10/11/1995 (2)
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Municipal Code Enforcement Board
Minutes
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MUNICIPAL CODE ENFORCEMENT BOARD
October 11, 1 995
Members present:
Stephen D. Swanberg, Chair
Louise C. Riley, Vice-Chair
Dennis Henegar
Helen Kerwin
Peg Rogers
Absent:
Carl Rayborn
Robert Theroux
Also present:
Andy Salzman, Attorney for the Board
Robert J. Surette, Assistant City Attorney/Police Legal Advisor
Leslie Dougall-Sides, Assistant City Attorney
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 Chair 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.
Attorney Surette introduced Leslie Dougall-Sides stating she will be replacing him as the
City's legal representative to the Code Enforcement Board.
Chair Swanberg extended the .board's appreciation to Member Kerwin for her 3 years of
service on the board noting that she has been reappointed by the Commission to serve
another term.
Case 21-95 (continued from 08/09/951 08/23/95, 09/13/95, 09/27/95)
Raymond & Mildred Center, Tre
National Advertising Co.! CT Corp Syst, R.A.
1769 Drew St
(Land Development Codel
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Case 22~95 . (continued from 08/09/95, 08/23/95, 09/13/95, 09/27/95)
John H. Meek Sr, Tre.
National Advertising Co./CT Corp System, R.A.
1219 Court 5t
(land Development Code)
Staff has requested to continue Cases 21.95 and 22-95 to November 8, 1995.
Negotiations are still underway to obtain compliance.
Attorney Dougall-Sides noted negotiations have been tak~Ciplace with the property owner
and compliance is expected any day. She said the signs are to be removed.
Member Rogers moved to continue Cases 21-95 and 22-95 to the meeting of November 8,
1995. The motion was duly seconded and carried unanimously.
Case 34-95
Shell Oil Company clo H. M. Hayes
1 502 S. Belcher Road
(Land Development Codel
No one was present to represent the alleged violator. In response to a question, the
Assistant City Clerk said the notice of hearing was sent certified mail and the signed
receipt was returned.
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',-..-i Janice King, Code Inspector, stated she received a complaint and first inspected the
property on March 27, 1995. 5ignage was placed on the property without a permit.
Property ownership was verified through the Pinellas County Property Appraiser's Office.
Ms. King said she had communication with the business owner and explained the violation
to him. City submitted Exhibit 1 (Notice of Violation dated 3/29/951 and Exhibit 2
(composite of various code sections relating to signs). The original notice of violation had a
compliance date of April 3, 1995. Ms. King stated she inspected the property on April 2,
1995, and the illegal signs were removed.
Ms. King stated she received another complaint on August 29, 1995. She visited the
property on September 8, 1995, and observed an illegal sign affixed to the building. A
Notice of Recurring Violation was issued on September 11, 1995. City submitted Exhibit 3
(Notice of Recurring Violation dated 9/11/95). In response to a question, Ms. King
indicated the Notice of Recurring Violation was sent to both the business' and the owner's
addresses.
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On October 4/ 1995, Ms. King said she visited the property in addition to 2-3 other times
since and the signage has been removed. Ms. King said she spoke to the owner today
and he understands if there are further violations, he could be fined, In response to a
question, Ms. King said she did not take photos today; however, the business owner
admitted to the violation.
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Discussion ensued in regard to prior violations on this property.
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Ms. Riley moved that concerning Case 36-95 regarding violation of Section 44.31 (1) of the
Clearwater City Code on property located at 1502 S. Belcher Road, aka Section 24-29-15,
M&B 44.01, the Municipal Code Enforcement Board has heard testimony at the Municipal
Code Enforcement Board hearing held the 11 th day of October, 1995, 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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In response to a question, the Board Attorney said a decision can be made on the
testimony given at today's hearing and not having a recent photo of the property did not
present a problem.
FINDINGS OF FACT
After hearing testimony of Janice King, City Code Inspector, and viewing the evidence,
Exhibit 1- Notice of Violation dated 3/29/95; Exhibit 2 - composite of various code sections
relating to signs; Exhibit 3 - Notice of Recurring Violation dated 9/11/95; Exhibit 4 ~ Affidavit
of Recurring Violation & Request for Hearing dated 9/11/95; Exhibit 5 - Notice of Hearing
dated 9/27/95, and Exhibit 6 - certified mail receipt for Notice of Hearing submitted by the
City (Note: NQ one was present to represent Shell Oil Company or H. M, Hayes), it is evident
illegal signs exist at 1502 S. Belcher Road, Clearwater, FI 34624, that this condition was
corrected and recurred. It is further evident that the condition was corrected prior to this
hearing.
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CONCLUSIONS OF LAW
Shell Oil Company, clo H. M. Hayes is in violation of Section 44.31(11 .
ORDER
It is the Order of this Board that Shell Oil Company, c/o H. M. Hayes, shall comply with
Section 44.31 (1) of the Code of the City of Clearwater.
If Shell Oil Company, cIa H. M. Hayes repeats the violation, the Board may order them to pay
a fine of $50 per day for each day the repeat violation continues to exist after October 11,
1 995.
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.
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Case 36-95
Einstein & Evelina Boykins
1305 Wood Avenue
(Public Nuisance).
Staff requested a continuance. Mr. Boykins thought his hearing was to be held on October
. 25, 1995. He was sent a notice of hearing (,certified mail); however, he did not pick up his
mail.
Member Riley moved to continue Case 36-95 to the meeting of October 25, 1995. The
motion was duly seconded and carried unanimously.
UNFINISHED BUSINESS
None
OTHER BOARD ACTION I DISCUSSION
Chair Swanberg announced that Vice~Chair Louise Riley would be' presenting the annual
report of the ~unicipal Code Enforcement Board to the City Commission on November 19,
1995.
ADJOURNMENT
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The meeting adjourned at 3:25 p.m.
Attest::
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Secre . y t the Board
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1502 S. Belcher Rd.
(Land Development Code)
Complied prior; if repeats may be
fined $50/day for each day repeat
violation exists after 10/11/95.
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ACTION AGENDA
MUNICIPAL CODE ENFORCEMENT BOARD
OCTOBER 11, 1995
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 21-95 (Contd. from 8{9{95, 8/23/95, 9/13/95, 9/21/95)
Raymond & Mildred Center, Tre
National Advertising Co.lCT Corp System RA
1769 Drew St.
(Land Deve/opment Code)
Case 22-95 (Contd. from 819/95, 8/23195, 9/13195, 9/27/95)
John H. Meek Sr., Tre.
National Advertising Co.lCT Corp System, R.A.
1219 Court st.
(Land Deve/opment Code)
Contd. to 11/8/95
Contd. to 11/8/95
Case 34-95
Shell on Company c/o H. M. Hayes
Case 36-95
Einstein & Evelina Boykins
1305 Wood Ave.
(Public Nuisance)
Contd. to 10/25/95
UNFINISHED BUSINESS
none
OTHER BOARD ACTIONIDISCUSSION
none
Adjournment
3:25 p.m.
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CBACTIOn.95
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