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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of June 14, 1995, 3:00 p.m.
Agenda
Action
PUBLIC HEARINGS
tAt the time a case is heard and date set for compllance the Board shall, at the same time,
set the fee to be assessed in case of non-compliance. I
Case 17-95 - (continued from 4/12/95)
Bruce Williams, Dean Roofing
506 N Greenwood Avenue
(Fire Prevention Code)
Withdrawn - complied prior
Case 18-95
Robert Jackson
1938 Springtime Ave
(Public Nuisance)
Case 19-95
Larry Bunting
804 & 804 Yz Pennsylvania Ave
(Unsafe Building)
Case 20-95
Gary & Phil/ips Wood
Patrick Media Group/CT Corp Syst
1556 S Ft Harrison Ave
(Land Development Code - Signs)
Case 21-95
Raymond & Mildred Center, Tre Continued to July 12, 1995
National Advertising Co.1 CT Corp Syst, R.A.
1769 Drew St
(Land Development Code - Signs)
Appeal Withdrawn - complied prior
Ordered to obtain demolition permit
within 10 days (6/24/95) and to
remove building within 45 days
(7/29/95)
Ordered compliance within 30 days
(7/14/95)
:~
Case 22-95
John H. Meek Sr, Tre.
National Advertising ColCT Corp Syst, R.A.
1 219 Court St
(Land Development Code - Signs)
Continued to JulV 12, 1995
UNFINISHED BUSINESS
None
OTHER BOARD ACTION J DISCUSSION
Case 41-92. - Affidavit of Compliance
Arthur & Irene Passias
1378 Milton St
(Unsafe Building)
Accepted
CBAct061l.95
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Ag~nda Action "
r--, PUBLIC HEARINGS "
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Case 26-94 ~ Address Board regarding Fine
Stephen Ballis, TRE, c/o Dayton Resources, L TO Reduced fine from $7,300.00 to'
1425 Sunset Point Road $1,295.45
(Land Development Code)
Case 60-94 - Affidavit of Compliance
Tom Soars Accepted
2525 Gulf to Bay Blvd
(Life Safety Code)
.\
Case 12-95 - Affidavit of Compliance
'Julie A Leabu/Barton A Kolasa, Representative Accepted
1429 S Evergreen Avenue
(Public Nuisance)
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MINUTES ~ February 8 & April 26, 1 995 Approved 8S submitted
ADJOURNMENT 4:25 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
,June 14, 1995
Members present:
Stephen D. Swanberg, Chair
Louise C. Riley, Vice-Chair
Dennis Henegar
Helen Kerwin
Carl Rayborn
Peg Rogers
Members absent:
Robert Theroux
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
In order to provide continuity for research, the items wiU be listed in agenda order
although not necessarily discussed in that order.
o
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 17~95 - (continued from 4/12/95)
Bruce Williams, Dean Roofing
506 N Greenwood Avenue
(Fire Prevention Code)
In an affidavit May 3, 1995, Fire Inspector Karl Whittleton withdrew Case 17-95, stating
the property is in compliance.
Case 18~95
Robert Jackson
1938 Springtime Ave
(Public Nuisance)
In a letter dated June 7, 1995, Code Inspector Vicki Niemiller stated the property is in
compliance and the owner has withdrawn the appeal in Case 18-95.
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Case 19-95
Larry Bunting
804 & 804 % Pennsylvania Ave
(Unsafe Building)
In response to a question, Larry Bunting admitted to the violation.
Vern Packer, Building Inspector, stated he visited the site pursuant to a complaint from
the Community Response Team. There was also Social Services complaint. He stated
no one lives on the subject property and a collection of auto parts fills both structures.
There is a particular concern with the structure at 804 Pennsylvania Avenue. He stated
Mr. Bunting was given the option of repairing or demolishing the building and he had been
cooperating with staff. He noted Mr. Bunting has inquired into obtaining the demolition
permit and was told the sewer must be cut and capped first. He recommended a
demolition permit be obtained within 10 days and the building be demolished within 30
days. He felt the matter needs to be addressed quickly.
Mr. Packer believed the two-story unit at the back of the property could be repaired. As
long as Mr. Bunting agrees to leave it vacant, he stated he would be happy to work out
arrangements with Mr. Bunting to repair it as finances permit.
~.""
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City Exhibit A, two photographs of the subject property was submitted for the record.
One photograph was taken January 4, 1995, the date of original posting. The other was
taken June 8, 1995.
Mr. Packer stated the collection of car parts is not allowed in this residential
neighborhood. He noted there is a push to clear up problems with substandard buildings
in this area.
Discussion ensued regarding the Notice of Unsafe Structure. Mr. Packer explained the
notification procedure. The Notice of Unsafe Structure was mailed on January 19, 1995.
Mr. Bunting did not sign for it until February 13, 1995 when it was hand delivered to him
because he did not pick up his certified mail. A reminder letter was sent out March 7.
A Notice of Violation was sent on March 23 and a follow up letter on March 27.
In response to a question, Mr. Bunting stated the area above the shop at 804 % is vacant
and was intended for his residence. Mr. Packer indicated a number of codes are in
violation and the Community Response Team is working on the outdoor storage issue.
This affidavit addresses the car parts inside.
Discussion ensued regarding demolishing instead of repairing unit number 804. Mr.
Packer detailed the extensive damage present, stating it is not feasible to repair the
structure. Mr. Bunting was reluctant to demolish; however, if ordered, he wished to
dismantle the structure himself. He stated he could use some of the lumber in other areas
and felt it could be done in three months. Mr. Packer stated the respondent has been
,
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aware of the problem since February. Under normal circumstances, the City would have
~ already demolished the structure by now. He felt allowing 30 days to comply was
I sufficient.
Discussion ensued regarding time and demolition procedures. In response to questions,
Mr. Packer stated the property is a health hazard and needs to be secured. He
recommended a fine of $250.00 per day for each day of violation past the compliance due
date. Mr. Bunting stated he has been working to improve the property.
Member Riley moved, concerning Case 19-95, regarding violation of Section 47.161 of
the City of Clearwater Code and the Standard Unsafe Building Abatement Code as
adoptep by the City of Clearwater and Section 40.123 of the Clearwater City Code on
property located at 804 & 804 Yz Pennsvlvania Ave a/k/a Pinecrest Sub Block 5, Lots 3
& 4, the Municipal Code Enforcement Board has heard testimony at the Municipal Code
Enforcement Board hearing held the .1..4th. day of J.!.uN... 1.ill!.5.. 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 Vern Packer, Building Inspector, and
Larry Bunting and viewing the evidence, exhibit submitted, City Exhibit A, a photographs
of the subject property, it is evident a violation exists in that dwelling units are being used
for the indoor storage of automotive parts which violates the zoning usage for residential
neighborhood as stated in the Affidavit of Violation at 804 & 804 Y2 Pennsylvania Ave.
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The Conclusions of Law are: Larry Bunting is in violation of Section 47.161 of the City
of Clearwater Code and the Standarq Unsafe Building Abatement Code as adopted bv the
City of Clearwater and Section 40.123 of the Clearwater City Code.
It is the Order of this Board that larry Bunti09 shall comply with Section 47.161 of the
City of Clearwater Code and the Standard Unsafe Building Abatement Code and Section
40.123 of the Code of the City of Clearwater by obtaining a demolition permit within 10
days (June 24, 1995) and demolishing the building within 45 days (July 29, 1995) of the
date of this hearing.
If Larry Bunting does not comply within the time specified, the Board may order him to
pay a fine of $250,00 per day for each day the violation continues to exist past the
compliance due date.
If Larry Bunting does not comply within the time specified, a certified copy of the Order
imposing the fine may be recorded in the Public Records of Pine lias County, Florida, and
once recorded shall constitute a lien against any real or personal property owned by the
violator pursuant to Chapter 1 62, Florida Statutes. If the violation concerns real property,
the recording of a certifjed 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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06/14/95
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Upon complying, Larry Bunting shall notify Vern Packer,' 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. 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 20-95
Gary & Phillips Wood
Patrick Media Group/CT Corp Syst
1556 S Ft Harrison Ave
(Land Development Code - Signs)
Donald Hemke, attorney representing Patrick Media, addressed the Board. Mr. Hemke
requested a eO-day continuance pending a circuit court ruling litigation in which the City
and Patrick Media are involved.
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Assistant City Attorney Lance stated the City is opposed to the continuance as the signs
should have been brought into compliance in October, 1992. Board Attorney Salzman
said it would not be improper to hear the case today. It is within the Board's discretion.
A typographical error in today's hearing date was noted for the record. The respondent
were asked if he wished to proceed. Mr. Hemke stated the continuance is not being
requested due to the typographical error. He stated this is a constitutional issue and
requested the hearing be put off until after the circuit court hearing. Discussion among
the attorneys ensued regarding continuance of the case.
In response to a question from Mr. Lance, the re'spondent conceded the existing sign
exceeds the current code. The Board felt it was appropriate to proceed.
Mr. Hemke expressed concern when the court will make its ruling. Mr. Salzman felt 30
to 60 days compliance time was appropriate. He explained the respondent may came
back to the board and request additional time, if necessary.
Questions were raised regarding the code and the number of signs involved. Mr. Salzman
stated the Board should hear the violation as cited today. If other signs are involved, the
City may bring them forward at a later time.
City Exhibit A, photographs of the subject billboard, was submitted for the record by
Michael Furlong, Sign Code Inspector. The City recommended a fine of $50.00 per day
for each day of violation past the compliance due date.
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Member Riley moved, concerning Case 20-95, concerning violation of Sections
44.51 (4He} 1.b & lLC of the Clearwater City Code on property located at 1556 S Ft
Harrison Ave a/k/a M&B 44.19 in Section 21-29-15, the Municipal Code Enforcement
Board has heard testimony at the Municipal Code Enforcement Board hearing held the
14th day of J1!..o.e., 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 Sign Inspector Michael Furlong,
representing the City, and Attorney Donald Hemke, representing Patrick Media Group, Inc,
lessee, who admitted to the violation, and viewing the evidence, exhibit submitted, City
Exhibit A, photographs of a billboard on the subject property taken from various
directions, it is evident signage exceeding the maximum square footage and height
allowed in this zoning district exists as stated in the Affidavit of Violation at 1556 S Ft
Harrison Avenue, Clearwater.
The Conclusions of Law are: Gary and Philllps Wood, property owner, and Patrick Media
Group, Inc, lessee, are in violation of Section 44.51 (4)(eI1.b & 1.c of the Clearwater
City Code.
It is the Order of this Board that Gary and Phillips Wood, and Patrick Media Group, Inc,
shall comply with Section 44.51 14He) l.b & 1.c of the Code of the City of Clearwater
within 30 days (July 14, 1995).
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If Gary and Phillips Wood, and Patrick Media Group, Inc, 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.
If Gary and Phillips Wood, and Patrick Media Group, Inc, do not comply within the time
specified, a certified copy of the Order imposing the fine may be recorded in the Public
Records of Plnellas 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, Gary & Phillips Wood, or Patrick Media Group, Inc., shall notify
Michael Furlong, 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 argoment 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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Questions were raised regarding enforcement of the City's sign code. Mr. Salzman stated
~ the violations are presented on a case by case basis. Mr. Lance was requested to provide
"'" " to the Board additional information regarding the commercial signage.
Case 21-95
Raymond & Mildred Center, Tre
National Advertising Co.! CT Corp Syst, R.A.
1769 Drew St
(Land Development Code - Signs)
Case 22-95
John H. Meek Sr, Tre.
National Advertising ColCT Corp Syst, R.A.
1219 Court St
(Land Development Code - Signs)
In It:itters dated June 8, 1995, Inspection Specialist Geri Doherty requested Cases 21-95
and 22-95 be continued. The respondents have requested 60 days to comply. Lt.
Kronschnabl suggested reviewing the status in 30 days to see how compliance is
progressing.
Member Riley moved to continue Cases 21-95 and 22-95 to the meeting of July 12,
1995. The motion was duly seconded and carried unanimously.
l::)
UNFINISHED BUSINESS
None
OTHER BOARD ACTION I DISCUSSION
Case 41-92 - Affidavit of Compliance
Arthur & Irene Passias
1 378 Milton St
(Unsafe Building)
Member Riley moved to accept the Affidavit of Compliance in Case 41-92. The motion
was duly seconded and carried unanimously.
Case 25-94 - Address Board regarding Fine
Stephen Ballis, TRE, c/o Dayton Resources, L TO
1425 Sunset Point Road
Thomas Roman, attorney representing Stephen Sallis, Trustee, addressed the board.
Summarizing correspondence previously received by the Board, Mr. Roman explained why
they are seeking reduction of the fine. He cited time,' distance and financial constraints.
The property was deteriorated, unusable as a rental space and difficult to maintain with
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Mr. Ballis being located out of town. He stated the property has now been sold and the
buyer has achieved compliance. The total amount of the accrued fine was paid out of
monies resulting from the sale of the property. He respectfully requested a partial refund.
Discussion ensued regarding the amount of the fine. It was noted administrative costs
frequently do not reflect the true cost of processing this type of case.
Member Riley moved, concerning Case 25-94, to reduce the fine from $7,300.00 to
$1,295.45. The motion was duly seconded and carried unanimously.
Case 60w94 - Affidavit of Compliance
Tom Soars
2525 Gulf to Bay Blvd
(Life Safety Code)
Case 12w95 - Affidavit of Compliance
Julie A Leabu/Barton A Kolasa, Representative
1429 S Evergreen Avenue
(Public Nuisance)
Member Riley moved to accept the Affidavits of Compliance in Cases 60-94 and 12-95.
The motion was duly seconded and carried unanimously.
MINUTES
,)
Ms. Riley moved to approve the minutes of February 8 and April 26, 1995 in accordance
with copies submitted to each member in writing. The motion was duly seconded and
carried unanimously.
Discussion ensued regarding the ride along program with the inspectors. Members
Swanberg, Riley and Kerwin indicated the program was a wonderful experience and they
enjoyed it.
Member Riley stated she will not be able to attend the meeting of July 12, 1995.
ADJOURN
The meeting was adjourned at 4:25 p.m.
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