & Bridgett Tassinari 10 days (10/5/96).
715 S. Glenwood Avenue
(Public Nuisance)
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ACTION AGENDA
~ CITY OF CLEARWATER
MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of September 25, 1996
2. UNFINISHED BUSINESS
A. Request to Reduce Fine A. Reduced fine to $150 if
Case 13-96 (Cont'd from 8/28) paid within 1 5 days
Remprop Inc., RIA Richard Metz (10/10/96).
Goin' Bananas Produce
1612 Gulf-to-Bay Boulevard
B. Affidavit of Compliance B. Accepted; reduced fine to
Request to Reduce Fine to $ 1,180.66 if paid within
Case 44-93 10 days (10/5/96).
H. Griffin/G.? Taliaferro
1402 N. Greenwood Avenue
C. Request Hearing regarding Compliance C. Approved.
Case 25-96
Gilbert G. Jannelli
1930 Drew Street
(:) D. Affidavit of Compliance D. Accepted.
Case 26-96
Samuel J. Castro
601 N. Fort Harrison Avenue
E. Abatement of Fines E. Abate accruing of fine.
Case 20-95
Gary & Phillips Wood/Patrick Media
1556 S. Fort Harrison
3. OTHER BOARD ACTION/DISCUSSION 3. None.
4. APPROVAL OF MINUTES - August 28, 1996 , 4. Approved as submitted.
5. ADJOURNMENT 5. 4:51 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATER
September 25, 1996
Present:
Louise C. Riley, Vice-Chair
Dennis Henegar, Member
Helen Kerwin, Member
Peg Rogers, Member
Leslie Dougall-Sides, Assistant City Attorney
Andy Salzman, Attorney for the Board
Lt~ Jeff Kronschnabl. Community Response
M. Kathryn Diana, Secretary for the Board
Brenda Moses, Board Reporter
Absent:
Stephen Swanberg
Carl Rayborn
The meeting was called to order by the Vice~Chair at 3:00 p.m. in the
Commission Chambers at City Hall. In order to provide continuity for research, the
items wiil be listed in agenda order although not necessarily discussed in that order.
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 (30) days of
,.,0......... the execution of the order to be appealed. She noted that Florida Statute 286.0105
I ;
'.......... 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 39-96
MRL DC-III L TD./Key West Grill
2660 Gulf-to-Bay Boulevard
(Land Development Code/Environmental)
Assistant City Attorney Leslie Dougall~Sides stated this is a landscaping
violation. Inspector Albee met with the manager for the property today, who is
willing to comply with the code if given additional time. The City requests a
continuance to the next meeting.
Member Rogers moved to continue Case 39-96 to the October 23, 1996
meeting. The motion was duly seconded and carried unanimously.
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Case 42-96
John and Bridgett Tassinari
715 S. Glenwood Avenue
IPublic Nuisance)
John Tassinari agreed to the violation, however, indicated it was brought
about by the City.
In response to questions from the Assistant City Attorney, Inspector Janice
King said she spoke to Bridgett Tassinari on May 15, 1996 regarding complaints
about the rights-of-way along Druid Road not being maintained. Mrs. Tassinari
complained that Mr. Tassinari damaged their lawn mower while mowing the right-of-
way along this road. Ms. King said staff investigated the complaint regarding the
damaged mower. She said the property was posted on June 5, 1996 and was to be
cleared by June 21, 1996. The property was not cleared. Ms. King submitted
photographs of the property taken on June 5, 1996 and on September 24, 1996
(City Exhibit 1).
Discussion ensued regarding Mr. Tassinari owning a corner lot and being
. responsible for maintaining the rightswof-way on both Druid Road and Glenwood
Avenue. In response to questions, Mr. Tassinari said his property is addressed on
Glenwood Avenue and the vegetation and hedges along the rightwof-way serve as a
sound barrier from the activity of the hospital and belong to him and the City.
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Discussion continued in regard to the lawn mower complaint. Mr. Tassinari
indicated after City workers resurfaced an area with grass, a gate valve cover was
left protruding and damaged his mower. He said the City has denied paying for his
mower indicating there is no evidence to prove his claim. Mr. Tassinari pointed out
that the right-of-way along Druid Road is dangerous to maintain due to ambulances
and police vehicle traffic.
In response to a question, Ms. King stated the City code requires the owner
of any real property abutting any dedicated right-ofwway in the City to maintain it.
A question was raised if any photographs were taken of the protruding gate
valve cover and Mrs. Tassinari responded none were. She felt when the original
complaint had been called in, the City should have said to take pictures before they
sent workers to correct the situation.
Mr. Tassinari complained the City was picking on certain people. He noted
he had a list of 50 properties that he considered to be in violation of the code and
had not been cited. He questioned, if he provided the list to the City, would they
cite these properties. Ms. King indicated they would if a violation existed.
1...-/
In response to a question, Mr. Tassinari indicated he has mowed the right-ot-
way along Druid Road tor 18 years, however, stopped when he damaged his
mower. Mrs. Tassinari telt the City should pay for the damage to the mower.
Concern was expressed the gate valve may have been improperly installed. It was
questioned whether a work order had been issued regarding its repair.
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It was noted the damage to the lawn mower is a separate issue and that the
Board should concern themselves only with the cited violation.
A question was raised if Mr. Tassinari would mow the right-of-way if he was
reimbursed for the damaged mower. He indicated he would consider doing so.
Member Henegar moved to continue Case 42-96 to the next meeting pending
a report from staff that the gate valve was properly installed and damage to the
mower was not the City's fault. The motion was duly seconded.
Lieutenant Kronschnabl noted the complaint regarding the damaged mower
was not filed until a year after the incident.
Concern was expressed if the case was continued until the next meeting the
right-at-way would remain overgrown for 30 days.
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The Board Attorney stated the Board first needs to determine whether a
violation currently exists noting Mr. Tassinari has admitted to the violation.
Upon the yote being taken, Member Henegar voted "aye;" Members Rogers,
Kerwin and Riley voted "nay." Motion failed.
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Member Rogers moved that concerning Case 42-96 regarding violation of
Section 20.35(2) of the City of Clearwater Code at 715 S. Greenwood Avenue. aka
Druid Hills. part of Lots 69 and 70, the Municipal Code Enforcement Board has
heard testimony on September 25, 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 John and Bridgett Tassinari, Respondents, and
Janice King, Code Inspector, and viewing the evidence, City Exhibit 1 (photos of the
condition of the property) it is evident a Yiolation exists. excessive growth of grass,
weeds and/or other similar plant materials upon property abutting a dedicated right-
of-way in the city.
CONCLUSIONS OF LAW
The Respondents by reason of the foregoing is/are in violation of the Code of
the City of Clearwater, Florida, Section 23.5(2) in that Respondents have failed to
remedy the cited violation(s).
ORDER
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It is the Order of the Board that the Respondents are to correct the aforesaid
violation(s) on or before October 5. 1996. The burden shall rest upon the
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Respondent to request a relnspection by the Code Inspector to verify compliance
with this Order.
Upon failure to comply within the time specified, the City Manager may
authorize the entry upon the property and such action as is necessary to remedy the
condition, without further notice to the Respondents. The City Commission may
then adopt a resolution assessing against the property on which remedial action
was taken by the City the actual cost incurred plus $ 200.00 administrative cost.
Such cost shall constitute a lien against the property until paid. A notice of lien, in
such form as the City Commission shall determine, may be recorded in the public
records of Pinellas County, Florida, as other liens are recorded.
If the owner takes remedial action after the time specified, the City
Commission may assess the property the $200.00 administrative cost. Such cost
shall constitute a lien against the property until paid. Upon complying, the
Respondents shall notify Janice King, City Inspector, 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. The motion was duly seconded and carried
unanimously.
C.
Case 31 ~96 {Cont'd from 8/28)
Charles E. & John C. Belcher
2 & 4 Highland Avenue
(Life Safety Code)
,:~
City Inspector Rick Rosa said the property is now in compliance and
withdrew Case 31-96.
D. Case 38-96
E. G. Bradford & Sons, Inc.
Earnest G. Bradford RIA
111 S. Belcher Road
(Occupational License)
Ms. Diana noted staff received a call that Mr. Bradford is currently in the
process of renewing his license. This case was continued to later in the meeting to
allow:lnspector Barbara Sexsmith to follow-up on the status of Mr. Bradford's
renewal.
Later in the meeting and after following up on Mr. Bradford's renewal,
Inspector Barbara Sexsmith indicated the licensing office had closed and she was
unable to obtain any information regarding Mr. Bradford's renewal. She noted Mr.
Bradford is also required to pay a public service tax. Beginning this year, the public
service tax is required to be paid by businesses selling LP gas before renewal of
occupational licenses. Letters were sent to businesses engaged in gas sales
V notifying them of the new policy. In response to questions, Ms. Sexsmith stated, in
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December 1995, she obtained a printout listing all delinquent licenses and tried to
contact each business by phone. There were over 2300 delinquent licenses this
year (95/96) causing the delay in Mr. Bradford's case coming before the Board. In
response to a question, Ms. Sexsmith indicated Mr. Bradford has been operating
without a license for 8/1/2 months.
Assistant City Attorney Dougall-Sides submitted City Exhibit 1 (Affidavit of
Service); Exhibit 2 (code section cited); Exhibit 3 (letter dated 3/8/96 re taxes on
propane sales); Exhibit 4 (memo dated 3/14/96 re public service tax); Exhibit 6
(letter dated 5/6/96 re violation of Article Ill, Section 29.871 (11 public service tax);
and Exhibit 6 (notice of violation dated 5/15/96).
In response to a question, Ms. Sexsmith indicated she had contacted the
business but no one returned her call.
Discussion ensued regarding Internal Audit monitoring the payment of the
public service tax and it was indicated this tax is based on the gross receipts from
the prior year.
Member Kerwin moved that concerning Case 38.96 regarding violation of
Sections 22.29 and 29. 30( 1) of the City of Clearwater Code at 111 S. Belcher
Road, Clearwater, Florida, aka Section 18.29~ 16, M&B 23.03, the Municipal Code
Enforcement Board has heard testimony on September 25, 1996, and based on the
evidence, the Municipal Code Enforcement Board enters the following Findings of
l~ Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
After hearing testimony of Barbara Sexsmith, Code Inspector, and viewing
the evidence, City Exhibits '-6 lEx. 1 . Affidavit of Service; Ex. 2 - Code section
cited; Ex. 3 - Letter dated 3/8/96 re taxes on propane sales; Ex. 4 - Memo dated
3/14/96 re public service tax; Ex. 5 - Letter dated 5/6/96 re violation of Article III,
Section 29.871 (1) public service tax; and Ex. 6 - Notice of Violation dated 5/15/96)
it is evident a violation exists, renewal of an occupational license is delinquent.
CONCLUSIONS OF LAW
The Respondents by reason of the foregoing are in violation of the Code of
the City of Clearwater, Florida, Sections 29.29 and 29.30(1) in that the
Respondents have failed to remedy the cited violation(s).
ORDER
It is the Order of the Board that the Respondents are to correct the aforesaid
violation(s) on or before October 5, 1996. The burden shall rest upon the
Respondents to request a reinspection by the Code Inspector to verify compliance
with this Order.
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In the event the aforesaid violation(sl are found, in subsequent proceedings
by this Board, not to have been corrected on or before October 5, 1996, the
Respondents may be ordered to pay a fine in the amount of Fifty and no/100 dollars
($50.00) per day for each day the violation(s) continue(s) beyond October 5, 1996.
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If Respondents 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 Respondents pursuant to Chapter 162 of the Florida
Statutes.
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 Border 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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E.
Case 40~96
Dina & Sryan Atkins
701 S. Highland Avenue
(Land Development Code)
Ms. Dougall-Sides requested that Case 40-96 be continued since Mr. and
Mrs. Atkins live out of state and proof of service has not been received. The City
will post the property.
Member Henegar moved to continue Case 40-96 to the meeting of October
23, 1996. The motion was duly seconded and carried unanimously.
F. Case 41-96
Remprop Inc., R. Metz, R/A
Lessee: Patrick Media Group
2071 Drew Street
(Sign Code)
Ms. Dougall-Sides withdrew Case 41-96 due to service problems. She also
expressed concern there may have been confusion as to whether the case would be
continued. Lt. Kronschnabl expressed concern that Mr. Metz has not picked up his
mail regarding this case. The Board Attorney advised that the property be posted
and a photograph of the posting be taken as proof of adequate notification. The
property is to be recited.
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2.
UNFINISHED BUSINESS
A. Request to Reduce Fine
Case 13-96 (cont'd from 8/281
Remprop Inc., RIA Richard Metz
Gain' Bananas Produce
1 61 2 Gulf-to-Bay Boulevard
In response to a question, Ms. Diana indicated the accrued fine is $600. The
Board Attorney said there is an appeal pending regarding Case 13-96. The City is
holding the appeal process in abeyance dependent upon the decision of this Board
as to the reduction of fine. The property is now in compliance. Administrative
costs on this property are approximately $150.00.
Member Henegar moved that concerning Case 13-96, the fine be reduced to
$150.00 if paid within 15 days of receipt of the Order. The motion was duly
seconded and carried unanimously.
B. Request Hearing regarding Compliance
Case 25-96
Gilbert G. Jannelli
1 930 Drew Street
i::)
The Board Attorney stated Case 25-96 has previously come before the Board
and a prior request for a rehearing was denied. On September 10, 1996, the
Planning and Zoning Board approved a conditional use for a temporary parking area
on the property which wouid bring the property into compliance if the conditions
attached to the approval have been met. The Board Attorney indicated it would be
appropr~ate for the property owner to be reheard.
Member Kerwin moved to approve the request for rehearing for Case 25-96.
The motion was dUly seconded and upon the vote being taken, Members Rogers,
Kerwin and Riley voted "aye;" Member Henegar voted "nay". Motion carried.
C. Affidavit of Compliance
Case 26-96
Samuel J. Castro
601 N. Fort Harrison Avenue
Member Rogers moved to accept the Affidavit of Compliance for Case 26-
96. The motion was duly seconded and carried unanimously.
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D.
Request to Reduce Fine
Case 44-93
G. P. Taliaferro
1402 N. Greenwood Avenue
Ms. Diana noted an Affidavit of Compliance was never issued. The property
has been in compliance since February of 1995. Inspector Whittleton presented an
AffidQvit of Compliance for the property. It was noted the accrued fine is $22,950.
Member Rogers moved to accept the Affidavit of Compliance for Case 44-
93. The motion was duly seconded and carried unanimously.
Inspector Whittletan stated he issued a violation notice in January of 1 993
regarding inspection of fire extinguishers and repair of a ceiling. Ms. Taliaferro said
she was unaware of the lien until March of 1996. Her uncle was taking care. of the
building and became ill. She said she had difficulty evicting a tenant, James R.
Nichols. Ms. Taliaferro stated; when the tenant moved out in 1994, she had the
roof repaired. The property is currently vacant and secured. Ms. Taliaferro said she
was unaware the tenant had signed for one of the hearing notices and had attended
a previous hearing.
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Discussion ensued regarding Ms. Taliaferro's signature appearing on the
return receipts for certified mail regarding this case. Ms. Taliaferro said she did not
recall signing the receipts. The Board Attorney noted her signature was not the
same on both receipts. He also noted she was out of town during the initial
hearing.
Member Rogers moved that concerning Case 44-93 to reduce the fine for
from $22,950 to $1,180.66 if paid within 10 days of receipt of the Order. The
motion was duly seconded and carried unanimously.
E. Abatement of Fines
Case 20-95
Gary & Phillips Wood/Patrick Media
1556 S. Fort Harrison
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Assistant City Attorney Oougall~Sides stated there is parallel litigation
between the City and Patrick Media regarding the validity of the City's sign
ordinances. In the course of that litigation, questions arose regarding certain
billboards located on U. S. Alternate 19 and portions of Gulf-to~Bay Boulevard.
Those roads may be part of the Federal and National Highway System and any City
enforcement action could affect City liability for removal of the billboard. She said
the City is requesting abatement of the accrual of fine previously imposed until
further notice. Ms. Dougall-Sides said the City has entered into a letter of
compromise to suspend certain fines currently running until a mutually acceptable
agreement is reached in regard to Chapter 479 of the Florida Statutes regarding
outdoor advertising, or until the status of the signs is resolved by a court of law.
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In response to a question. ,Board Attorney Salzman saId the intent is to get
compliance.
Member Henegar moved that concerning Case 20~95 to abate the accrual of
fine until further notice. The motion was duly seconded and carried unanimously.
,
3. OTHER BOARD ACTION/DISCUSSION ~ none.
4. APPROVAL OF MINUTES - August 28, 1996
Member Henegar moved to approve the minutes of August 28, 1996 as
submitted in writing ,to each member. The motion was duly seconded and carried
unanimously.
5. ADJOURNMENT
The meeting adjourned at 4:49 p.m.
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Attest:
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Chairma ~
Municipal Code Enforcement Board
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Secre ry t e Board
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