04/12/1995 (2)
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of April 12, 1995, 3:00 p.m.
Agenda
Action
PUBL.IC 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 06-95 - (cant. 1/25, 2/8 & 3/22/95)
Michael & Patricia Vlamakis
2004 Drew St
(Occupational License & Land Development Code)
Continued to 4/26/95
Case 16-95 - Repeat Violation
Manuel Kastrenakes
2576 Ham Blvd
(Land Development Code)
Case 17 -95
Bruce Williams, Dean Roofing
506 N Greenwood Avenue
(Fire Prevention Code)
Ordered compliance immediately.
Fined $250.00 for 3/13/95
Continued to 4/26/95
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UNFINISHED BUSINESS
None
OTHER BOARD ACTION I DISCUSSION
Case 25-94 - Request for Rehearing
Stephen Ballis, TRE ,
c/o Dayton Resources, L TD
1425 Sunset Point Road
(Land Development Code)
Case 43-94 - Affidavit of Compliance
Peter G & Patricia A Nichols
606 N Greenwood Ave
(Minimum Housing)
Case 03-95 - Affidavit of Compliance
Evangelos & Maria Natsis
1626 Drew Street
(Land Development Code)
Denied request
Accepted
Accepted
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CBAct0411,95
04/12/95
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Agenda
Action
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PUBLIC HEARINGS'
Case 08~95 ~ Affidavit of Compliance
Demetrios & E Panoutsakosl
Gregory G Hoyt
1015 N Osceola Avenue
(Public Nuisance)
Accepted
Case 09-95 ~ Affidavit of Compliance
Manuel Kastrenakes
2576 Haro Blvd
(Land Development Code)
Accepted
PRESENTATION - Board Member Orientation
Concept ~ Lt. Jeff Kronschnabl
MINUTES ~ February 22, 1995
Gave presentation
Continued to 4/26/95
ADJOURNMENT
3:42 p.m.
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04112/95
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MUNICIPAL CODE ENFORCEMENT BOARD
April 12, 1995
Members present:
Stephen D. Swanbergt Chair
Louise C. Riley, Vice-Chair
Dennis Henegar
Helen Kerwin
Carl Rayborn
Robert Theroux
Members absent:
Peg Rogers
Also present:
Andy Salzman, Attorney for the Board
Lt. Jeff Kronschnabl, Special Assistant to the City ManagerfCommunity Response Team
Mary K. Diana, Secretary for the Board
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 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 (3D) 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 06-95 ~ (cant. 1/25, 2/8 & 3/22/95)
Michael & Patricia Vlamakis
2004 Drew St
(Occupational License & Land Development Code)
Code Inspector Janice King requested Case 06-95 be continued. She stated compliance is
contingent upon a request scheduled for the Planning and Zoning Board meeting of April 18. 1995.
Member Riley moved to continue Case 06-95 to the meeting of April 26, 1995. The motion was
duly seconded and carried unanimously.
Case 16.95 . Repeat Violation
Manuel Kastrenakes
2576 Ham Blvd
(Land Development Code)
Michael Kastrenakes stated he would speak on behalf of his father, Manuel Kastrenakes.
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Janice King, Code Inspector, stated a conditional use applicatIon for outdoor storage of vehicles
was denied by the Planning and Zoning Board (P&ZI. This decision was appealed and the Hearing
Officer reversed the P&Z decision, approving the conditional use subject to certain conditions.
The conditions were not met and the approval expired. Property ownership was verified through
the records of the Pinellas County Property Appraiser and the certified mail receipt for the repeat
Notice of Violation was not returned signed.
On February 8, 1995, the Board ordered compliance by February 15 and a fine of $250.00 per
day for each day of repeat violation. Ms. King stated illegal parking on the property has
continued. She observed a repeat violation on March 13 and issued a Notice of Repeat Violation
on March 14, 1995. She, observed repeat violations on March 15 and March 30, 1995.
City Exhibits A and B, photographs of repeat violations on March 15 and March 30, 1995, were
submitted for the record.
In response to a question, Mr. Kastrenakes did not object to the photographs; however, stated
he was not r:otified of the repeat violation dates.
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Ms. King responded she spoke with the owner after the February 8 order was issued. She felt
he understood he would be fined for repeated violations. He assured her the violations would not
reoccur. She felt the employees were continuing to illegally park the sale and lease vehicles
without the owner's knowledge. She stated repeated attempts to inform the owner, by telephone
and in person, were unsuccessful. The messages she left with the employees were, apparently,
not delivered. She, noted the area in question is allowed to be used for employee parking.
Member Riley stated she observed several vehicles without license plates. Mr. Kastrenakes
stated the untagged vehicles were likely being prepared for transport to auctions.
Mr. Kastrenakes questioned how many times Ms. King reinspected the property and if she found
repeat violations on every visit. She responded she drove by the property about five times, twice
finding no violations. She did not remember the dates. Mr. Kastrenakes pointed out the problem
was not continuous.
In response to a question, Mr. Kastrenakes stated they sometimes have vehicles for sale, which
explains why some are untagged.
Ms. King stated she checked the property April 11 and today, and found no further violation. She
recommended imposing a fine for one day of repeat violation. She noted the property owner has
initiated the conditional use application process again.
Mr. Kastrenakes questioned what compliance date was set previously. Ms. King responded the
order was issued at the meeting of February 8, 1995 with a February 15 compliance date. She
noted Manuel Kastrenakes was not present at that hearing.
Mr. Kastrenakes explained they wish to cooperate and are making every effort to comply. He
said he has been working with Steve Doherty in the City Zoning Department concerning either
rezoning the property, or seeking a parking variance. He indicated a previous building plan did
not proceed due to the need for a parking variance and he still hopes to develop the property in
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the future. He again pointed out the violation has not been continuous or severe, sometimes
involving only one or two cars. Mr. Kastrenakes stated they are taxpayers and need to use their
property. He stated they have every intention of complying and asked the Board for leniency.
It was noted the parking lot is full in some of the pictures. Ms. King said the problem was
seasonal and occurred whenever a transport truck would drop off a full shipment of vehicles.
She said that was the reason for the original complaint received from a resident of a nearby
condominium.
In response to questions, Mr. Kastrenakes stated they employ 20 to 30 people, some of which
are new on the job, which could account for the problem. He indicated it was probably easier for
the employees to allow the vehicles to remain on the lot than to drive them to another location
ten miles away. He stated usually ten to fifteen people work at once, and are allowed to park
their personal vehicles on site.
Clarification was requested regarding the 1991 conditional use approval. Ms. King stated the
approval expired when the required improvements were not made within the time allowed.
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Member Riley moved, concerning Case 16-95, regarding repeat violation of Sections
36.065(6HdL 40.004(3HaL 36.007{1 Hd of the Clearwater City Code on property located at
2576 Harn Blvd a/k/a M & B 14-05 in Section 19-29-16, the Municipal Code Enforcement Board
has heard testimony at the Municipal Code Enforcement Board hearing held the .l21h day of ADIil,
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 testimony of Janice King, Code Inspector, and Michael
Kastrenakes, representing Manuel Kastrenakes, and viewing the evidence, exhibits submitted,
City Exhibits A & B, photographs of vehicles parked on the subject property on March 1 3, March
15 and March 30, 1995, it is evident vehicles are being illegally parked on property not zoned for
such at 2576 Harn Blvd.
The Conclusions of Law are: Manuel Kastrenakes is in violation of Section 36.06516HdL
40.00413Ha), 36.007f1 Hel of the Clearwater City Code; was found to have violated the same
provision by the Board on February 8. 1995, and has committed a repeat violation.
It is the Order of this Board that Manuel Kastrenakes shall comply with Section 36.06516Hd1L
40.004(3)(81. 36.007(1 Hel of the Code of the City of Clearwater immediately_
It is the Order of this Board that Manuel Kastrenakes shall pay a fine of $ 250.00 for a repeat
violation on March 13, 1995.
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A certified copy of this Order shall be recorded in the Public Records of the Office of the Clerk
of the Circuit Court in and for Pinellas County and 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.
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~ Upon complying, Manuel Kastrenakes shall notify Janice KiOg, the City Official who shall inspect
',:.:'1 the property and notify the Board of compliance. 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 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.
Case 17~95
Bruce Williams, Dean Roofing
506 N Greenwood Avenue
(Fire Prevention Code)
No representative was present.
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City Fire Inspector Jeff Daniels appeared on behalf of Inspector Karl Whittleton, who was in the
field and unable to attend. A question was raised if he had personal knowledge and experience
with this case. Inspector Daniels indicated he did not. Attorney Salzman recommended the case
be continued so that Inspector Whittleton could present the case.
Member Henegar moved to continue Case 17~95 to the meeting of April 26, 1995. The motion
was duly seconded and carried unanimously.
UNFINISHED BUSINESS
None
OTHER BOARD ACTION I DISCUSSION
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Case 25-94 - Request for Rehearing
Stephen Ballis, TRE
c/o Dayton Resources, L TD
1425 Sunset Point Road
(Land Development Code)
Member Riley expressed concern with the request, stating it was already decided not to rehear
this case due to the amount of elapsed time before compliance was obtained.
Attorney Salzman stated new information has been received in correspondence from the violators
and the accrued lien of $7,300. was paid today. He recommended the'Board examine the new
information and consider scheduling the request to address the Board regarding reduction of fine.
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Member Riley moved to deny the rehearing of Case 25-94. The motion was duly seconded.
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Mr. Salzman clarified the property is now in compliance and Mr. Ballis can request to address the
Board for a reduction of fine. He stated a letter containing new evidence was submitted to the
Board. He noted this case is not normal procedure since the fine was paid prior to requesting a
reduction of fine.
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The motion, having been made and seconded, carried unanimously.
Case 43-94 - 'Affidavit of Compliance
Peter G & Patricia A Nichols
606 N Greenwood Ave
(Minimum Housing)
Case 03-96 - Affidavit of Compliance
Evangelos & Maria Natsis
1626 Drew Street
(Land Development Code)
Case 08-95 - Affidavit of Compliance
Demetrios & E Panoutsakosl
Gregory G Hoyt
1015 N Osceola Avenue
(Public Nuisance)
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. Case 09-95 - Affidavit of Compliance
Manuel Kastrenakes
2576 Harn Blvd
(Land Development Code)
Member Kerwin moved to accept the Affidavits of Compliance in Cases 43-94, 03-95, 08-95 and
09-95. The motion was duly seconded and carried unanimously.
PRESENTATION - Board Member Orientation Concept - Lt. Jeff Kronschnabl
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Lt. Kronschnabl invited the Board members to individually ride with the Code inspectors. He
offered this as an opportunity for the members to meet one on one with the inspectors and
become familiar with the code enforcement operation. He noted there has been a reduction in
the number of cases coming before the Board as a result of the Team's philosophy of education
and communication to achieve cooperation. He stated better case management is being practiced
and the focus is on seeking compliance rather than pursuing enforcement. He explained the
Team's block to block and door to door inspection system and said they work in cooperation with
various neighborhood groups.
Lt. . Kronschnabl suggested Board members call his office at 462-6565 to schedule their
appointments. He indicated the entire process would involve about four to five hours and
Tuesday through Friday would be the best days to schedule.
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Board members expressed enthusiastic acceptance of his offer, indicating it wo'uld be worth the
effort to learn how things happen.
mlncb04a.95
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MINUTES - February 22, 1995
Approval of the minutes of February 22, 1995 was continued to the next meeting.
ADJOURN
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The meeting was adjourned at 3:42 p.m.
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. MUNI PAL COOFEf\1FORCEMENT BOARD
ATTEST:
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