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01/25/1995 (2) ....t. . .' ,.... >'...::::',:..... '. ~: ~ . . . " ..' I . ~., \i' " .. , " '. .. .'. "'1 , " ..... .' . " " . '.,:": " .' '. " .c; .:~. :-:'. I , . ) , ., ,... ; ". .':, .... , . , , :. /;.::" ,",. '. . . , ,. ' " . ~'t'...l'.+:''('";"''~....;:!,...:~-=.~''.;..~ "....,... ."1 ' '..' d..., ,. ~ '., ... , \, .. > . , . , . .' -, ,~- .. ," ,. -..... ~ . '" ... . . .." ..... ", "'c'''' ,..,....~ c,h~.,........,~.,_.... I . .; c " . ., ( , I "l.~'" CEB " ~I .Municipal Code Enforcement Board Minutes o Date -r - c; t-; LJ. \ o . . .' . '. . : > ~ . . . L, . (" . . . l' .> . . . . i;!;~"I"."/f ....,.1".:-. .;, ~~:;:'\c: ~ . .>~C~.~ {~ MUNICIPAL CODE ENFORCEMENT BOARD Meeting of January 25, 1995 - 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 be assessed in case of non-compliance.) Case 01~95 ~ Continued from January ", 1995 Robert & Chitranee Drapkin 1138 Grove Street (Land Development Code) Case 03~95 - Continued from January 11, 1995 Evangelos & Maria Natsis 1 626 Drew Street (Land Development Code) Case 04-95 - Continued from January 11, 1995 K 0 Sauder, Tre/Carvella Fashions & Things 1969 Sunset Point Rd #16 (Land Development Code) Case 05-95 - Continued from January 1" 7 995 K 0 Sauder, Tre/Sczensnik Fantastic & Sams 1969 Sunset Point Rd #7 (Land Development Code) Case 06-95 Michael & Patricia Vlamakis 2004 Drew St (Occupational License & Land Development Code) Case 07-95 Marshall S Harris 1 649 Flagler Dr (Land Development Code) Case 08~95 Demetrios & E Panoutsakosl Gregory G Hoyt 1015 N Osceola Avenue (Public Nuisance) Withdrawn - Complied Prior Ordered Compliance immediately. Withdrawn - Complied Prior () Withdrawn - Complied Prior Continued to February 8, 1995 Continued to February 8, 1995 Ordered compliance by March 15, 1995. o cbact01 b.95 , ... . ... I' . . , "" , '.'" , '. , . . , , , fj"'.:..'; ,..;::< " '. ;..:"..:,\.' .:'~' ': : ....,:. '. #~rm1:""''':'"<'.' <" ~l, j' I . ~.. c,... ,.,., ". ~~{\,3'\ <:,'~'::, ::.:'>::"':,:. .', ':'. '. ','" :.' ': ",", . .: ~ . . . 'j .'. ". .. ..~' "";~~':'~.~r\t~ .~ Agenda Action UNFINISHED BUSINESS None OTHER BOARD ACTION I DISCUSSION Case 25-94 ~ AHidavit of Compliance & Request to Address Board Regarding Fine Stephen Sallis, TRE, c/o Dayton Resources, L TO Trust 304 - 1425 Sunset Point Road (Land Development Code - Signs) Accepted Affidavit; Denied request tD address BDard Case 61-94 ~ Affidavit of Compliance Scott Segin 1 460 S Prescott Ave (Public Nuisance) Accepted ELECTION OF BOARD CHAIRMAN & VICE CHAIRMAN Re-elected Member Swanberg as Chairman; ReHelected Mem~ ber Riley as Vice-Chairman '0 MINUTES - January 11, 1995 , Approved as submitted ADJOURN 4:12 p.m. o cbactOlb.95 I . ,I . . .. . " . .'''. . ~' ., . , , . . ' . . C C . I . iC .. '. > :, ~. ., . :' o. ~'fi::t,'ii:> :~':: .,.;\ >. '...::, : . ,," ,.' ~' . . , . .. '" .:' ..':1 :~ ,._~.... MUNICIPAL CODe ENFORCEMENT BOARD January 25, 1995 Members present: Stephen D. Swanberg, Chair Louise C. Riley, Vice-Chair Helen Kerwin Peg Rogers Robert Theroux Members Absent: Dennis Henegar Carl Rayborn Also present: Andy Salzman, Attorney for the Board Miles Lance, Assistant City Attorney Lt. Jeff Kronschnabl, Special Assistant to the City Manager/Community Response Team Mary K. Diana, Secretary for the Board .0 Gwen J. Legters, Recording Secretary In order to provide continuity for rosearch, 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 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. Case 0 1 ~95 - Continued from January 11, 1995 Robert & Chitranee Drapkin 1138 Grove Street (Land Development Code) In a memo dated January 25, 1995, Code Inspector Rick Rosa withdrew Case 01-95, stating compliance has been obtained. I.J MINce01 B.95 01/25/95 . . " I .. ~. '. '. . ~ " ., . . . , , . '. ..' . f~~' ~~ /., I~' ~ .. IJ ~ Case 03~95 ~ Continued from January 11, 1995 Evangelos & Maria Natsis 1626 Drew Street (Land Development Code) Evangelos Natsis, the property owner, did not agree to the violation, stating the tenants have been asked to remove the cars from the unpaved area. Code Inspector Janice King gave the background of the case, stating it was continued from the meeting of January 11, 1995 to ensure proper notice was served. The original notice of hearing was mailed to the property owners at the address on file in the Pinellas County Property Appraiser's office; however, it was reported Mr. and Mrs. Natsis live on Clearwater Beach. Ms. King stated notice of the continued hearing was sent to the Clearwater Beach address. Mr. Natsis confirmed he resides at 622 Poinsettia Avenue on Clearwater Beach and leases the subject property. (:) Ms. King reviewed the history of notifications and violations on the property, stating the original complaint was received on March 17, 1994. A courtesy letter informing the property owners of the ordinance prohibiting parking on unpaved areas was mailed on March 22, 1994. Another complaint was received on August 19, 1994. A vehicle was observed parked on the grass and the Notice of Violation was issued on September 13, 1994 with a September 26 compliance date. A complaint was received on November 18, 1994; however no violation was observed by the inspector. In response to a complaint on December 1, 1994, Ms. King reinspected the property, photographed a vehicle parked on the grass and requested a hearing before the Board. Subsequent violations were photographed on December 6 and December 30, 1994. An Affidavit of Service and the Notice of Hearing was posted at the violation address on January 11, 1995. No violation was observed at that time. Ms. King stated City Exhibit A, photographs of vehicles illegally parked on the subject property, was submitted at the last meeting. She recommended a $50 fine if vehicles are again observed parked on the unpaved area. . ~ ." In response to questions, Ms. King responded one of the illegally parked vehicles was a taxi and she did not know if the driver was a tenant of the subject property. She said she has not observed another violation since Christmas; however, only inspects the property sporadically. 'I ~ ,,', \' I' Assistant City Attorney Miles Lance arrived at 3:08 p.m. ,~>. Mr. Natsis stated he has talked to his tenants, who have agreed not to park there again. " .....) MJNCBOt B.95 2 01/25/95 . .,', I' . ..... \'" (,:... 'i. )i:: ,':;'~::.:,' :,;'..::..?,..t~::.\'):i<,~~.::'.i.':;.~};;';;\,;g't.::'{\'::~::';,\;',:i':~":;';:,,~,i'} " .' . " " " " ' , ' ',",' , ' \(.' ' , '.. ;/', ;"\:1 ,;, ' ~f.i\' :, ' t.,. ' ,*") Member Riley stated a car was parked there yesterday for about 4 hours and questioned if the vehicles in the photographs belong to the tenants. City Exhibit A was resubmitted for the record. Mr. Natsis, reviewing the photos, agreed the vehicles in the photos belong to his tenants. Lt. Kronschnabl expressed concern Mr. Natsis has been unable to prevent his tenants from parking in the yard although there is ample paved parking at the side and back of the property. It was indicated, while the violation has not been observed since the end of December, the illegal parKing has not ceased. Member Riley, who lives next to the property, confirmed cars are continuing to be parked there, particularly on the weekends. Mr. Natsis agreed there would be no more parking in the yard. It was questioned, as he does not live on the property, how Mr _ Natsis can be sure the illegal parking does not continue. Discussion ensued regarding the case. It was felt the property owner has been aware of this situation for some time. Attorney Salzman explained the Board can impose a fine if a violation is repeated in the future. It was felt the situation should be corrected immediately. i::) Member Rogers moved, concerning Case 03-95, regarding violation of Section 42.34CSlCa) of the Clearwater City Code on property located at 1626 Drew Street a/k/a Grandview Terrace Lot 41 & E1/2 of Lot 2, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the .2..51b day of ~, 1995, 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 the testimony of Janice King, Code Inspector, and Evangelos Natsis and viewing the evidence, exhibit submitted, City Exhibit At photographs of cars parked on the subject property, it is evident vehicles are being parked illegally on an unpaved area zoned for multi-family use at 1626 Drew Street. The Conclusions of Law are: Evangelos & Maria Natsis are in violation of Section 42.34l5Ha) of the Clearwater City Code. It is the Order of this Board that Evangelos & Maria Natsi& shall comply with Section 42.34(5)(a) of the Code of the City of Clearwater immediately_ If Evaogelos & Maria Natsis 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. .'0 MINCB01 B.95 3 01/25/95 " . .... """""",' {" " '. .... . , ~r~-'<:, ':: ..:" , () I If Evangelos & Maria Natsis 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, Evangelos & Maria Natsis shall notify Janice King, the City Official who shall inspect the property and notify the Board of compliance. Should the violation recur, 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. () Member Swanberg explained to Mr. Natsis he's being asked to eliminate the parking on grass. He explained, if the inspector again observes vehicles parked on. the unpaved area, Mr. Natsis will be fined. It was suggested Mr. Natsis have an agreement with his tenants regarding the parking arrangements. Mr. Natsis questioned how to enforce the parking problem, when he doesn't live on the property. Various suggestions for compliance were made, including obtaining a permit and building a small fence in the front of the yard. Attorney Salzman responded the Board's responsibility is to decide whether or not violations occur. He explained it is up to Mr. Natsis to determine how compliance is to be attained. Case 04.95 - Continued from January 11, 1995 K 0 Sauder, TrelCarvella Fashions & Things 1969 Sunset Point Rd #16 (Land Development Code) Case 05-95 - Continued from January 1 t 1995 K D Sauder, Tre/Sczensnik Fantastic & Sams 1969 Sunset Point Rd #7 (Land Development Code) v MINCB01 B.95 4 01/25/95 " ..,.,..' . .' '. " ~ . . ~, . . . " . f:=~J...'';:''~ .... ,... : ,. >. ,....- ~#'L....... In memos dated January 18, 1995, Lt. Kronschnabl withdrew Cases 04-95 and 05-95, stating compliance has been obtained. Case 06-95 Michael & Patricia Vlamakis 2004 Drew St (Occupational License & Land Development Code) Code Inspector Janice King requested a continuance of Case 06-95, stating compliance efforts are underway. Member Riley moved to continue Case 06-95 to the meeting of February 8, 1995. The motion was duly seconded and carried unanimously. Case 07-95 Marshall S Harris 1649 Flagler Dr (Land Development Code) In a facsimile message received January 24, 1995, Mr. Harris requested a continuancet stating he has a prior appointment. (......., , ~ Member Riley moved to continue Case 07-95 to the meeting of February 8, 1995. The motion was duly seconded and carried unanimously. Case 08-95 Demetrios & E Panoutsakos / Gregory G Hoyt 1 01 5 N Osceola Avenue (Public Nuisance) Real property owner Evangelis Panoutaskos, vehicle owner Gregory Hoyt and Jeffrey Hoyt were present to address the Board. Jeffrey Hoyt stated he would be speaking for his brother, Gregory. Vickie Niemiller, Code Inspector, outlined the violation, stating there is a vehicle on the property without a current license tag. The real property and vehicle ownership were verified through the official records of Pinellas County. She stated the notice of violation was sent to the real property owner and vehicle owner via both regular and certified mail. The property was first inspected on November 29, 1994 and a notice of violation was issued on December 2, 1994 with a December 15 compliance date. She stated the vehicle was still on the property this morning and recommended ten days to comply. City Exhibit A, photographs of the vehicle on the subject property, was submitted for the record. I l~ . MINCB01B.95 5 01/25/95 . '. '.,.. " " >.. ..' , ' j',' '. ,,'. >.....'. .j <. . , . ~""",",.t..ll'\ .. . . '<" /', In response to a question from Attorney Salzman, Ms. Niemiller stated there is no current tag on the vehicle. Jeffrey Hoyt objected to having the vehicle cited under the code section felating to prohibited accumulations of debris, stating he did not feel an untagged vehicle causes public injury. Ms. Niemiller read from the code, explaining inoperable motor vehicles are included under the definition of debris. She stated a vehicle without a current tag is a violation under the lot clearing code. Mr. Lance concurred, stating the City Commission has determined an unregistered vehicle is an eyesore and a nuisance under the definition of this code and it is their position that it causes public injury. Jeffrey Hoyt expressed concern with the delay in scheduling this appeal of the public nuisance violation. He felt they were hindered in their attempts to speak before the Board and questioned Ms. Niemiller regarding a conversation with Mrs. Panoutsakos. Ms. Niemiller stated she attempted to explain to Mrs. Panoutsakos that the real property owner, not the vehicle owner should initiate any appeal of a public nuisance violation. Mr. Lance concurred~ stating there was a delay, as it is his interpretation that the code only made provision for the real property owner to appeal. i,""''') ".l~ Jeffrey Hoyt expressed concern staff had acted inappropriately, stating he had tape recorded a conversation with Code Enforcement personnel. Lt. Kronschnabl informed Mr. Hoyt recording a conversation without the knowledge or consent of both parties is a felony. He requested a copy of the tape, stating he would be talking to Mr. Hoyt after the public hearing. Jeffrey Hoyt felt they were being taxed without representation by being required to tag an unused vehicle, stating the car is in good shape; however his brother is financially unable to comply at this time. He questioned if there are any alternatives for compliance, such as covering the vehicle with a tarp. In response to a question, Lt. Kronschnabl stated covering the vehicle with a tarp will not bring compliance. He recommended compliance within 10 days, or having the vehicle towed. Attorney Lance questioned if financial hardship is the only reason the car has not been registered. Gregory Hoyt responded his driver's license is also under suspension. Mrs. Panoutsakos stated Mr. Hoyt needs more time to comply. She stated she does not want to ask him to move the car and does not feel it should be taken away from him. She stated he needs a car due to his medical condition and questioned if there is any help available from the City in obtaining a license. Chairman Swanberg responded the Board is sympathetic to his plight; however he must follow City regulations. u MINceD18.95 6 01/25/95 , " . . , ' , " ' , " ' ,~ ."'",, ' '.... " . ""'".,', .,', :' ',' " '''. ' ~~.;: < O;pj', ....~, ,'...\ Jeffrey Hoyt requested 60 days to obtain the registration and tag due to Gregory being on a fixed income and needing time to budget for this cost. In response to a question, Gregory Hoyt stated the car was licensed before; however, the tag had expired about a year ago. Discussion ensued regarding the case. It was pointed out the car still cannot be used without a tag, even for medical reasons and Mr. Hoyt has already had several weeks to comply. Jeffrey Hoyt stated Gregory has a suspended driver's license. In response to a question, Gregory Hoyt said his license has been suspended for 90 days. In response to a question, Attorney Salzman indicated it is within the purview of the Board to consider extenuating circumstances. Attorney Salzman questioned Gregory Hoyt regarding his probation record and the total of the fines. Mr. Hoyt indicated he had been charged with driving while his license was suspended and misuse of plates. There was an additional fine for an unpaid parking ticket. j ~,...~\ \.,,''f:t!''-' Lt. Kronschnabl stated he was not aware of the traffic violations against Mr. Hoyt. He felt it may be appropriate for him to review this new information before the Board makes a decision. A question was raised how the Community Response Team became aware of this violation. Ms. Niemiller responded there were approximately 40 code violation complaints in this vicinity and Mr Hoyt's vehicle was cited in response to a specific complaint for this address. Jeffrey Hoyt stated that complaint was for a different vehicle which was in complete disrepair and has been removed. Mrs. Panoutsakos stated there is no problem with this car. Jeffrey Hoyt stated this is not a matter of not wanting to comply. They are just asking for more time. Discussion ensued regarding compliance alternatives and dates. Attorney Salzman indicated granting an extended time period is not unusual for this type of violation and it is up to the Board to consider extenuating circumstances. While some members felt sufficient compliance time had already been given, other members felt a more generous time allowance should be granted. Member Riley moved, concerning Case 08-95, regarding Section 20.35(') of the Clearwater City Code on property located at 1 OJ 5 N Osceola Avenue a/k/a J J Eldridge Sub, Blk B, Lot 12, the Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 25th day of January, 1995, and based on the evidence, the Municipal Code Enforcement Board enters the following Findings of Fact, Conclusions of Law, and Order. 1.J MINCBOl B.95 7 01/25/95 .. ~ " . \ " .', ' I . :. . ' . '. '. \ . , '.~ '.1~;I.,~ I'. ,~.., The Findings of Fact are: after hearing testimony of Vickie Niemiller, Code Inspector, and E. Panoutsakos and Jeffrey Hoyt, representing Gregory G Hoyt, and viewing the evidence, exhibit submitted: City exhibit A, photographs of the vehicle on the subject property, it is evident that there exists an abandoned or inoperative vehicle in violation at 1015 N Osceola Avenue. The Conclusions of Law are: Demetrios & E Panoutsakos and Gregory G Hoyt are in violation of Section 20.35 of the Code of the City of Clearwater, Florida. It is the Order of this Board that ~metrios & E Panoutsakos aod Gregory G Hoyt shall comply with Section 20.35 of the Code of the City of Clearwater by March 15, 1995. 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 Demetrios & E Panoutsakos and Gregory G Hoyt. 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 Pine lias County, Florida as other liens are recorded. ~~J.,:;h '~ ::rtl If the owner takes remedial action after the tim.e 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, Demetrios & E Panoutsakos and Gregory G Hoyt shall notify Vickie Niemiller, 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. The motion was duly seconded and carried unanimously. UNFINISHED BUSINESS None OTHER BOARD ACTION I DISCUSSION Case 25~94 - Affidavit of Compliance & Request to Address Board Regarding Fine Stephen Sallis, TRE, c/o Dayton Resourcesf L TO Trust 304 1425 Sunset Point Road (Land Development Code ~ Signs) Member Riley moved, concerning Case 25.94, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. In a letter dated January 6, 1995, Clyde Koehl, real estate broker marketing the subject property, requested to address the Board regarding a reduction of the fine. I,-.J MINce01 B.95 B 01/25/95 . .' I , , ' '.. .' ~ . , . > . , r".'~'- r ,'C,, '>,... ..,.. Discussion ensued regarding the duration of the violation and the amount of the fine. Attorney Salzman indicated the fine was $ 7 ,300. for 146 days of violation. ,.............. , Questions were raised regarding the delay in compliance and whether or not 'the fine was appropriate. It was indicated in the letter that the trustee has been unable to be in Florida to handle this matter. In the absence of any new information, it was felt a rehearing should be denied. Member Riley moved, concerning Case 25-94 to deny request to rehear. The motion was duly seconded. Concern was expressed the property owner should be given the opportunity to explain. Attorney' Salzman indicated the Board could deny the current request, ask for additional information and consider whether or not to rehear the case at a later date. Upon the vote being taken, the motion carried unanimously. Staff was requested to inform the property owner the Board would consider granting a rehearing if additional information is submitted. ....~ I, \ '.......""/ Case 61-94 - Affidavit of Compliance Scott Segin 1 460 S Prescott A va (Public Nuisance) Member Riley moved, concerning Case 61-94, to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. ELECTION OF BOARD CHAIRMAN & VICE CHAIRMAN Member Riley nominated Member Swanberg as Chairman. The motion was duly seconded and carried unanimously. Member Swanberg was re-elected as Chairman. Member Rogers nominated Member Riley as Vice-Chairman. The motion was duly seconded and carried unanimously. Member Riley was re-elected as Vice-Chairman MINUTES - January 11, 1995 Member Rogers moved to approve the minutes of January 11, 1995 in accordance with copies submitted to each Board member in writing. The motion was duly seconded and carried unanimously. \ ' -.-I MINCB01 B.95 9 01125/95 ':t~~.. \~... ~ ' . I, , ., , 'j,. I ~ .' J.t . ~;; " ,", , \' ..' '( ;., , r./,.. {,~ ~:;. . 1. "".' . .~: :.:, . ~ ,~ . ~/X,."' ..' ' . 'J~ ~ . . ...~t, lti'''f~~~'l~,,:"~~f.,{{.!''''~'~\''~ :"~,! .... ,~~i:' . ,~ '. II, I!:'; .~" :.:':" :. .~~;." ,~ ".0' c,". ,./ , ,... '. ..'t'...., . 't ", , ,,",: 'n' If. .~,' .:,. . " "I , ".:'..., ":"~.."..I ....+~...I~'.~......~.~~"'" ,'" I. ,', . i -; ADJO.URN . b,.,II'Ic' The'meeting was adjourned at 4:10p.m. I' t' ~=~ MUNICIPAl: --~- L RD .'.. ,;, " :." ATTEST: ~'~~ secre~ . '0' , , "I , -, o M1NCBOl B.95 10 01/25/95 .r. ' "".....< ... I' , , ,"" r.' , " . ~ - . .._,;..